BFUTISH Ministry of Environment, Lands and Parks COLUMBIA FIR: T NATIONS WATER RIGHTS in BRITISH COLUMBIA

7 A Historical Summary of the rigkfs of fke S kidega fe Firs f Na fion

Management and Standards Branch Copy

NOT TO BE REMOVED FROM THE OFFICE

WATER BC our vital resource BFUTISH Ministry of Environment, Lands and Parks COLUMBIA FIR: T NATIONS WATER RIGHTS IN BRITISH COLUMBIA:

A Historical Summa y of the rights of the S kidegate First Nation

Research and writing by: Gary W. Robinson Daniela Mogus

Edit by: Miranda Griffith Diana Jolly

Review by: Gary W. Robinson

Prepared for publication: December, 1999 Canadian Cataloguing in Publication Data Robinson, Gary W. First Nations water rights in British Columbia. A historical summary of the rights of the Skidegate First Nation

ISBN 0-7726-4133-1

1. Water rights - British Columbia - Skidegate Indian Reserve No. 1. 2. Haida Indians - British Columbia - Skidegate Inlet Region - Government relations. I. Mogus, Daniela. 11. Griffith, Miranda. 111. Jolly, Diana. IV. British Columbia. Water Management Branch. V. Title. VI. Title: Historical summary of the rights of the Skidegate First Nation.

KEB529.5.W3R625 2000 346.71104'32 COO-9 60040-X KF8210.W38R625 2000 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...... 2

SKIDEGATE No. 1 Slarkedus Creek History ...... 2 Current Status...... 4 Notes ...... 5

OTHER INFORMATION...... 5

ATTACHMENTS UNDER THE FOLLOWING INDEX TABS:

TAB NO.

1. TABLE: Summary of Water Records for the Skidegate Band.

2. LICENCES AND PLATS Conditional Water Licences 4087,41154,41155 and 72059. Final Water Licence 9985.

3. STREAM REGISTER REPORTS Slarkedus Creek

4. COPY OF THE DATA SUMMARY OF GROUNDWATER RECORDS IN THE SKIDEGATE RESERVES AREA.

5. WATER RECORDS FOR THE SKIDEGATE BAND FOUND IN THE SCHEDULE OF INDIAN RESERVES IN THE DOMINION, 1913

6. MAPS: 1) Skidegate Reserves and area i) Skidegate Reserve No. 1 FIRST NATIQNS WATER RIGHTS REPORT

BAND: Skidegate

ADDRESS: PO Box 1301, Skidegate, Haida Gwaii, BC, VOT 1%

CHIEF: Paul Pearson

PHONE: 559-4496 FAX: 559-8247

AFFILIATIONS: Council of the Haida Nation North Coast Tribal Council

LOCATION:

The Skidegate Band occupies eleven separate reserves located on the southern portion of Graham Island and on the northern portion of Moresby Island. These reserves are:

Blake Slate No. 11 Cumshewas No. 7 Deena No. 3 Kaste No. 6 Khrana No. 4 Lagins No. 5 New Clew No. 10 Skaigha No. 2 Skedance No. 8 Skidegate No. 1 Tanoo No. 9

The most recent population figures compiled by the Ministry of Finance show the Skidegate Band to have a population of 481 persons living on reserve as registered members. Its total population, including registered and non-registered members living on reserve, on crown land and off reserve is 1,084.

The only reserve with a record of water allocations is Skidegate 1. Skidegate 1 is a 334.3 hectare reserve located on the southeast shore of Graham Island along Skidegate Inlet.

Located within the Queen Charlotte Islands, the 11 reserves comprising the Skidegate First Nation sit at elevations ranging from sea level to 1000 feet above mean sea level. The climate in the area experiences average daily temperatures of -5 degrees centigrade in January to up to 16 degrees centigrade in July. Average annual rainfall for the area totals between 100 and 250 centimetres.

Water courses of significance include:

Skidegate First Nation Water Rights Report 2

Slarkedus Creek: flows northeast through the northern portion of Skidegate No. 1.

WATER ALLOCATIONS:

No record of water allocations made by either the Indian Reserve Commission, the Lieutenant Governor in Council (by Order in Council), or by the Board of Investigation (by Order) have been encountered with respect to the Skidegate Band.

Water rights of the Skidegate Band have been recorded or affected by two actions of government over the years:

1) The granting of water licences in response to Federal Government applications for the use of water on reserves.

2) Actions to amend rights existing under licence, pursuant to provisions in the Water Act.

HISTORY, CURRENT STATUS AND NOTES:

The history of water rights, the current status of rights and pertinent notes for the Skidegate Band with respect to Slarkedus Creek are as follows:

SKIDEGATE #I

Slarkedus Creek

History

Jun 12, 1919 The Comptroller of Water Rights issued Conditional Water Licence 4087 to Thomas Deasy, as agent for Skidegate Reserve No. 1. This licence was given a date of precedence of December 6, 1913 and authorized the diversion of 10,000 gallons of water per day from Slarkedus Creek for domestic purposes on Skidegate Reserve No. 1.

May 20,1937 The Comptroller of Water Rights issued Final Water Licence 9985 to the Superintendent-General of Indian Affairs in substitution of 4087. This licence was given a date of precedence of December 6, 1913 and authorized the diversion of 10,000 gallons of water per day from Slarkedus Creek for domestic

Skidegate First Nation Water Rights Report 3

purposes on Skidegate Reserve No. 1.

Aug 1, 1973 The Comptroller of Water Rights issued Conditional Water Licences 41154 and 41155 to the Superintendent General of Indian Affairs from their application.

i) Conditional Water Licence 41154 was given a date of precedence of July 25, 1972 and authorized the diversion of 40,000 gallons of water per day from Slarkedus Creek for waterworks purposes on Skidegate Reserve No. 1, Graham Island, Queen Charlotte District.

Indian Affairs originally applied for 50,000 gallons per day for domestic purpose; however, the engineer’s report for Conditional Water Licence 41154 indicated that the intention of the application was to increase the total licensed quantity on Slarkedus Creek to 50,000 gallons per day. Since Final Water Licence 9985 already authorized 10,000 gallons a day from Slarkedus Creek only 40,000 gallons a day was authorized under Conditional Water Licence 41154.

ii) Conditional Water Licence 41155 was given a date of precedence of July 25, 1972 and authorized the storage of 20 acre feet of water in a reservoir on Slarkedus Creek in support of Conditional Water Licence 41154.

Jull2,1990 The Regional Water Manager issued Conditional Water Licence 72059 to the Skidegate Band and the Department of Indian Affairs from their application. This licence was given a date of precedence of March 15, 1990 and authorized the diversion of 60,000 gallons of water per day from Slarkedus Creek for waterworks purpose and the storage of 81.0 acre feet of water in a reservoir on Slarkedus Creek. This licence was made appurtenant to Skidegate Reserve No. 1, Queen Charlotte District.

The Skidegate Band had applied for the right to divert 110,000 gallons per day from Slarkedus Creek; however, the Engineer’s Report for Conditional Water Licence 72059 indicated that the Band wanted their present licences to be increased to 110,000 gallons per day. Final Water Licence 9985 authorizes the use of

Skidegate First Nation Water Rights Report 4

10,000 gallons per day and Conditional Water Licence 41154 authorizes the use of 40,000 gallons per day. Therefore, it was recommended that Conditional Water Licence be issued for 60,000 gallons a day to make the total quantity of water licensed to the Skidegate Band 110,000 gallons a day.

Current Status:

There are currently four licences on Slarkedus Creek, all in the name of the Skidegate Band.

There is no recent information on the files with respect to the exercise of rights under these licences.

There is evidence that the licensing on Slarkedus Creek may be affecting the fish habitat. In a letter dated May 11, 1990, from Fisheries and Oceans to the Smithers Office, Fisheries and Oceans noted their concern with the issuance of Conditional Water Licence 72059. "Further storage and withdrawal would in all likelihood result in a dramatic reduction in available habitat for rearing coho fry and it is anticipated that this population would sufier accordingly. However, although contrary to our fisheries habitat protection policy, it is difficult to object to this application based on the expressed shortage of water to Skidegate Village".

The dam associated with the licences on Slarkedus Creek was inspected on May 7, 1993. The inspection indicated that the dam spillway may be inadequate to safely pass an extreme flood event.

Water Survey of Canada has no records of streamflow on Slarkedus Creek and there is no other current information on water availability.

Skidegate First Nation Water Rights Report 5

Under current licensing practices, as evidenced by the issue of Conditional Water Licences 41154 and 72059, the purpose for which water is used under Final Water Licence 9985 should be waterworks. The Comptroller of Water Rights or the Regional Water Manager may wish to amend this licence accordingly.

As indicated by the letter from Fisheries and Oceans, dated May 11, 1990, the supply of water to Skidegate Village may present a conflict with protection of the fishery resource.

The dam on Slarkedus Creek may need renovation to handle peak flows. A failure of the dam could have a negative impact on fishery habitat and could present a threat to life and property.

The existence of rights authorizing the diversion of water from Slarkedus Creek for waterworks purposes should qualify the Slarkedus Creek drainage system for designation as a Community Watershed under the provisions of the Forest Practices Code.

OTHER INFORMATION:

Additional Water Records:

The Schedule of Indian Reserves in the Dominion, 1923, is a document published by the federal government, recording each Band’s water allocations up to 1913. We believe these records are a compilation of Minute of Decisions, Order-in-Councils, and perhaps other documents; however, as original copies of these documents are unavailable, the dates and information cannot be verified.

Allocations in the Schedule of Indian Reserves in the Dominion for the benefit of the Skidegate Band which are inconsistent with our findings are:

Reserve Water Allocation

All reserves The Skidegate Indians have the privilege of fishing in the Deena river for a distance of one mile above

Skidegate First Nation Water Rights Report 6

tidal water. All reserves The Skidegate Indians have the privilege of fishing in the Kaste river for a distance of one mile above tidal water.

Groundwater Records:

Review of records of the Groundwater Section finds evidence of two wells on the Skidegate Reserve No. 1. One well yields 20 gallons of water per minute. Further details are attached to this report. The extent to which these wells are utilized at this time is unknown and as provision of this information is voluntary, it cannot be assumed to be complete.

Municipal Water Records:

At this time the potential for water supply from a municipality is limited as there are no municipal water systems in the proximity of the Skidegate Reserves.

Skidegate First Nation Water Rights Report ATTACHMENT I Q5 fDE %? 1 C E

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2c ATTACHMENT 2 ...... -.

PROVINCE OF BRITISH COLUMBIA. WATER RIGHTS BRANCH. rl

CONDITIONAL WATER LICENCE. ..

For ...... DOME3 1 IO ...... ,...purpose.

Appurtenant ta .sk.rao&ate .. lna.1an.Rese e...o...... I ...... Thomas Deney, as cent for the Indims located on tho. llERlFA S ..Skl8ega%s.... XTld.ida..~es~.~ae...o,.... 1......

for a Iicciice to take and u.w natcr in tbc mznncr hcrcinxftcr set out, and has tdcn all the steps rquird of such applicant undcr the “Katcr Act, 1911,” prior to tlic issuc of this lirciicc, and is, undcr the said Act, mtitlcd thereto: Xon; tbcrcfnrc, in pumancc of the said Act, this conditional liccncc is is.wcd, granting the liccnsce hcrcundcr tlic riglit to take and. usc water nndcr thc following tcrnis and conditions:- .. .. TI~Cmircc of thc water-snpply is :..sl,[email protected]...... i. .. a trilnitnq of Skldepte InleP I. The pint of dircnion from thc strcam is loenled ns shown in UIC cxhibit marked “A?’ licrclo attaclicd, which is inccrporatcd hcrcn-iUi and inadc x part hcrcof.

Tlic dnlc from which this liccncc and tlic right to tnkc and IISC watcr tlicrcundcr din11

take prccdcncc js ...... 6th Deaembor,...... 1913

TI~Cwater is to bc us+ ?~r,..TD.O~e.~.%.i.~...... , ...... i“t’.i.....;.....; .~... purpo,sc and incidcntally for ...... _---____--_----_L--______I purpose. Tlic maximum qoantitg of rater which mybo uscd at ilic placc of use is:- ,. For ...... DODCS~~O...... purposc ...... 10 3 ..,..I 000...... , .. gallons ., ...... per~ ._... bay...... For ...... --.-..------.-- ~urposc...... --.-----.------ana an additional .mount may be dircrtcd to provide against ramonable loss by EIX~~~C and cvnpontion in conrcyance from the point of d,ircrsion to the place of UEC. . Tlie pcriod of the -mr during abich the aatcr mybc nscd is [email protected].~......

The area and description of the lands or mincs upon which fhc n-alcr may be uscd, arc ...... Skiaegate Indim Beserve Eo. 1...... 2iljjZrseded: ...... /c: ...-. 97 Bci! ...... Flnal Licenc.. ..i ...... I...... -- ...... - nkch arca and description 32e more particularly shown in the said exhibit “ A?‘ Tlic works nhich are rquircd to k CO~IS~TIIC~C~consist of all thc WWLS wt out in tlic exhibit markcd ‘‘ B ” hcrcto attached, which is hcorporntcd 1icrcn.ith and mde a part hereof.

.. Copy for CornptrolIer . -...... I ...... '..

...... j...... :.!fi: (i.) Thc construction of the sdd, works shal~bc comincnccd on or before the ...a~X~.~.~...C.Ont~OC....:::.' e&g ...:I.... , ...... , ' '.,: dav of ...... _...... -..., 131...... , and ~liallbe prosccutd with due diligence I :;..;. and in a workmanlike mauncr and to lhc satisfaction of the Comptrollcr of Water Rights. ..

(j.) The said, construction shall. bc completed and the water beneficially used for the pUrpOs 1I ".. ?.: ...... _.. set out in this liccncc on or before the ...... :...... dv ...... _.: of 131...... _. .. (k.) ...... _.___...... ,......

......

...... A ......

......

...... (2.) lkrm any clinngc is mndc iu LL~said \vorks which \\-auld bc x iuatcrinl dcrinliou from tlic plans GS npprorcd or thc works as ncrrptcd by tlic Ckiiiptrolkr, plnns of such proposcd cliangc must be filed with thc Comptroller nnd approrcd 11- hiin.

(m.) This liccncc shnll not in any wa- bc dcciiiccl. to be n fiiial lircnce for lhc lice of water, but sliall have ibe clTect only of a conditiond liccocc issued iindcr Pnrt 1'. of tlic " Wafer Act, 1914,7 and shall be mbjcct to all thc provieions of said Act, including tlie filing of proof of Ilic coinplction of tlic said rorks and tlic pitting of llie walcr to auch bciicficint UH? within tlic lime liwitcct by the prorisions of scction 117 of tlic said Act.

Jrsucd this ...... belfth __ daj of ...... me...... 1319~ ...... i , ..:; ...... '......

Llccncc h'oiubcr .-_4.._...... _.__.... 0 s '7 I

...... I,...... I..'..;. ;...... : ; ...... : , :. .'. , ...... :...... I. ...:. ..; '.. ::.., ...... ! ...... i, y.>: '

DEPARTMENT OF RIGHTS BRANCH. 1 LANDS. I

EXHIBIT " B." (APPROVAL OF PLANS AND LIST OF WORKS TO BE CONSTRUCTED.)

The works which are nccepted as neceassry and suitable for the taking and (or) using of the water under the above-mentioned licence, dnd which are morc fully set out in tho plnns nnd spccificntions filed in the officeof the Co~nptrollerof Wnter Righk numbererl1345.~... A ....

...... _I...... "."-- ...... _...... as altered, nmendcd, or limited h? supplemen+l plans and Ppecificntions numbered.

... "..._.__..... "...... _."-...._....__ ...... " " -...... or in letters or otlicr documcnk rclcrred to as ......

_ ...... "...... ______...... " "

...... ".. which plans and specificnhiis zs tlius altered, nmended. or liliiitcd nre liereby npproved, nrc as loll@w~:- .Dlyoraion...dnm...~Q...r"t..--loq.,....~-fh .... high

"...... - ...._._.. _

...... "...... -....

-..-..-.--..a -..-..-.--..a I._."...... -...... - ......

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...... _ .... , .:::...... :. '. ' ...... _.._...... :...... : ..

TO accompany..@-dirnmI&sz NO.. CQOBZ , ...... Precinct. Pl3.lX C.15 RU .VEIRT I\?/ATE R DISTRICT.

Scale, 400Feetto 1 Inch.

LL 0 T3. e.1. ..

Ihfc * /..nJ,ne . N9...... , .

...... ,...... I>EPARTLtENT OF IANDS. FORESTS. WATER KlGllTS BUNCH ANI) WA7T.R RESOUKCW

I J I J

3 THE PROVINCE OF BRITISH COLUMBIA-WATER ACT CONDITIONAL WATER LICENCE

Supcrintcndent General of Indian Affairs (Xorth Coast District) of 0t t awa , Ontario

is/are hereby authorized IO divert and usc water as follows:-

(a) The sourcc(s) of the aatcr-supply is/are Slarlccdus Crcck.

(b) Thc point(s) of divcrsion is/arc locatcd as shown on thc attachcd plan.

(d) The purpose for which the watcr is lo be used is watcnJorkS .

(e) The maximum quantity of water which may be divcrtcd is so,@@O gallons a day,

and such additional quantity as the EnE;nccr may irom itne to iime bclcrnitnc Shou\lbhc a\ira.crcb 5tn 'm3.r~.

(I) Thc pcriod of thc scar during which thc U'3tCr may bc used is thc WhOlC scar.

(8) The land upon which thc water is to bc uscd and to uhich this liccncc is appurtcnant is Slridcgate Indian ;:cscrye $1, Graham Island, Quccii Cliarlottc District.

(11) Thc works authorizcd to bc constructcd are diversion structurc and pipc,

which ~..dbe locatcd approximatcly'as shown on the attac. :d plan.

(i) The construction of the said works 1:as been conlmcnced, and shall be cor;1plctcd and thc watcr Scneficiallp used on 01- bcforc the 31st day of Dcccmbcr, 1975.

Cortipfrollcr 01 Watcr Righis.

File No. 0310610 Date issucd: 1 August 1373 Conditionitl Liccncc No. 41154

0 ENTERiD ON Map No. .J.0.2&h-k=7- . r--"D,. C'2 0 cfc : ...... -, . . :...... , ...... I. t:....-..: .:*., r ...... I . - (. .' ...... - ......

.... - ,I---.- PRINCE RUPERT WATER DISTRICT \ Rmr QUEEN CHARLOTTE DISTRICT

Scale: 500 Fect to I Inch

I.R. No. I '\ \

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Kev Plan Scale:40chains to I inch LE LGEND . Poi nr of Dircrsion Ref: Map 103F/SE: Pip --- I QUEEN C~~II(ZLDTTE c-s!xxnlc~ The boundaria ot the land to which this licence is appurtenant are shown thu~: pt. 1973 D&"" ...... -...... _.A99: .-I--." ...... CT, 4 I I54 Filc0310610

,eo.., ...... %br Storage See C.L. 41 I55

.. WATER RlGIiTS BRANCH ANI) U'AlLU XuOUWc~

?HE PROVINCE OF BRlTlSH COLUMBIA-WATER ACT CONDITIONAL WATER LICENCE

Supcrintciidciit Gcncral of Indian Affairs (~orthCoast 3istrict) of OTTJiV:A, Ont ario

is/arc hcrcby auihorizcd to store watcr as follows:-

(a) Thc soutcc(s) of the water-supply is/are Slarkcdus Creck and thc rcservoir is the creclc.

(b) The point(s) of storage is/arc locatcd as shown on the attached plan.

(d) nepurpose for which the uatcr is io be used is as set out i:i Conditional Vatcr Liccnce No. 41154.

(e) Thc maximum quan:ity of water which may be storcd is 20 acre fcct pr annum,

and such additional quantity as the Enginecr may from time to timc dctcrminc should bc allowcd for loszcs.

(1) Thc period of thc >cx during which thc watcr may bc S tored is thc v:holc year. .a

. .. .. -.. (g) The land upon uhich rhc wtcr is to bc uscd and to uhich this liccncc is appurtenant is os sct out in Conditional Yatcr Liccnce t;o. 41154.

Thc works authorizcd IO hc construcrcd are dam and rcsci-voir,

which shall be locatcd approximatcly'as shown on the attachcd plan.

?hc construction of the said works has bcen commenced, and shall be completed and thc water beneficially uscd on or before the 31st day of Ccccmter, 13i5.

Contptroller 01 IValcr Rights.

File No. 0310610 Datc iuucd: 1 Arrps t 1973 Condiiionsl Liccnce No. 41155 .

0 .....

PRINCE RUPERT WATER DISTRICT QUEEN CHARLOTTE-.. DlSTRlCT ..

ScaIe:40 Chains IO 1 Inch

LEGEND Dam ’ ’. -. e Ref Map 103 F/SE(D7)

I. :,-;..,: ...... ?,, i?’.’.:: ...... DdC -...... 1st. A.!%.--”” 1973...... ”.”.”.* -: . CL41155 File IO6 .. 03 IO For Diversion See C.L. 41 154 WATER MANAGEMENT MINISTRY OF BRANCII ENVIRONMENT

THE PROVINCE OF BRlTlSH COLUMBIA-WATER ACT CONDITIONAL WATER LICENCE

Skidegate Indian Band and the Department of Indian Affairs (986-670-7690) of Box 669, Queen Charlotte City, B.C., VOX IS0

is hereby authorized to divert, use and store water as follows:

(a) The stream on which the rights are granted is Slarkedus Creek and the reservoir is on the creek.

(b) The point of diversion and storage are located as shown on the attached plan.

(d) The purposes for which this licence are issued is watenorks and storage.

(e) The maximum quantity of water wSich may be diverted for waterworks purpose is 60,000 gallons a dey and the maximum quantity of water which may be held in storage is 81.0 acre feet.

(f) The period of the year during which the water may be used and stored is the whole year.

(9) 'Ihe land upon which the water is to be used and to which this licence is appurtenant is Skidegate I.R. So. 1, Queen Charlotte District.

fh) The works authorized are dams, reservoir, pipeline, tank and water treatment plant, which shall be located approximately as shown on the attached plan.

(i) The construction of the said vorks shall be completed and the water beneficially used prior to the 31st day of December, 1992. Thereafter, the licensee shall continue to make a regular beneficial use of water in the manner authorized herein.

(j) The dams authorized under clause (h) hereof shall be constructed and maintained to the satisfaction of an Engineer under the Water Act.

W.H. Dreher, P. Eng. Regional Water Hanager Skeena Region

File No. 6000588 Date issued: July 12, 1990 Conditional Licence 72059 PROVINCE OF MINISTRY OF .--..=) BRITISH COLUMBIA ENVIRONMENT

PKRHIT mmz TEE WATKR am AUTEORIXIHG TBE

OCCUPATIOl OF CROn WLM)

The holder of Conditional Water Licence 72059, being Skidegate Indian Band and Indian and Northern Affairs Canada (986-670-7690) at the date of issue of the said licence, whose licence authorizes the diversion and storage of water from Slarkedus Creek, is hereby authorized to occupy Crown Land by flooding constructing, maintaining and operating thereon the works authorized under the said licence and any licence which may be issued in substitution thereof. The Crown land which is authorized to be occupied under this permit is a portion of District Lot 2802 and District Lot 2801, Queen Charlotte District, the location of which is shown approximately on the amended plan attached to the said water licence. The approximate dimensions of the Crown Land authorized to be occupied under this permit are:

reservoir - 19.8 acres darn site - 1.0 acres access road - 1.9 acres The permittee nay cut and remove from the said Crown Land z?y timber necessaryto permit construction and maintenance of the said works (and clearing of the said lands which may be flooded). Prior to the cuttinq, destruction or flooding of any timber, the permittee shall apply for and obtain a licence to cut tinber from the District Manager and the anount of stunpage, royalty and (or) compensation payable to the Crom in respect of trees, including merchantable or young groh-th, cut, removed, damaged, or destroyed ._ by the permittee, shall be the sum or sums fixed by the Forest Service of the Province of British Columbia. This permit is appurtenant to the land, mine or undertaking to which the aforesaid water licence is appurtenant. This permit shall become void if the water licence with respect to which the pernit is issued should terminate, be abandoned or cancelled, or anended so as to render this permit unnecessary. This permit is issued and accepted on the understanding that the permittee shall indemnify and save harmless the Government of the Province of British Columbia for all loss, damage to works, cost or expense suffered by the permittee by reason of the Crown Land or any portion thereof being submerged or damaged by erosion or otherwise affected by flooding. The holder of this permit shall not be entitled to compensation if the Crown grants permits to other persons to occupy the land affected by this permit. In the. event of a dispute at any time with respect to the area or boundaries of the land 'affected by this permit, the holder shall, at his own expense, have the said land surveyed by a duly qualified surveyor. This permit replaces Pernit No. tf3*&W.H. Dreher. P. Ens. Regional Water Manager duly authorized representative of the Minister of Environment

File No. 6000588 Date issued: Nov 2 5 1991' Permit No. 20108 Province of British Columbia

L. 2114 L. 2113 L. 2799 ...

L. 2802 L. 2801 I I.R. I 1 SKID EGATE~ Rooney .. 8 OY 3 ....

SKIDEGATE

INLET

ImagePt. Pi. i

WATER DISTRICT : PRINCE RUPERT PRECINCT : QUEEN CHARLOTTE LAND DISTRICT : QUEEN CHARLOTTE Sipnature rj!! ;2 won LEGEND Date __...... ~ ...... _._ Scale : 1:2!xQo C.L. 72059 Point of Diversion :o File 6000588 Map Number : W R 103f*SE(5.d) P.C.L / 17153 Pipe : --- Permit over Crown Land:

The boundaries of the land to which this licence is appurtenant are shown thus: W.KU. 'r .-aa6was ..

r--BRI??,q-L-vE;rl COLWBU WATER RIGHTS BRANCH. i.1

FINAL WATER LICENCE. L The Superintendent-General of Indian Affair3 of Ottawa, Canada, is hereby authorized to divert and use water as follows :-

(a.) The source of the water-supply is Slakedm om&

a tributary of Skidegate inlet.

(b.) The point of diversion from the stream is located as shown in the Exhibit marked " A " hereto attached.

(c.) The date from which this licence cFi11 haw precedence is 6th December, 1919,

(d.) The purpose for which the water is to be used is domestic.

(e.) The maximum quantity of water nhich may be diverted from the stream is 10,000 gallons a day.

(f.) The period of the rear during which the water may be used is the yew.

(9.) The land upon which the water map be used is Sudegate &dim R~~~~~~ fi.1

as shown in the said Eshibit I' A," !

(h.) The works for the diversion and :he carrisge of the water consist of diversion dm end pipee,

! (i.) This licence is issued in substitution of Conditional Water Licence No. 4087, I ..

.. .

.. . ..

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.. .. 8 .. ' .:...... To accompany... finol..Licence No.3SS ...... _..

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.- ATTACHMENT 6 Skidegate Scale 1:500,000 Ministry of Environment, Lands & Parks Date: December 01, 1997 Environment & Lands Division