Kitsumkalum Agreement-in-Principle
CHAPTER 6 – WATER
Water Reservation
1.
Subject to there being sufficient Available Flow, the Final Agreement will provide for a water
reservation under the Water Act in favour of Kitsumkalum.
2.
The Kitsumkalum water reservation established under the Water Act for Kitsumkalum will
specify the volume of unrecorded water, the Streams that are subject to the water reservation
and the extent to which the water reservation applies to particular streams.
3.
Water reserved pursuant to the Kitsumkalum water reservation may be used for domestic,
industrial and agricultural purposes and excludes those purposes set out in paragraphs 28 to 32
of this Chapter.
4.
The Final Agreement will provide that the Kitsumkalum water reservation will have priority
over all Water Licences on that Stream, other than existing Water Licences on that Stream,
Water Licences applied for on that Stream before a date to be agreed upon before the Final
Agreement, and Water Licences issued from a water reservation established on that Stream
before the date to be agreed upon before the Final Agreement.
Water Licences
5.
A person seeking a Water Licence for volumes of water to be applied against the Kitsumkalum
water reservation must obtain written consent from Kitsumkalum before submitting that
application to British Columbia.
6.
If a person applies to British Columbia under paragraph 5 for a Water Licence for volumes of
flow to be applied against the Kitsumkalum water reservation and:
a)
Kitsumkalum has consented to the application;
b)
the application conforms to provincial regulatory requirements;
c)
there is sufficient unrecorded volume of flow in the Kitsumkalum water reservation in
accordance with paragraph 1;
d)
where required, the application includes provisions for storage where the monthly
Available Flow during periods of low flow is insufficient to meet proposed
consumption; and
e)
the application is for a volume of flow that, together with the total volume of flow
licensed for that Stream under the Final Agreement, does not exceed the percentage of
monthly Available Flow for that Stream as set out in the Final Agreement,
then British Columbia will approve the application and issue the Water Licence.
7.
A Water Licence issued to a person for use on Kitsumkalum Lands under paragraph 6 will not
be subject to any rentals, fees, or other charges, except taxes, by British Columbia.
8.
For greater certainty, a person may apply for Water Licences under paragraph 6 for use of water
off Kitsumkalum Lands.
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