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Docket 90 Duck Lake Order of Approval 1970-03-31.Pdf

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Docket 90 Duck Lake Order of Approval 1970-03-31.Pdf '* "i* I. IN THE MATTER OF THE: APPSJCATION MANAGEmNT AUTHORITY FOR qPPROVAL AND MAINTENANCE OF A DY:~AND FOR AN ORDER AMENDING THE DATED 12 OCTOElER 1950, AS THE COMMISSION DATED 3 APRSL 1956. ORDER OF APP OVAL WHERE24S + The Raotenay River is a river flow ng across the boundary between the United States and Canada withi the meaning of Art@e$-. IV .; of the Boundaky Waters Treaty of 41 January 1909; An area of lands subject to flood ing, known as the Duck Lake area, is situated between the int 1rnational boundary and Kootenay Lake, near Sirdar, in the of British Columbia and adjacent to the Xootenay its East Branch; d I I By an Order dated 12 October 1954 the Internatioml Joint Commission approved, subject to bonditions set forth tbFrein,*. .: an application by Company Limited fur .the approval of 3,200 acres of the aouthern to store water in and winter .- release; The Dwk Lake Dyking District is an Improvement District f . ".x + incorporated under the Water A#t of the.Province of Brgtish .. .. :alumbia,, charged with the maintenance of the.dykes in respect In response to z joint a'pplicatilon by ,tile Creston Reclamation 7. Company Limited and the Duck La e Dyking District,, th-~,? , International,Joint Commission n 3 April 1956 issued & Order amending ,the-Commission's Orderi of Approval dated 12 October 1950; By the terms of an Agreement dated 13 February., 1969, the Duck -5 Lake Dyking District conveyed tg Her Majesty the Queen&Zk <he right of the Province of British Columbia the dykes separating ~uckLake from the East Branch of the Koatenay River and from the reclaimed lands referred t'o in the Order of .12 October 1950, together with,pumping inszallations, and also assigned to th& said Province its Conditional Water Licence No. 29212; and the Province assumed full responsibility €or the r' maintenance and operation of Srch dykes and pumping installations; 9- '$. .,-3 The Cxeston Valley Wildlife Management Authority, established in 1968 by an Act of the British Columbia Legislature, has made an application which was received by the Commission on 24 June 1969 for approval of ccnstruction of a dyke, and appurtenant works, to divide D~ckLake into two areas (a water fowl nesting 'area of app:roximately 850 acres and a flood control resemoir of approximately 3150 acres) add". - .. 1.- . for an Order further amending ,:he Commission's Order o€ Approval dated 12 October 1950 a5 amended by the Commissionl.s Order of Approval dated 3 April 1956; 3 Notice of receipt of the Application and of a public hearirq t..x. to be held on 12 August 1969 was published in 'accordan& .- with the Rules of Procedure of the: Commission but at the xequest of the Applicant the Commission postponed the hearing; 1970, at which all persons interested were given convenient At the hearing the Kootenai Valley Reclama~ion,hssociation, Bonners Ferry, Idaho, opposkd Commission approval of the I Application if it would 'resul&in an increase in elevation Commission approval of the was not opposed by any other persons or appeared at the public hearing or who 'to the Co&ission; International Boundary, compdred with levels attributable to 1 the 9uck Lake project as approved by the Order of ApproVal of 12 October 1950; I ..h 14 I WHEFtEAS the designation "Water Branch, Department of .Northern Affairs and Nationa has been changed >.... ... to "Water Survey of Canada, Dep of Energy, Mines- and * ResourCeS'l-, since the. Order of of 3 April 1956 was adopted. 'I NOW THEREFOW,.. THIS ISSION ORDERS AND DIRECTS r that: 1. Construction, .maintenance md operation by The Cgston -2 *,.. -. ". Valley Wildlife Maaagemen Authority of a dyke. in Duck 1 Lake commencing at a poin near latitude 49'13 , I longitude 116'38 , on the Vest shore of Duck Lake .to a point near the mouth of D zk Creek approximately 1000 I feet Southwest of latitud 49*13', longitude 116O36 - and thence South to join he existing cross dyke formerly owned by the DUC Lake Dyking District, complete 4 d with control pump and re- irculation works, as described the same axe hereby aGproved, in the Application, be an z. ...- *.. subject to the following onditions : (a) The said dyke shall h ve a crest elevation of. (b) The pump Installed in the said dyke shall have ',a capacity of not less han 11,200 United States gallons per minute an shall 'discharge in either as required through a 42 inch diameter direction 5 -). pipe with invert at e evation 1740 ;O. The re-circulation works installed in the said dyke -. .i: near its West end shall -€.me a pipe of not less than *. 42 inches .in diameter, w:,th an invert eLevation of 1740.5. i .. Two additional. pumps shall be installed at the Norr k end of Duck Lake, adjacent to the two existing pumps formerly owned by the Duck Lake Dyking District, each 7: -*x "> having a capacity of not; less than 30,000 Un&d States gallons-per rninwce and discharging through a 36 inch diameter pipe with an invert elevation of I l750.0. During construction of the said dyke, the water level of Duck Lake may be rei.uced to elevation'l742 .O or lower to permit construction under dry conditions, .! .! I Construction or' the -bo.t-ksapproved herein shall commence and be substantially completed in 1970..:. .s: Upon completion of 'codstruction, the .water exhvation of the portion of Duc Lake south of the said dyke, hereinafter called th nesting area, shall be raised to elevation 1744 subject ta condition (9) herein, shall be maini; ained at that elevation all year round. .If required in order undesirabh plant growth, the nesting completely pdped.'I .?'..% ' Y. 1 '7.: be allowed to remain dl y during the months of " September to January il c-lusive . ....*. (i) Upon completion of con: truction. of the said dike, the discharge control 1 arks at the outlet of Duck ' ,Lake shall be operated in accordance with the Order of Approval issul d by this Commission on 12 October 1950, as am1 nded by the Order of 5- Approval issued on 3 A] ril 1956 and as furtheg ;? amended by this Oxder, 2. The Order of Approval issu by this Commission on 12 October 1950, as amende by the Order of Approval issued 3 April 1956, be7 and the on same is hereby further amended as follows: (a) Condition nunthered 6 tP,ereof is amended to read: I I The Applicant shall $Aace a staff gauge in Duck Lake in the vicinity df the outlet structurejn .;: : a .r.. position and of a natc.re satisfactory to the-':: Water' Survey of Canad&, Department of Energy, Mines and Resources, and the Applicant ox -its successor shall rna1nte.i.n said gauge to -the satisfaction of said Water Survey and shall. provide aaid Water Survey witk. weekly records of Duck Lake -elevations thexef xom at such intexvals as the" c- requirements of the International Kootenay. Like.- Board of Control may, dictate from time to time; provided, that when the International Kootenay Lake 'i "2 I' instructions thus issu by the said Board! .. {b) Condition numbered' 7 th amended to read: 1":+. &.-~ 4 In years of low local lpring supply to'Duck &ke and when the level of the hortherly portion of that Lake is not raised thereby 1to elevation 1745,O or is not maintained at or abovd that elevation during the period- when Xootenay dake is discharging its flood waters, the Applicant or its successor shall, while Kootenay Lake is apprhaching elevation 1745.0 on its d falling stage, open tpe gates in the DUC~.~ake' outlet structure Duck Lake to:r. rise :r 1 * 7. to and thereafter the gates may be closed til commencement of the storage drawdawa period on o about January 7 of-the ' following year, 3. All conditions imposed in the said Order of Approval, dated 12 October 1950, as amended by the said Order of Arjproval dated 3 April Creston Reclamation ny Limited or its successor apply jointly to the ton Valley Wildlife Management . c. 8 Authority, the Duck Lake Dy king District and the Creston Reclamation Company Limitel f2,.. ”.’ 4. This approval will terminat e sixty (60) days after the Applicant’s receipt of thi: Order unless within that he the Applicant informs the -4 :ommission in writing that .it -1I accepts a11 of the’conditi 111s set forth herein. 5. The Commission retains.jur sdiction over the subjatf.5 matter of. this Application1 and, after giving such$notice. ’ -;x ’ and opportunity to all int:pest& parties to make’ representations as the Con rn: ission deems appropriate, may make further order or ordt r:s relating thereto as may be necessary in the judgment 0 f the Commission. Signed this 31st day4 0f March, 1970. i 1 c .
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