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December 17, 2014
▼ OKANAGAN INDIAN BAND
Inside
Band warning: Beware of purchasing native land KEVIN PARNELL
Drinkable A study of Lake Country water completed. ......................
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Readers Your views come in on the benefits to everyone from embracing rail-trail and taking a tax hike. ...............................
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Wine sipping winner Taking the Scenic Sip was a treat that keeps on treating one wine lover. You can take the winter time Scenic Sip and be in the draw for a case of Lake Country wines by April. ...............................
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Flyers ■ Home Depot ■ Jysk ■ Save On Foods ■ Shoppers Drug Mart ■ Staples
Buyer beware. That is the message from the chief of the Okanagan Indian Band (OKIB) as a multi-jurisdictional group looks to complete a deal to purchase the old CN Rail line from Kelowna to Coldstream over the next three-plus months. OKIB chief Byron Louis, who represents some 2,000 band members, says about 20 kilometres of the old CN Rail line, stretching from Oyama to near Vernon, is land that belongs to Okanagan Indian Band and rightfully, should not have been up for sale by CN. “We’ve never surrendered our territory and it’s never been legally taken away so we still hold title to our land,” said Louis. “One of the things we have warned (the municipalities) is buyer beware. That land is not clear title.” According to Louis,
LAKE COUNTRY CALENDAR FILE PHOTO
Chief Byron Louis of the Okanagan Indian Band. OKIB is warning the municipalities that are attempting to purchase the old CN Rail line that about a 20-kilometre portion of the rail line is land owned by the OKIB and is under a land claim that needs to be settled before any development of the rail line. the land the CN Rail line travels from Oyama to Coldstream is reserve land, set aside as a reserve in 1877 before it
was taken back by the government of the day shortly thereafter and given to white ranchers. Louis says when CN
Rail was given the land to run a rail line through, it was on the condition the land would be returned to the native band when it was not in use as a railway. “The reserve has been set aside and is privately held by us,” said Louis. “Every last band member owns an interest in it. It’s privately held land so if people just walk in and think they can do whatever they want, that is trespassing.” During the abandonment process for the rail line, CN offered it for sale first to the federal and then the provincial government before the group of municipalities had their chance and agreed to a $22 million dollar purchase price. Along the way, the municipalities invited the Okanagan Indian Band to be part of the process but Louis declined and maintains the band’s position that they legally own the land. “I think the munici-
James Baker palities see an opportunity or a benefit and they are taking it and they are doing it with their eyes wide open,” he said. “What they are doing is taking a wait and see approach, but they are taking it at their own peril. We identified what our position is and that is that claim was never surrendered (by the band). That has been our position since the 1880’s and we haven’t waivered from it.” Lake Country mayor James Baker, a retired university professor, said while he understands the issue well, it didn’t stop
the group from moving ahead to try and secure the rail line as a possible transportation corridor that links the communities of Kelowna, Lake Country, Coldstream and Vernon. Baker says the land in question, like a lot of the province, is under what’s known as a commonage claim. “It was a mess in 1891 and it’s still a mess,” said Baker. “Commonage reserves never got properly registered and the province considered it vacant land. It’s concerning because it hasn’t been settled and the province has been stonewalling for years when all of this could have been settled if the province had taken a more enlightened approach and do what’s right.” Baker, who interestingly taught chief Louis in university, defended the purchase of the line and said it’s an issue that
Drinkable water is in the balance KEVIN PARNELL Nearly a dozen culverts on Beaver Lake Road, from Lake Country to near Beaver Lake, are in various states of disrepair and in need of work before they ultimately affect Lake Country’s water quality. Those are the findings of a year-long study of drainage issues on approximately 8.5 kilometres of Beaver Lake Road that is under Dis-
trict of Lake Country control. Lake Country water quality technician Patti Meger says the lack of properly working culverts could eventually affect the water quality in Lake Country as surface water coming through the watershed drains into Vernon Creek and eventually into the Lake Country water system. “We have 11 culverts that were damaged or not up to par and each
one of them needs some work done or to be taken out completely,” said Meger. “If every single one fails there is a problem. No matter what, the natural flow of the water will take it into Vernon Creek but we want to ensure it’s not all going in at one spot. We want to ensure all culverts are operating.” The study was undertaken thanks to a $10,000 Water Conservation and Quality
Improvement grant from the Okanagan Basin Water Board. It was done by a consultant and the results will be shared with all area stakeholders. Beaver Lake Road is in the middle of the Vernon Creek watershed and part of a larger (141.1 sq. km.) area that includes the Oyama Creek and Oyama Lake watersheds as well. Meger says there are many parties involved in
keeping the various forestry roads and culverts in working condition as the provincial ministries of forests and of agriculture have a stake, along with private homeowners and industry. Lake Country maintains Beaver Lake Road from the time it leaves the district until it passes the second cattle guard, about 8.5 kilometres. “What we are trying to do is be leaders,” said Meger. “We don’t have
SEE OKIB A2
the funding to back us so we need the collaborative effort of all the stakeholders in the watershed to get this done. “It’s amazing what we have accomplished in the past three to four years. Now that we have a report showing the different culverts are not up to the standard of what they need to be to adequately remove water from the road, we can
SEE WATER A3
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