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FIRST NATIONS WATER RIGHTS IN BRITISH COLUMBIA
A Historicul Summu y of the r&hts o f the Moncetown First Nution
. Management and Standards Branch Copy
NOT TO BE REMOVED FROM THE OFFICE
BRITISH COLUMBIA Ministry of Environment, Lands and Parks
MINISTRY OF ENVIRONMENT, LANDS, AND PARKS WATER MANAGEMENT BRANCH
FIRST NATIONS WATER RIGHTS IN BRITISH COLUMBIA:
A Historical Summa y of the rights of the Moricetown First Nation
Prepared by: Rachel Abrams Christina Rocha
Edited by: Miranda Griffith
Reviewed by: Gary Robinson
March 27,1997
Canadian Cataloguing in Publication Data Abrams, Rachel.
First Nations water rights in British Columbia. A historical summary of the rights of the Moricetown First Nation
ISBN 0-7726-3327-4
1. Water rights - British Columbia - Babine Indian Reserve No. 17. 2. Water rights - British Columbia - Bulkley River Indian Reserve No. 19. 3. Water rights - British Columbia - Coryatsaqua Indian Reserve No. 2. 4 . Water rights - British Columbia - Moricetown Indian Reserve No. 1. I. Rocha, Christina. 11. Griffith, Miranda. 111. Robinson, G. (Gary), 1949- . IV. BC Environment. Water Management Branch. V. Title. VI. Title: Historical summary of the rights of the Moricetown First Nation.
KEB529.5.W3A27 1997 346.71104’32 C97-960224-6 KF8210 .W38A27 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 Julie Steinhauer Kelly Babcock Daniella Mops Miranda Griffith
Christina Rocha Rachel Abrams Elizabeth Lee Sara Cheevers
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
Corya Creek History .................................................................................................................... 3 Current Status ....................................................................................................... 4 Notes ’. ............. 4 .........................................................................................................
John Brown Creek History .................................................................................................................... 5 Current Status ........................................................................................................ Notes ....................................................................................................................... 6
OTHER INFORMATION. ......................................................................................................... .6
ATTACHMENTS UNDER THE FOLLOWING INDEX TABS:
TAB NO.
1.
2.
3.
4.
5.
6.
7.
8.
TABLE: Summary of Water Records for the Moricetown Band
RECORD OF OIC No. 372 AS GAZETTE NOTICE RE: CORYA AND JOHN BROWN CREEKS
LICENCES and PLATS (Conditional Licences 31777,55359 and 101226)
PERMIT UNDER THE WATER ACT AUTHORIZING THE OCCUPATION OF CROWN LAND (Permit No. 12782,20226 and 20199)
STREAM REGISTER REPORTS (Corya and John Brown Creek)
WATER SURVEY OF CANADA RECORDS (John Brown Creek)
GROUNDWATER DATA SUMMARY
MAP: Moricetown Reserves and area
FIRST NATIONS WATER RIGHTS REPORT
BAND: Moricetown
ADDRESS: R. R.1, Box 1, Site 15, Moricetown, B. C., VOJ 2N0
CHIEF: Ruby Williams
PHONE: 847-2133 FAX: 847-9291
The Moricetown Band occupy seven reserves located between the Towns of Hazelton and Smithers. The reserves are:
Babine No. 17 Bulkley River No. 19 Jean Baptiste No. 28 Oschawwinna No. 3
Babine No. 18 Coryatsaqua No. 2 Moricetown No. 1
All but Jean Baptiste No. 28 and Oschawwinna No. 3 have records of‘ water allocations associated with them. The locations and sizes of the 4 reserves are as follows:
Babine No. 17 - a 206.3 acres (83.5 hectares) reserve located 12 lun south of Moricetown;
0 Bulklev River No. 19 - 531 acres (214.9 hectares) reserve located 15 km southeast of Moricetown;
0 Corvatsaaua No. 2 - a 320.5 acres (129.7 hectares) reserve surrounding Moricetown; and
0 Moricetown No. 1 - a 1,333.1 acres (539.5 hectares) reserve located 3.5 km southeast of Moricetown.
According to the latest population compiled by the Ministry of Finance, the Moricetown Band has 697 persons living on-reserve as registered and non-registered members. It’s total population, including registered and non-registered members
Moricetown First Nation Water Rights Report
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living on- and off-reserve, is reported as 1,442 peoples.
Located on the Interior Plateau, the Moricetown reserves sri at elevations ranging from 1,200 to 1500 feet above mean sea level. The reserves experience a climate in which average daily temperature range from a low of -10 degrees centigrade in January to a high of less than 16 degrees centigrade in July. Average annual rainfall for the area totals between 100 and 250 centimetres.
Water courses of significance include:
e Corya Creek - enters the Coryatsaqua No. 2 reserve at its southwest border, flows west, passing through the middle of the reserve and then drains into the Bulkley River.
e John Brown Creek - enters the Moricetown No. 1 at it’s southwest border, flows west through the reserve, and drains into the Bulkley River.
WATER ALLOCATIONS:
There are no records of water allocations made by either the Indian Reserve Commission, by Order of the Lieutenant Governor in Council, or by Order of the Board of Investigation, with respect to the Moricetown Band.
The water rights of the Moricetown Band have been determined by two actions of Government over the years:
1. Granting of water licences in response to Federal Government applications requesting authorization for the use of water on reserves.
2. Actions to amend licensed rights, pursuant to provisions in the Water Act.
Moricetown First Nation Water Rights Report
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HISTORY, CURRENT STATUS AND NOTES:
The history of water rights, the current status of water rights and notes for the Moricetown Band with respect to Corya Creek and John Brown Creek are as follows:
Corya Creek
History:
Apr 15,1981
May 12,1988
Jun 2,1992
In accordance with an application filed by the Moricetown Band the Comptroller of Water Rights issued Conditional Water Licence 55359, bearing a date of precedence of September 14,1978, and authorizing the diversion and use of up to 125,000 gallons of water per day for waterworks purposes. The water is authorized for use year round and the appurtenant lands are specified as Lot 4711 Babine Reserve No. 17; Lot 4710 Bulkley River Reserve No. 19; Coryatsaqua Reserve No. 2; and that part of Moricetown Reserve No. 1 situated west of the Bulkley River, all within the Cassiar Land District.
Permit no. 12782 was issued in accompaniment with Conditional Licence 55359. Permit no. 12782 authorizes the occupation of 0.45 acres of unsurveyed Crown land, within the Cassiar District.
In accordance with an application filed by the Moricetown Band for a Change of Works, Conditional Water Licence 55359 was amended to include newly constructed works, specified as a diversion structure, infiltration gallery, pipeline, power line, chlorination plant, and distribution systems.
As a result of the new works, Permit Over Crown Land no. 12782 was amended and replaced by Permit no. 20199 to accommodate the larger area of Crown Land occupation. The revised Permit authorizes the occupation of 1.93 acres of unsurveyed Crown Land.
In accordance with an application filed by the Department of Indian and Northern Affairs Canada, the Comptroller of Water Rights issued Conditional Water Licence 101226 to the
Moricetown First Nation Water Rights Report
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Moricetown Band. The licence bears a date of precedence of May 4, 1988 and authorizes the diversion and use of up to 140,000 gallons of water per day, to be used year round for waterworks purposes. The appurtenant lands are defined as Lot 4711 Babine Reserve No. 17; Lot 4710 Bulkley River Reserve No. 19; Coryatsaqua Reserve No. 2; and that part of Moricetown Reserve No. 1 situated west of the Bulkey River, all within the Cassiar Land District.
Permit Over Crown Land no. 20226 was issued in accompaniment with Conditional Licence 101226, facilitating the occupation of 1.93 acres of unsurveyed Crown land, within the Cassiar District.
Current Status:
Order-in-council No. 372 states that the unrecorded waters of Skeena River and tributaries (including Corya Creek) in the Prince Rupert Water District are reserved for the use of the Crown. However, if certain conditions are met, licences may be granted with the consent of the Minister of Environment, Lands and Parks.
Conditional Water licences 55359 and 101226, held by the Moricetown Band, are the only active licences on Corya Creek, giving them first priority rights on this source.
Water Survey of Canada has no streamflow records for Corya Creek, and there is no other current information on water availability.
Notes:
1. The Moricetown Band’s rights on Corya Creek will be affected if the Crown were to exercise the rights which it has reserved under Order-in-Council No. 372, and grant earlier priority rights downstream on the Skeena River.
2. Conditional Water Licence 101226 is designated for waterworks purpose. As such the Corya Creek drainage area can qualify as a Community Watershed under the Forest Practices Code.
Moricetown First Nation Water Rights Report
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John Brown Creek
Historv:
Jan 16,1967
Jan 7,1981
In accordance with an application filed by the Director of Indian Affairs Branch, Department of Northern Affairs and National Resources, the Comptroller of Water Rights issued Conditional Water Licence 31777, bearing a date of precedence of June 2,1966 and authorizing the diversion and use of up to 20,000 gallons of water per day for waterworks purposes. The licence authorizes water use year round and specifies the appurtenant lands as that part of Moricetown Reserve No. 1, Cassiar District situated west of the Bulkley River, excepting the Northern Trans-Provincial Highway.
In accordance with an application for a transfer of appurtenancy, an Order was issued which amended Conditional Water Licence 31777’s appurtenant land to Lot 4711 Babine Reserve No. 17; Lot 4710 Bulkley River Reserve No. 19; Coryatsaqua Reserve No. 2; and that part of Moricetown Reserve No. 1 situated west of the Bulkey River, all within the Cassiar Land District. In addition, the construction of replacement works including a diversion structure, a tank and a pipe, was authorized.
Current Status:
Order-in-Council No. 372 states that the unrecorded waters of Skeena River and tributaries (including John Brown Creek) in the Prince Rupert Water District are reserved for the use of the Crown. Licences may be granted with the consent of the Minister of Environment, Lands and Parks if the licence will be for the purpose of the reserve. Licences for other purposes may only be granted with the prior consent of the Lieutenant Governor in Council.
Conditional Water Licence 31777 held by the Moricetown Band is the only active licence on John Brown Creek, giving them first priority rights on this source.
Water Survey of Canada records indicate that gauging station No. 08EE006, operated for three years between 1947 and 1949. The low mean monthly flow for this period occurred in March, at 0.284 cubic metres per second (equivalent to 5.324 million gallons a day). Average flows increased in April and a high was recorded in May , at 5.02 cubic metres per second (equivalent to 95.455 million gallons a day). Flows for
Moricetown First Nation Water Rights Report
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the period then tapered off beginning in November.
Notes:
1. The Moricetown Bands rights on John Brown Creek will be affected if the Crown were to exercise the rights which it has reserved under Order-in- Council No. 372, and grant earlier priority rights downstream on the Skeena River.
2. Conditional Water Licence 31777 is designated for waterworks purpose. As such the John Brown Creek drainage area can qualify as a Community Watershed under the Forest Practices Code.
OTHER INFORMATION:
Groundwater Records:
A review of records maintained by the MELP Groundwater Section found one reported well on the Coryatsaqua Reserve No. 2. The well is reported to yield 25 gallons per minute, but the extent to which this well is currently utilized is unknown. Further details are attached to this report.
As provision of information to the Groundwater Section is voluntary, it should not be assumed to be complete.
Moricetown First Nation Water Rights Report
ATTACHMENT I
n
In In TY 0 0 0 a
6
ATTACHMENT 2
ADDRESS ALL COMMUNICATIONS TO: COMPTROLLER OF WATER RIGHTS PARLIAMENT BUILDINGS. VICTORIA. B.C.
in1 GWERNY!Y (r "i awm or BRYP CWIU - -
DEPAPTMENT OF LANDS. FORESTS. AND WATER RESOURCES WATER RESOURCES SERVICE
WATER RIGHTS BRANCH VICTORIA, 6.C.
November 2 3 , 1966.
The Eonourable t h e M n i s t e r o f
Buildings. Lands, F o r e s t s , and 'i'i'ater Resources,
Dear S i r :
Under Order-in-council Eo. 372, dated 16B A p r i l , 1928, t h e unrecorded maters of t h e Skeena River and i t s t r i b u t a r i e s i n t h e Hrince 3upe r t a n d 3'azelton Tlater D i s t r i c t s and t h e Nass S i v e r and i t s t r i b u t a r i e s in t h e Pr ince Rupert Water D i s t r i c t , a r e reser- ved f o r t he u s e of t h e Crown, provided always t h a t , wi th your con- s e n t , a l i c e n c e nay be g ran ted f o r use of t h e water s o reserved.
An a p p l i c a t i o n has been made by t h e Ind ian A f f a i r s Branch f o r a l i c e n c e t o d i v e r t and use water f o r materworks purpose from John Brown Creek which is i n the above reserve .
I a m s a t i s f i e d t h a t t he g r a c t i n g of a l i c e n c e t o t h i s a p p l i c a n t will no t p r e j u d i c e t h e .purpose f o r which t h e above waters are reserved , 2nd I reconzlend t h a t l eave be gran ted f o r t h e i s s u e of a l i c e n c e t o t h e a f o r e s a i d app l i can t .
Yours very t r u l y ,
E, D. Deseck, Comptroller of Xater Rights.
Leave gran ed / P c
-:later Resources.
[ 1966 CENTENARY Or THE UNION Of THE COLONIES OF VANCOUVER !SLAND A N D CPlTlSH COLUMBIA UNDER THE N A M E BEITISH COLUMCIA.
@ 1967 CENTENARY OF W E C O N F t 3 L C A l I O N OF CANACA.
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. . . waters o f Skeena River and t r ;buto t*ks iri'the Prince Rup?r-Z ....
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in the Pririte Rrrper-t LVGtet- D i s t r i c i 'be. reserved . . . .
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with the . consent of the Minjstter af Lorlds, notwithstcddinq . this . . ' I. resewhion be ocquircd under Pnvt 11. of thc"Wotet- Act."
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ATTACHMENT 3
WATER RESOURCES SERVlCE WATER RYGHTS BRANCH I AND WATER RESOURCES
I*.
THE PROVINCE OF BRITISH COLUMBIA-WATER ACT
CONDlTIONAL WATER LICENCE
I I
Direc tor , Indian A f f a i r s Branch, Department of Northern A f f a i r s and Nat ional Resources of Ottawa, Ontar io
is/are hereby authorizcd to d i v e r t and use watcr as follows:- . . I :
(a) ?hc point(s) of divers ion is/arc locatcd as shown on the attachcd plan.
(c) Thc date from which this liccnce shall have prcccdcncc is 2nd June, 1966
( d ) Thc purpose for which the water is to be used is waterworks.
(e) Thc maximum quantity of watcr which may be d i v e r t e d is 20,000 g a l l o n s a day, . . .. . . . ,'
and such additional quantity as thc Engineer may from timc to timc dctcrminc should be allowed for losscs.
(1) Thc pcriod of the year during which the watcr may be used is t h e whole year. -.-
(8) ?he land upon which the watcr is to be used and to which this liccncc is appurtenant is t h a t p a r t of Indian Reserve No.1 (Moricetown), Cass ia r D i s t r i c t l y i n g w e s t of Bulkley River and except Northern Trans-Provincial Highway.
( h ) The works authorizcd 10 bc constructcd arc dam, t a n k and Pipe,
and thcy shall bc locatcd approximately as shown on the attached plan.
(i) Thc construction of the said works h a s been commenced, and s h a l l be completed and t h e water b e n e f i c i a l l y used on or before t h e 3 l s t day of December, 1969.
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H. D. DeBeck, Comptroller oj Water Righfs.
Conditional liccnce No. 3l777 File No. 0269414 Date issued: 16 January 1367
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+,- HAZELTON WATER DISTRICT
CAS SI A R DISTRICT
Sale: I Mi I C 10 1 Inch
LEGEND
The boundaria of the knd to which this lioence is appurtenant are shown thus: - EXHIBIT "A"
IOO.l:C..ID.
Province of Ministry of British Columbia the Environment
WATER RIGHTS BRANCH
O R D E R
W A T E R A C T
Sec t ion 1 6
FILE NO. 0 2 6 9 4 1 4
I n t h e matter of Condi t ional Water Licence 31777, which author- i z e s t h e d ive r s ion of 2 0 , 0 0 0 ga l lons of water a day from John Brown Creek t o be used fo r waterworks purpose on t h a t p a r t of Indian Reserve N o . 1 (Moricetown), Cass i a r D i s t r i c t , l y i n g w e s t of Bulkley River and except Northern Trans-Provincial Highway.
Having received an a p p l i c a t i o n f o r Transfer of Appurtenancy and being s a t i s f i e d t h a t no pe r son ' s r i g h t s w i l l be i n j u r i o u s l y a f f e c t e d , I hereby amend Clauses (9) and (h) of t h e s a i d l i c e n c e t o read as follows:
(9) The land upon which t h e water i s t o be used and t o which t h i s licence i s appurtenant i s Lot 4 7 1 1 , Indian Reserve No. 1 7 "Babine"; Lot 4710 , Ind ian Reserve No. 1 9 "Bulkley River"; Ind ian Reserve N o . 2 "Coryatsaqua"; and t h a t p a r t of Indian Reserve N o . 1 "Moricetown" l y i n g w e s t of t h e Bulkley R i v e r , a l l of Cassiar D i s t r i c t .
(h) The works au thor ized t o be cons t ruc t ed are d i v e r s i o n s t r u c t u r e , tank and p ipe , which s h a l l be loca t ed approximately as shown on t h e a t t ached amended plan.
Dated a t V ic to r i a , B.C. t h i s 7 th day of January, 1981.
Deputy p t r o l l e r of Water Rights.
I WATER MANAGEMENT BRANCH I I MINISTRY OP
ENVlRONMENT I .+
THE PROVINCE OF BRITISH COLUMBIA-WATER ACT
CONDITIONAL WATER LICENCE
Moricetown Band R.R. #1, Box 1, Moricetown, B.C.
is hereby authorized t o divert and use water as follows:
The source of the water-supply i s Corya Creek.
The point of diversion i s located as shown on the attached plan.
The date from which this licence shall have precedence i s 1 4 t h September, 1978.
The purpose for which the water i s t o be used is waterworks.
The maximum quantity of water which may be diverted i s 125,000 gallons a day, and such additional quantity as the Engineer may from time t o time determine should be allowed for losses.
The pe r iod of the year during which the water may be used i s the whole year.
The land upon which the water i s t o be used and to which t h i s licence i s appurtenant i s Lot 4711, I.R. No.17, "Babine"; Lot 4710, I.R. No. 19, "Bulkey River"; I.R. No. 2 , "Coryatsaqua"; and t h a t part o f I.R. No.1, "Moricetown" lying west of the Bulkey River, a l l within Cassiar Distr ic t .
The works authorized t o be constructed are diversion structure and pipe, which shall be located approximately as shown on the attached plan.
The construction of the said works has been completed and the water shall be beneficially used on or before the 31st day of December, 1982.
Fi le No. 0364674 Date issued: 15th April, 1981 Conditional Licence 55359 0
I . R. No. 18
L. 4712, .
(Bobine)
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L.1409 1 'i;
I
Zion e
'Y - a of chc Id to which this li- t arc shown chus:t-,
S3'k4*004 (9060 DO) ---
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S P I Y e... ,a ..........
MINISTRY OF ENVIRONMENT, LANDS AND PARKS
WATER MANAGEMENT BRANCH
+.
PROVINCE OF BRITISH COLUMBIA - WAlER ACT
CONDITIONAL WATER LICENCE Moricetown Indian Band (971-530-06751) of R.R. 51, Box 1, Moricetown, B.C., VOJ 2N0
is hereby authorized to divert and use water as follows:
The stream on which the rights are granted is Corya Creek.
The point of diversion is located as shown on the attached plan.
The date from which this licence shall have precedence is 4th May, 1988.
The purpose for which this licence is issued is waterworks.
The maximum quantity of water which may be diverted is 140,000 gallons a day.
The period of the year during which the water may be used is the whole year.
The land upon which the water is to be used and to which this licence is appurtenant is District Lot 4711, I.R. #17,11Babine11; District Lot 4710, I . R . 819 "Bulkley River"; I.R. #2 I1Coryatsaqua"; and that part of I . R . 51 **Moricetown1I, lying West of the Bulkley River, all within Cassiar District.
The works authorized are diversion structure, infiltration gallery, pipeline, powerline, chlorination plant and distribution system, which shall be located approximately as shown on the attached plan.
The construction of the said works has been completed and the water is being beneficially used. The licensee shall continue to make a regular beneficial use of water in the manner authorized herein.
The rights granted under this licence are subject to a water reserve established by Order in Council No. 372 dated 16th April, 1928.
W.H. Dreher, P. Eng. Regional Water Manager Skeena Region
I
File No: 6000455 Date Issued:3UN 02 EVConditional Licence 101226
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Scale I: 40 000
WATER DISTRICT : HAZELTON PRECINCT : SMITHERS LAND DISTRICT : CASSIAR
LEGEND S c a l e : As Shown P o i n t o f D i v e r s i o n : o M a p N u m b e r : W R 93M.004 P i p e : --- P e r m i t o v e r C r o w n L a n d : e&--
Transmission Line . ----
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?UN 0 2 892 D a t e ............................................................................. C.L. 101226 File 6000455 P . C L 20226
T h e b o u n d a r i e s o f t h e l a n d t o which t h i s l i c e n c e i s a p p u r t e n a n t a r e shown thus:
ATTACHMENT 4
PERMIT UNDER THE WATER ACT AUTHORIZING THE OCCUPATION OF CROWN LAND
mricetawn Band, R.R. #I, Box 1, mricetown, B.C.
the holdeds) of Condit ional lMWater Licence(s) 55359 thc divcrsion of watcr from Corya creek
authorizing
idare hereby
authorized to occupy Crown land by constructing, maintaining. and operating thereon the works authorized under the said watcr liccncc and any liccnccs which may be issucd in substitution thercof.
(a) The Crown land which is authorized to be occupied under this permit is a portion of
unsurveyed land, Cassk District
the location of which is shown approximately on the plan attached to the said water licence.
(b) The approximate dimensions of the Crown land authorized to be occupied under this permit are i . .. '
1300 feet in lengI3-1 and 15 feet in width, having an area of 0.45 acre
(c) Subject to the payment of royalty. stumpage. and other compensation, and the obtaining of a lic- &nce to cut timber as providcd undcr Condition 5. the permittec may cut and remove from the said land any timber, the removal of which is ncccssary to pcrmit construction and maintcnancc of thc said works.
(d) The annual rental for this permit is .S 2.00 at the discretion of the Crown.
, which is subject to rcview and revision at any time
(e) This permit is appurtenant to the land, mine, or undertaking to which the aforesaid water l i ceke is appurtenant.
V, The conditions relative to the rights granted undcr this permit are printed on the back of this form.
File No. 0364674 .............................. v . ..... /vw ........................ Drputy .. ..................................................... Minister ~Ent*ironmenr
Ref. Map 93.M.004 C9060DD)
W. R. Map - - - Datc issucd: 15, 1981 Permit No. 12782
W.R.B. I2 0
MINISTY OF EMRONMENT. LANDS AND PARKS W A E R MANAGEMENT BRAhCH
PROVINCE OF BRITISH COLUMBIA
PERMIT UNDER THE WATER ACT AUTHORIZING THE OCCUPATION OF CROWN LAND
. .
The holder of Conditional Water Licence 55359, being Moricetown Indian Band (971-530-6751) at the date of issue of the said licence, whose licence authorizes the diversion of water from Coyra Creek, is hereby authorized to occupy Crown Land by constructing, maintaining and operating thereon the works authorized under the said licence and any licence which may be issued in substitution thereof.
(a) The Crown land which is authorized to be occupied under this permit is a portion of Unsurveyed Crown Land, Cassiar District, the location of which is shown approximately on the plan attached to the said water licence.
The approximate dimensions of the Crown Land authorized to be occupied under this permit are:
- Infiltration Gallery, pipeline and powerline - 1,350 feet in length, 30 feet in width and having an area of 0.93 acres - Chlorination Plant - 300 feet in length, 150 feet in width and having an area of 1.0 acre. - Total area - 1.93 acres
The permittee may cut and remove from the said Crown Land any timber necessary to permit construction and maintenance of the said works. Prior to the cutting, destruction or flooding of any timber, the permittee shall apply for and obtain a licence to cut timber from the District Manager and the amount of stumpage, royalty and (or) compensation payable to the Crown . in respect of trees, including merchantable or young growth, 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.
' I
(b)
(c)
(d) This permit is appurtenant to the land, mine or undertaking to which the aforesaid water licence is appurtenant.
(e) This permit shall become void if the water licence with respect to which the permit is issued should terminate, be abandoned or cancelled, or amended 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.
(9) 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.
(f)
(h)
(i) This permit replaces Pe 't No. 12782.
W.H. b L Dreher. P. Ena.
Regional Water Manager duly authorized representative of the Minister of Environment, Lands & Parks
File No. 0364674 Date issued: FEB 0 4 ag2'Permit No. 20199
ATTACHMENT 5 A
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ATTACHMENT 6
EAR 984
785 186 387 988 989
990 ERN
'EAR
,984 .985 .986 .987 .988 .989 .990
JOE ROSS CREEK NEAR THE MOUTH - STATION NO. 08LF094 MONTHLY AND ANNUAL MEAN DISCHARGES IN CUBIC METRES PER SECOND FOR THE PERIOD OF RECORD
JAN FEB MAR APR MAY JUN JUL AUG SEP O m NOV DEC MEAN
--- --- --- --- --- 0.703 0.090 0.020 0.009 --- --- --- ---
--- --- --- --- --- --- 1.70 2.43 1.91 0.724 0.056 0.026 --- --- --- --- 0.647 0.866 0.490 0.153 0.024 0.019 --- --- --- ---
LOCATION - LAT 51 09 10 N DRAINAGE AREA, 101 !-XI2 LONG 120 51 21 W NATURAL FLOW
JOE ROSS CREM*NEAR THE MXl'l3l - STATION NO. 08LF094 ANNUAL EXTREMES OF DISCHARGE AND ANNUAL lWTAL DISCHARGE FOR THE PERIOD OF RECORD
MINIMUM DAI Y DISCHARGE TOTAL DISCHARGE (m3Ys ) (dam3)
MAXIMUM DAI Y DISCHARGE ( m 3 Y s )
MAXIMUM INSPAEPP OUS DISCHARGE ( m 3 ? 3
--- --- 2.88 ILT 12:45 PST ON JUN 10 2.64 ON JUN 10 2.57 AT 10:57 PST ON JUN 09 2.49 ON JUN 09 0.818 AT 22:40 PST ON MAY 20 0.791 ON JUL 17 1.52 AT 05:15 PST ON MAY 02 1.43 ON MAY 02 1.03 AT 05:54 PST ON APR 17 0.932 ON APR 17 0.895 AT 06:38 PST ON MAY 20 0.849 ON MAY 20
--- 0 ON JUL 01 * 0 ON JUL 22 ---
9.66 AT 00:05 PST ON JUN 13 * 8.20 ON SUN 13 * --- * - EXTRGME RECORDED FOR THE PERIOD OF RECORD
469
YEAR
1984
1985 1986 1987 1988 1989
1990 MEAN
YEAR
1984 1985 1986 1987 1988 1989 1990 MEAN
CEAR
L947 1948 1949' .lEAN
mm
1947 1948 1949
JOHN BROWS CREEK NEAR SMITIIERS - STATION NO. 08EE006 MONTZLY AND ANNUAL MEAN DISCHARGES IN CUBIC METRES PER SECOND FOR THE PERIOD OF RECORD
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC MEAN YEAR --- --- --- --- --- 2-04 , 0.813 1.03 1.31 0.786 0.522 --- 1947 0.494 0.276 0.229 0.381 5.81 4.00 1.22 0.599 0.674 0.661 0.490 0.394 1-27 1948 0-356 0-330 0.339 0.762 4.23 4.17 2.83 1.37 0.759 --- --- --- --- 1949 0.425 0.303 0.284 0.572 5.02 4.09 2.03 0.927 0.821 0.986 0.638 0.458 1.27 MERN
LOCATION - LAT 55 00 37 N DRAINAGE AREA, 79 km2 LONG 127 19 58 W NATURAL FLOW
JOHN BFOWN CREEK NEAR SMITHERS - STATION NO. 08EE006 ANNUAL EXTREMES OF DISCIIARGE AND ANNUAL !CUl!AL DISCHARGE FOR TEIE PERIOD OF RECORD
MAXIMUM DAI Y DISCHARGE MINIMUM DAI Y DISCHARGE TollAL DISCHARGE YEAR (m3Ys m 3 4 s (dam3)
MAXIMUM INSTAWT OUS DISCHARGE ( m 3 ? 5
--- 10.9 ON MAY 28 * 5.69 ON MAY 18
0.068 GN-FEB 20 * 0.326 ON FEE 04
--- 1947 40 300 1948 --- 1949
* - EXTRGME RECORDED FOR THE PERIOD OF RECORD 40 300 MEAN
JOHN CREM NEAR MEAD(xJ CREM - STATION NO. 08NH125 MONTHLY AND ANNUAL MEAN DIS-GES IN CUBIC METRES PER SECOND FOR ?XU?, PERIOD OF RECORD
!mli 1967 1968 1969
1970 1971 1972 1973 MEAN
YEAR
1967 1968 1969 1970 197 1 1972 1.973
JAN FEB MAR APR MAY JUN JUL AUG SEP -:\ocP NOV DEC MEAN a --- --- --- --- --- 4.62 2.94 0.572 0.204 01249 0.233 0.100 ---
0.104 0.129 0.258 0.306 2.24 4.30 3.12 0.705 0.418 0.346 0.252 0.169 1.03 0.095 0.058 0.068 0.954 3.36 4.27 1.49 0.350 ~ 0.208 0.276 0.265 0.151 0.964
0.071 0.051 0.057 0.181 1.59 3.68 0.834 0.265 0.221 0.173 0.130 0.087 0.612 0.065 0.107 0.063 0.545 3.22 3.60 2.32 0.660 0.232 0.204 0.135 0.077 0.941 0.057 0.031 0.199 0.334 3.38 4.66 3.10 0.943 0.323 0.332 0.200 0.080 1.14 0.071 0.033 0.063 0.287 1.71 ' 2.55 1.41 --- --- --- --- 0.077 0.068 0.118 0.435 2.58 3.95 2.17 0.583 0.268 0.263 0.203
LOCATION - LAT 50 15 32 N DRAINAGE AREA, 34.7 !-XI' LONG 116 59 57 W NATORAL FLOW
JOHN CREEK NEAR MEADclw CREEK - STATION NO. 08NH125 ' ANNUAL EXPREMES OF DISCHARGE AND ANNUAL TOTAL DISCHRRGE FOR THE PERIOD OF RECORD
MINIMUM DAI Y DISCHARGE (m34s,
MAXIMUM DAI Y DISCHARGE (m3Ijs )
MAXIMUM INSTANT OUS DISCHARGE ( m3%7
5.52 ON JUN 21 6.31 ON JUN 02 6.40 ON JUN 05 6.09 ON JUN 05 5.83 ON J U N 23 8.07 ON JUN 09 * 3.54 ON MAY 17
0.085 - E i JAN 03 0.040 ON MAR 10 0.045 OM FEB 24 0.045 ON JAN 26 0 B ON DEC 08 * ---
E - ICE CONDITIONS * - EICPREME RECORDED FOR THE PERIOD OF RECORD
TOTAL DISCHARGE (dam3)
--- 32 600 30 400 19 300 29 700 36 000
29'600
---
YEAR 1967 1968 1969
1970 197 1 1972 1973 MEAN
YEAR
1967 1968 1969 1970 1971 1972 1973 MEAN
ATTACHMENT 7
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ATTACHMENT 8
MORICETOWN Scale 1:180,000
Ministry of Environment, Lands & Parks Date: July 15, 1997 Environment & Lands Division
\
LEGEND I
/------ Points of Diversion A Dam 0
1
W.S.C. Gauging Sta. 8t No.
c L i 2345 Water Licence cL i 2345 Cancelled, Abandoned
or Superceded Water Licence
-
MORICETOWN NORTH Scale 1:50,000
Ministry of Environment, Lands & Parks Date: July 15, 1997 Ewironment & Lands Division