FIRST NATIONS WATER RIGHTS

Transcription

1 FIRST NATIONS WATER RIGHTS Kitamaat t First Nation Management and Standards Branch Copy NOT TO BE REMOVED FROM THE OFFICE WATER BC our vital resource Ministry of Environment, Lands and Parks

2 FIRST NATIONS WATER RIGHTS IN BRITISH COLUMBIA: A Historical Summary of the rights of the Kitamaatt First Nation Research and writing by: Christina Rocha Edit by: Review by: JOL Consulting Gary W. Robinson Prepared for publication: June, 2000

3 Canadian Cataloguing in Publication Data Rocha, Christina. First Nations water rights in British Columbia. A historical summary of the rights of the Kitamaatt First Nation ISBN Water rights - British Columbia - Kitamaat Indian Reserve No Haisla Indians - British Columbia - Kitimat Region - Government relations. I. JOL Consulting (Firm). Robinson, Gary W.. British Columbia. Water Management Branch. IV. Title. V. Title: Historical summary of the rights of the Kitamaat First Nation. KEB529.5.W3R '32 COO KF820.W38R

4 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

5 TABLE OF CONTENTS LOCATION... WATER ALLOCATIONS HISTORY, CURRENT STATUS AND NOTES... 2 Long Spring & Sandy Brooks History... 2 Current Status... 2 Notes... 3 Wathl Creek History... 3 Current Status... 3 Notes... 3 OTHER INFORMATION TAB NO.: APPENDICES TABLE: Summary of Water Rights Records for the Kitamaat First Nation 2 LICENCES and PLATS Conditional Licence Final Water Licence STREAM REGISTER REPORTS Long Spring and Wathl Creek 4 COPY OF SUMMARY OF WATER PROTECTION RECORDS FOR FIRST NATIONS. 5 MAPS: Kitamaat Band i. :50,000 map showing Kitamaat Reserve No. 2 ii. :250,000 map showing all the reserves of the Kitamaat First Nation.

6 FIRST NATIONS WATER RIGHTS REPORT BAND: ADDRESS: CHIEF: Kitamaat Village Council (Haisla Nation) P.O. Box 0, Kitamaat Village, B.C., VOT 2BO Chief Robert Robinson PHONE: FAX AFFILIATION: Independent LOCATION: The Kitamaat First Nation occupies seventeen reserves in an area located south of the town of Kitimat. The reserves range in size from.4 to 89 hectares and occupy a total land area of hectares. The reserves are: Bees 6 Henderson s Ranch Kildala River (Thala) 0 Kemano 7 Kitamaat 2 Kitisa 7 Kuaste (Mud Bay) 8 Tahla (Kildala) 4 Walth 3 Crab River (Crab Harbour) 8 Tsinqueise (Minette Bay) 5 Giltoyees 3 Kitamaat (Colichan Ground or Old Town) Kitlope 6 Misgatlee (Foch Lagoon) 4 Tosehka (Eagle Bay) 2 Wekellals Of Kitamaat reserves, water rights have been allocated on: Kitamaat 2: a 56.2 hectare reserve located south of the town of Kitimat on the east coast of Kitimat Arm. The most recent population figures compiled by the Ministry of Finance indicate that the Kitamaat Band has a total population, including registered and non-registered members, living on- and off-reserve, of,348. The seven Kitamaat reserves occur in the Coastal Western Hemlock Biogeoclimatic Zone. The reserves lie at sea level, and experience a climate in which average daily temperatures range from lows of -5 degrees centigrade in January, to highs of 6 degrees centigrade in July. Annual rainfall for the area averages more than 250 centimeters. Kitamaat First Nation Water Rights Report

7 2 WATER ALLOCATIONS: There are no records of allocations made by either the Indian Reserve Commission, by Order-in-Council of the Lieutenant Governor in Council, or by Order of the Board of Investigation. Further, there have been no actions to amend, cancel, or record as abandoned, licenced rights pursuant to provisions contained in the Water Act. The water rights of the Kitamaat Band have been determined by one action of government over the years: ) The issue of water licences in response to Federal Government applications requesting authorizations for the use of water on reserve lands. HISTORY, CURRENT STATUS AND NOTES: The history of water rights, the current status of rights, and notes for the Kitamaat Band with respect to Long Spring, Sandy Brooks, and Wathl Creek are as follows: Historv: Mar 5,94 The Comptroller of Water Rights issued Final Water Licence 268 to the Director of Indian Affairs, on behalf of the Kitamaat Band. The licence was assigned a precedence date of December 29,940 and authorizes the diversion of 25,000 gallons per day from Long Spring and Sandy Brooks, for domestic purpose, on Kitamaat Reserve No. 2. Current Status: Final Water Licence 268, for the use and benefit of the Kitamaat Band, is the only licence active on Long Spring and Sandy Brooks. The Water Survey of Canada has no records of streamflow for either Long Spring or for Sandy Brooks. No other current information regarding water availability on these sources was located during the course of this investigation. Kitamaat First Nation Water Rights Report ~

8 3 Notes:. Under current licensing practice Final Water Licence 268 would be issued for domestic and waterworks purpose. The amendment of the licence to include waterworks, would qualify the Long Spring and Sandy Brooks drainage areas for designation as "Community Watersheds" under provisions contained in the Forest Practices Code. Wathl Creek: History: Dec 3,963 In response to an application filed by the Director of Indian Affairs on behalf of the Kitamaat Band, the Comptroller of Water Rights issued Conditional Water Licence The licence was assigned a precedence date of October 8,959 and authorizes the diversion of 60,000 gallons a day from Wathl Creek for waterworks purpose. The appurtenant lands are defined as Kitamaat Reserve No. 2, Range 4, Coast District. Current Status: Conditional Water Licence 25955, registered for the use and benefit of the Kitamaat Band, is the only licence active on Wathl Creek. The Water Survey of Canada has no records of streamflow on Wathl Creek. No other current sources of water availability data on the Creek were located. Notes:. Because Conditional Water Licence is issued for waterworks purpose, the Wathl Creek drainage area qualifies for designation as a "Community Watershed'' under provisions contained in the Forest Practices Code. Kitamaat First Nation Water Rights Report

9 4 OTHER INFORMATION: Groundwater Records: A review of records maintained by the MELP - Groundwater Section found that no wells have been reported on any of the Kitamaat Reserves. However, as the provision of well information to the Groundwater Section is voluntary, this review should not be assumed to be complete. Alternate Water Sources: The proximity of Kitamaat Reserve No. 2 and Tsinqueise Reserve No. 5 to the town of Kitimat presents the potential for water supply to these reserves via connection to the Kitimat municipal water system. Water Protection Records: The MELP - Water Protection Section records report that a.55 kilometre dyke is in place on Wathl Creek within Kitamaat Reserve No. 2. This dyke is maintained by the Band. Kitamaat First Nation Water Rights Report

10 E L N

11 ,-. I i I LJ' - W.R.B. 3-0 PROVINCE OF BRITISH COLVYBIA Water Rights Branch - I I I I CONDITIONAL WATER LICENCE Director of Indian Affairs, of Ottawa, Ontario, is/= hereby authorized to divert and use water as follows:- (a) The source (8) of the water-supply is/are Wathl Creek. (b) The point (s of diversion is/are located as shown on the attached plan. (c) The date from which this licence shall have precedence is 8th October, 959. (d) The purpose for which the water is to be used is ' waterworks., (e) The maximum quantity of water which may be diverted is 60,000 gallons a day, and such additional quantity as the Engineer may from time to time determine should be allowed for losses. (f) The period of the year during which the water may be used is the whole year. (g) The land upon which the water is to be used and to which this licence is appurtenant is Indian Reserve No. 2 (Kitimat), Flange 4, Coast District. (h) The works authorized to be constructed are punp,, pipe, reservoir and distribution system and they shall be located approximately as shown on the attached plan. (i) The construction of the said works P w has been shau be, Zit ~EWMXXW completed and the waterroeneficially used on or before the 3st day of December, 9 63.

12

13

14

15

16 m o n m zzzz N Ln D c 0 5: u c I? aa u 5: W 00- o m - c- o o m m. c 0. 0 ID

17

18 4 m c a 0 c B u c

19 _.....> --.. I._. 'SI SI IO ASH)IOll IO AIrNcIs IS BIBYlOI ISLIYD 3 ltua CDOLA I ItLll COOLA I CAPE WDGl CllAYI. in L CHlX I CHlIILIS I COOUIlLlK 2. COYICWI I DIIDXAP'S CPIII tu SllYlU ICOtIIII 2 foil RUPtPI I CIIIPXIII I cocdox TlYfl XL Ifi XLOOPS I I IlWCOlIP I4. Lllllllll 2 IIIYIWGII I IllYlLLucllsILI lullltv LltllIlLlsU LrrIHlnxII I I LOUIS CiEIt 4 tssti XllSlUl XiE I LXf trrt I.) DTLt tit crrt I.!. e7 DTIf I.?. tlff x Y A all KIA. ' l /A Ell. CIA Kll 0.Ii Ell Ell rir I.rO 0.0 Ell Ell.) XI Ill I. 0.2i E f.20? RIA..l n/a J XlA 0.SO X/A 0.. t.8 Nll ' J. HI 0.0 U A XI 0.0 PIA CIA 0.50 I/I 0.0 I/A - 8 Eli Wll HlA. RIA Ill 0.2 XlA u/r.8 HI Ell 0.22 e KIA. 0.li I SLOPE 2: I :l 2: I 'I *? 2.: : 2: l.5:l I.S:I ::I. :??.S:I l.:l 2: I K!.S:l I.S:I! rtrr. 2.S:I IW IO I I0 I40. I.S? ll!j I i.j Ill I0 IS6 0 9 I iw 0 IfI Ift I IJlI Y/I.0 2:l I4 POL !? fl 3 XI. 9 HI. l.s: rll is0 XI J. 2.I:I. 30 $30 0.II XIA I.S:I? 2 n/r 2s.0 XI :.:I 40 5 I:!? I.$:[..5:l. 2: I.S:l.5:I 2:.? EIA Ill. UlI. r/r..b.0 NIA I J.0 2: I..S:I. JJ...0 : I I KIA l.s-l:l. 2:I. 2.S:l.0 I: I KIA I I :I 30. ElKO? LIFO - 50 mo'? llrd I HE0. flx0. ilrd. IIYO III srro - iixd I fij? I.Cf D. Ill DIST. I IllIl6 JPJFIilXO.d D. Nl GlSl.lSIH I I l.c./rjx..d 0. SOUlHlSW OlSl flpd IIYO I LtSlt.? '?!in0 2 I ftdl.d 0.!!COKIx IS..D 00 lrdsi I.ol 0. * ill0? IIIS. IUD *? W l4i.[ygl I.d.D,JlCOKll S.I.D 4 I0 fydl..d 0. CWILLYACL DlSI I * W : iyd.: ].Of BUD :-:.#! I30' flv0 I SIX0 LfSff. 2 s IIJ?..d 0. COR?. Of Dfl I I iijp/laxo.d D. x DlSl./iIl BUD. SIX0 I i.c.ixn. I.of D. souaxisn ow. PPI- PRfT.OYXl? 20 I4 ITCl.d 0. XICOHI S..0.0ALS I3.II. * ir' I

20 \i Points of Diversion * Dam 0 W.S.C. Gauging Sta. & No. _- Pipeline = = = I Dyke ~~2345 Water Licence ~~2345 Cancelled, Abandoned or Superceded Water Licence Kitimat Long Spring FL268 \i a Sandy Brooks FL268 Arm \ Ministry of Environment, Lands & Parks KITAMAAT FIRST NATION Scale: : 30,000 Date: Aplll2000 \ Environment & Lands Division