Kitsumkalum Agreement-in-Principle
20.
Storage, diversion, extraction or use of water will be in accordance with Federal Law and
Provincial Law.
21.
British Columbia may negotiate with Kitsumkalum the role of Kitsumkalum in the management
and administration of Water Licences issued under Kitsumkalum’s water reservation.
Law-Making
22.
The Kitsumkalum Government may make laws in respect of:
a)
the consent of Kitsumkalum under subparagraph 6(a) to applications; and
b)
the supply and the use of water from a Water Licence issued in accordance with
paragraph 6.
23.
A Kitsumkalum Law under subparagraph 22.a) prevails to the extent of a Conflict with a
Federal Law or Provincial Law.
24.
A Federal Law or Provincial Law prevails to the extent of a Conflict with a Kitsumkalum Law
under subparagraph 22.b).
Other
25.
If Federal Law or Provincial Law permits the sale of water, Kitsumkalum may sell water in
accordance with those laws.
26.
Nothing in the Final Agreement will alter Federal Law or Provincial Law in respect of property
in water.
27.
Before the Final Agreement the Parties will address the issue of groundwater.
Hydro Power Reservation
28.
In addition to the Kitsumkalum water reservation established under paragraph 1, British
Columbia will, subject to Available Flow, establish a water reservation of the unrecorded water
of specific Streams identified in the Final Agreement in favour of Kitsumkalum after the
Effective Date to enable Kitsumkalum to investigate the suitability of those Streams for hydro
power purposes, including related storage purposes.
29.
If Kitsumkalum applies for a water reservation for hydro power purposes on a Stream subject to
the Kitsumkalum hydro power reservation under paragraph 28, British Columbia, after
considering the results of any investigation referred to in paragraph 28 and subject to Available
Flow, will establish a Kitsumkalum hydro power reservation for hydro power purposes and any
related storage purposes on that Stream if it considers that Stream to be suitable for hydro power
purposes.
30.
If British Columbia establishes a water reservation for hydro power purposes on a Stream under
paragraph 29, the Kitsumkalum hydro power reservation under paragraph 28 will terminate in
respect of that Stream.
31.
If, after British Columbia establishes a water reservation for hydro power purposes under
paragraph 29, Kitsumkalum applies for a Water Licence for hydro power purposes and any
related storage purposes for a volume of flow from the Stream subject to that water reservation,
British Columbia will grant the Water Licence if the proposed hydro power project conforms to
Federal Law and Provincial Law, and there is sufficient Available Flow in the Stream.
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