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RIGHTS in BRITISHCOLUMBIA a Historical Summary of the Rz&Ht.Sof the Pavibon First Nation

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RIGHTS in BRITISHCOLUMBIA a Historical Summary of the Rz&Ht.Sof the Pavibon First Nation FIRSTNATIONS WATER RIGHTS IN BRITISHCOLUMBIA A Historical Summary of the rz&ht.sof the Pavibon First Nation Management and Standards Branch Copy NOT TO BE REMOVED FROM THE OFFICE BRITISH Ministry of Environment, Lands and Parks COLUMBIA MINISTRY OF ENVIRONMENT, LANDS, AND PARKS WATER MANAGEMENT BRANCH FIRST NATIONS WATER RIGHTS IN BRITISH COLUMBIA: A Historical Summary of the rigkts of tke Pavilion First Nation Prepared by: Gary W. Robinson Daniela Mops Edited by: Diana Jolly and Miranda Griffith Reviewed by: Gary W. Robinson February 18,1997 Canadian Cataloguing in Publication Data Robinson, G. (Gary), 1949- First Nations water rights in British Columbia. A historical summary of the rights of the Pavilion First Nation ISBN 0-7726-3364-9 1. Water rights - British Columbia - Pavilion Indian Reserve No. 1. 2. Water rights - British Columbia - Pavilion Indian Reserve No. 1A. 3. Water rights - British Columbia - Leon Creek Indian Reserve No. 2. 4. Water rights - British Columbia - Marble Canyon Indian Reserve No. 3. I. Mogus, Daniela. 11. Jolly, Diana. 111. Griffith, Miranda. IV. BC Environment. Water Management Branch. V. Title. VI. Title: Historical summary of the rights of the Pavilion First Nation. KEB529.5 .W3R62 ,1997 346.71104’32 C97-960262-9 KF8210.W38R62 1997 ACKNOWLEDGMENTS The Ministry of Environment, Lands and Parks wishes to acknowledge three partners whose contributions were invaluable in the completion of the Aboriginal Water Rights Report Series: The Ministry of Aboriginal Affairs, was a critical source of funding, support and direction for this project. The U-Vic Geography Co-op Program, was instrumental in providing the staffing resources needed to undertake this challenging task. Through the services of June Whitmore and her office, the project benefited from the research, writing, editing and co-ordination of these outstanding students: Jas Gill Christina Rocha Julie Steinhauer Rachel Abrams Kelly Babcock Elizabeth Lee Daniella Mops Sara Cheevers Miranda Griffith The services of Clover Point Cartographics Limited of Victoria, was responsible for the preparation of most of the map drawings, which form a valuable part of these documents. In addition to these three key partners, I must acknowledge the valuable contributions of other Water Management staff,past and present, including Jack Farrell, Jim Mattison, Richard Penner, Diana Jolly, Greg Blaney, Gary Lucas and Kim Johnston. The sheer numbers of First Nations groups’ with histories of water rights made the completion of the Report Series seem, at times, prolonged. The determination, patience and vision of the partners was essential in the completion of the Series and is gratefully acknowledged. Gary Robinson Project Manager Water Management Branch TABLE OF CONTENTS LOCATION.................................................................................................................................. 1 WATER ALLOCATIONS ......................................................................................................... 2 HISTORY. CURRENT STATUS. AND NOTES ..................................................................... 3 Leon Creek and an unnamed creek History ................................................................................................................ 3 Current Status.................................................................................................... 3 Notes ................................................................................................................... 4 Marble and Stone Creek History ................................................................................................................ 4 Current Status.................................................................................................... 6 Notes .................................................................................................................... 7 McKay Creek History ................................................................................................................ 7 Current Status.................................................................................................... 8 Notes ................................................................................................................... 8 Pavilion Creek History ................................................................................................................ 9 Current Status................................................................................................... 10 Notes ................................................................................................................... 11 OTHER INFORMATION......................................................................................................... 11 Additional Water Records ........................................................................................... 11 Alternate Water Sources.............................................................................................. 11 APPENDICES TAB NO. 1. TABLE: Summary of Water Records for the Pavilion Band. 2. RECORD OF MINUTES OF DECISIONS AND ORDER-IN-COUNCILS OIC No. 368/1908, AGBC No. 676. 3. LICENCES AND PLATS Conditional Water Licences 7164, 7169, 7894, 17703,20860, and Cancellation Notice and Order for Conditional Licence 20860. Final Water Licences 9627,9870 and 14679. 4. STREAM REGISTER REPORTS Leon Creek, Marble Creek, McKay Creek and Pavilion Creek. 5. WATER SURVEY OF CANADA RECORDS McKay Creek and Pavilion Creek. 6. WATER RECORDS FOR THE PAVILION BAND FOUND IN THE SCHEDULE OF INDIAN RESERVES IN THE DOMINION, 1913. 7. DATA SUMMARY OF GROUNDWATER RECORDS. 8. MAP - Overview map of Pavilion reserves; . - Pavilion Reserve No. 1and lA, and Leon Reserve No. 2; - Marble Canyon Reserve No. 3. FIRST NATIONS WATER RIGHTS REPORT BAND: Pavilion ADDRESS: P.O. Box 609, Cache Creek, BC VOK 1HO CHIEF Fred Alec PHONE: 256-4204 FAX: 256-4058 AFFILIATION: Lillooet Tribal Council LOCATION: The Pavilion Band occupy seven (7) reserves situated in an area north/northeast of the Village of Lillooet; the reserves range in size from 16.2 hectares to 882.1 hectares, comprising a total area of 2,111.8 hectares. The reserves are: Pavilion 1 Leon Creek 2A Pavilion 3A Pavilion 1A Marble Canyon 3 Pavilion 4 Leon Creek 2 Evidence indicates that the following reserves have been allotted water rights: 0 Pavilion 1: an 882.1 hectare reserve located on the eastern bank of the Fraser River at Pavilion Creek, about 30 km north of Lillooet. Pavilion 1A a 16.2 hectare reserve located on McKay Creek. McKay Creek drains into the Fraser River north of Pavilion 1. 0 Leon Creek 2: a 472.5 hectare reserve located on the western bank of the Fraser River, approximately 12 km upstream from Pavilion 1. Marble Canyon 3: a 263.1 hectare reserve located adjacent to Highway 12, southeast of the Marble Canyon Provincial Park, about 12 km east of Pavilion 1. The most recent population figures compiled by the Ministry of Finance report that the Pavilion Band has a total population of 406 people. 259 persons live on-reserve (mostly on Pavilion 1) and 147 persons are reported to live off-reserve. Located on the Interior Plateau, the reserves lie at elevations ranging from 1000 feet to 4500 feet above mean sea level. Average daily temperatures in the area range from -5 degrees centigrade in January, to between 16 and 20 degrees centigrade in July. Average annual rainfall for the area totals between 30 and 50 centimetres. Pavilion First Nation Water Rights Report 2 Water courses of significance include: e Leon Creek and a small, unnamed creek a mile south of Leon Creek - Leon Creek flows east through Leon Creek Reserve No. 2 into the Fraser River. The small, un-named creek flows east through Leon Creek Reserves 2A and 2, and into the Fraser River. Marble Creek - flows south from the Marble Mountain Range, through Pavilion Reserve No. 3A and into Marble Canyon Reserve No. 3. e McKay Creek - flows southeast from the Camelsfoot Range, through the southwest corner of Pavilion Reserve No. lA, and into the Fraser River. e Pavilion Creek - flows southeast near Pavilion Mountain and then southwest into Pavilion Lake; it then continues to flow east, and passes directly south of Pavilion Reserve No. 1, where it meets the Fraser River. 0 Stone Creek - flows north into Marble Canyon Reserve No. 3. WATER ALLOCATIONS: The water rights of the Pavilion Band have been determined by five actions of government over the years: 1) Allotments by Indian Reserve Commissioners. Following confederation, the Province and the Dominion established an Indian Reserve Commission. The Commission reserved lands for the Indians and facilitated the transfer of the proposed lands to the Dominion. In setting apart lands for reserves, the Reserve Commissioners made it their practice to allot water with the lands. This practice was unique among Indian Reserves in Canada and the authority of the Commissioners to allot water rights has always been disputed by the Province. 2) Lieutenant Governor-in-Council approval by Order-in-council, granting water rights. 3) Determinations of the Board of Investigation under the Water Act, 1914 in response to claims of the Department of Indian Affairs. In it’s rulings the Board often recommended the issuance of water licenses. 4) The granting of water licenses in response to Federal Government applications requesting authorization for the use of water on reserve lands. Pavilion First Nation Water Rights Report 3 5) Actions to amend, cancel
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