Legal Exchange Between B.C. Government and Testalinden Dam Owner

.
August 4, 2010
ELKINK RANCH LTD.
25451 HIGHWAY 3
CA WSTON BC VOX 1
The Place on Earth
Water Licence File: 8000709
Dam File: 76915-20/220-TES
(Attention: ACE EDWARD ELKINK, President, Secretary and Director)
Dear Sir:
Re: Watel' Act Order - Alteraltio:lIs to Te!ltaiiindlm Dam I Co,nditi.)lliliWatel'
BC Ministry of Environment water licence and property searches show that
Ranch Ltd, is the CUlTen! holder of Conditional Water Licence ("CWL") 66123, as
well as the owner of the land to which the licence is appul1enant. Further, a corporllte
search reveals that you are an Officer and Director of Elkink Ranch Ltd, and that Elkink .
Ranch Ltd. was fom1erly named & !vI. Cattle Co, Ltd, until a name change to Elkink
Ranch Ltd, 1968.
CWL 66123 authorizes the licence holder or licensee to stOrC a maximum quantity of 45
aCI'e-Iect per annum in the reservoir on Testalindcn Lake for storage and irrigation
purposes. The works authorized by CWL 66123 include a "dam" on Testalinden Lake
(the "Testalinden Lake Dam"). FUlthelTl1ore, eWL 66123 is the only water licence
which authorizes a dam and the storage of water on Testalinden Lake. A copy of CWL
66123 has been attached for your information. Also attached is a copy ofthe Permit
No,15800 undcr the Water Act which authorizcs Elkink Ranch Ltd. to occupy Crown
land with works authorized under CWL 66123,
Please advised that the Ministry of Environment continues to investigate the
circumstances which contributed to the breach (or failure) of the Testalindcn Lake Dam
on 01' about June 13, 2010,
The pllfpose of this covering letter is to explain the Regional Water reasons
for issuing an Order under the Water Act to Elkink Ranch in relation to possible
rucl11rea1terations by the licensee of the works authorized by CWL 66123, in particular
the Testalinden Lake Dam,
Ministry of Environment
Water Stewardship DMsion
Okanagan RegIon
102 Indusl,;al Place
Penticton Be V2A 7C8
Telephone: (250) 4908200
Facsimile: (250) 4902231
FNR-2013-00257
Page 1
Under the Water Act and its regulations, particularly sections 5, 16 and 21 of the Water
Act and section 1 (a) of the British Columbia Dam Safety Regulation, the "dam owner" is
the person who holds the current licence (the licensee) for the dam. Elk\nk Ranch Ltd.,
as the licensee of the Testalinden Lake Dam and the dam owner, is responsible for
meeting applicable requirements of the Water Act and the British Columbia Dam Safety
Regulation. Copies ofthese sections of the Water Act and the British Columbia Dam
Safety Regulation have been attached for your infOlmation.
The breach or failure of the Testalinden Lake Dam on or about June 13,2010, and the
resultant release of water from Testalinden Lake into Testalinden Creek, triggered a
debris flow which has caused significant damage to downstream land, works and. other
property. As the current licensee and dam owner, Elkink Ranch Ltd. is responsible for
ensuring that the Testalinden Lake Dam does not pose an ongoing risk to public safety
and to land, works and other properties downstream.
Therefore, E1kink Ranch Ltd. is being required to take certain steps to prevent further risk
and damage, including from any possible future alterations to Testalinden Lake Dam. In
particular, the Testalinden Lake Dam breach must be stabilized before winter freeze up to
prevent further risk and damage during the freshet in 2011.
In view of the foregoing, as the Regional Water Manager in the Okanagan area, I am
issuing you the attached Order under sections 85 and 88 of the Water Act, as well as
under the British Columbia Dam Safety Regulation.
Please note that the issuance of this Order to you and your compliance with the
requirements of this Order does not preclude or prejudice this or any future
investigations, enforcement actions or other legal proceedings against you in respect of
this matter.
If you have any questions, or if you require clarification of the scope or intent ofthis
Order, please contact the undersigned at 250-490-8232.
Any correspondence, including submission of plans or other material as required by the
Order should be mailed to the Regional Water Manager at the following address:
BC Ministry of Environment
102 Industrial Place
Penticton, BC V2A7C8
Attention: Ken Cunningham, Regional Water Manager under the Water
Act
A right of appeal from this decision lies to the Environmental Appeal Board. Information
of filing an appeal can be found on the Environmental Appeal Board Website at:
http://www.eab.gov.bc.caf.''
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For your information it is an offence under section 93 and/or 94 ofthe Water Act to
breach the regulations or to fail to do an act or thing required under the Water Act or
under an order ofthe comptroller, regional water manager, engineer or officer. Under
section 97 of the Water Act, this also applies to an employee, officer, director or agent of
a corporation who authorizes, permits or acquiesces in an offence.
Finally, I request that you provide the undersigned with an indication of Elk ink Ranches
Ltd. 's longer term intentions with respect to CWL 6612} and the Testalinden Lake Dam.
If you would like to discuss the options please contact the undersigned in Penticton at
(250) 490-8232.
Sincerely,
Ken Cunnin am
Regional Water Manager under the Water Act
Water Stewardship Division
Okanagan Region
Attachments:
1. Regional'Water Manager's Order
2. Conditional Water Licence 66123
3. Permit No. 15800
4. Extract from Water Act
5. British Columbia Dam Safety Regulation under .Water Act
cc. Conservation Officer Service, Mike deLaronde
Comptroller of Water Rights, Ministry of Environment, Victoria
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ORDER under the WATER ACT, R.S.B.C. 1996, c.483, and the
British Columbia Dam Safety Regulation
IN THE MATTER OF a breach or failure of Testalinden Lake Dam which
occurred on or about June 13,2010; and
WHEREAS, ELKINK RANCH LTD., having
a registered office at:
Lot 14 - 2 -1, Chopka Indian Reserve #7 and 8, Cawston, B.C. VOX lC3,
and
a records office at:
25451 Highway 3, Cawston, B.C. VOX lC3,
is the current holder of Conditional Water Licence ("CWL") 66123, which
authorizes "works", including a dam to store 45 acre-feet of water in Testalinden
Lake, for storage and irrigation purposes; and
WHEREAS Elkink Ranch Ltd. (formerly named E. & M. Cattle Co. Ltd. until a
name change to Elkink Ranch Ltd. in 1968) is the owner of the land to which
CWL 66123 is appurtenant; and
WHEREAS a corporate search reveals 'that ACE EDWARD ELKINK is an
Officer and Director of Elk ink Ranch Ltd.; and
WHEREAS, under the Water Act and its regulations, particularly sections 5,16
and 21 of the Water Act, and under section 1 (a) of the British Columbia Dam
Safety Regulation, BC Reg,44/2000, the current holder of CWL 66123, ELKINK
RANCH LTD., is the "dam owner" and licensee in respect of the Testalinden
Lake Dam; and
WHEREAS, ELKINK RANCH LTD., as the licensee ofthe Testalinden Lake
. Dam and the dam owner, is responsible for meeting requirements of the Water Act
and the British Columbia Dam Safety Regulation in respect of the construction,
maintenance, use, operation, failure, removal and decommissioning of its works,
including Testalinden Lake Dam;
WHEREAS, a breach or failure of the Testalinden Lake Dam occurred on or
about June 13,2010 which triggered a debris flow that caused significant damage
to downstream land, works and other property; and
FNR-2013-00257
Page 4
WHEREAS remedial steps must be taken to prevent further risk and damage
from the licensed works and in particular the Testalinden Lake Dam breach must
be stabilized before winter freeze up to prevent further risk and damage; and
WHEREAS, as the licensee and dam owner, ELKINK RANCH LTD., is
responsible for ensuring that the Testalinden Lake Dam does not pose an ongoing
risk to public safety and to land, works and other properties downstream;
WHEREAS, I, KEN CUNNINGHAM, Regional Water Manager, in addition to
my powers as a regional water manager under the Water Act and the British
Columbia Dam Safety Regulation, also have authority pursuant to section 85(2) of
the Water Act to do any act or thing that an engineer or officer is empowered to
do under the Water Act, including under section 88 of the Water Act and the
British Columbia Dam Safety Regulation; and,
WHEREAS, an engineer under the Water Act is empowered under section 88(1)
ofthe Wdtel' Act, to, among other things:
" ... (d) order the alteration, installation, replacement, repair, maintenance,
improvement, sealing, closure or removal of, or the addition to, any
works ... "
WHEREAS, under section 8 of the British Columbia Dam Safety Regulation a
dam owner must, among other things:
" ..... (f) modify the operation of the dam to minimize or prevent damage
which may be caused by the failure of the dam, and undertake any other
hazard response activity required by a dam safety officer or engineer or by
the comptroller or regional water manager." .
WHEREAS, it is an offence under section 93 and/or 94 of the Water Act to
breach the regulations or to fail to do an act or thing required under the Water Act
or to fail to do an act or thing required under an order of the comptroller, regional
water manager, engineer or officer; and, under section 97 of the Water Act, an
employee, officer, director or agent of a corporation who authorizes, permits or
acquiesces in an offence also commits an offence.
NOW THEREFORE, I, KEN CUNNINGHAM, Regional Water Manager, with the
powers of a regional water manager, engineer and officer under the Water Act,
HEREBY ORDER ELKINK RANCH LTD. to:
1. Effective immediately, cease and desist any work on or alteration to all or any
part ofthe breached Testalinden Lake Dam until written authorization for any
work or alteration has been obtained from the Regional Water Manager;
FNR-2013-00257
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2. On or before October 31, 2010, stabilize the existing breach in the Testalinden
Lake Dam under the supervision of, and in accordance with, plans and
specifications prepared by a suitably qualified professional engineer registered in
the Province of British Columbia, all to the satisfaction of the Regional Water
Manager;
3. On or before November 15, 2010, submit a report from the professional engineer
refened to in section 2 of this Order confinning that the breach in the Testalinden
Lake Dam has been stabilized as required under this Order;
4. For the purposes of this Order, and without limiting the plans and specifications
that may be recommended by a 'suitably qualified professional engineer to
stabilize the Testalinden Lake Dam breach, the work to' stabilize the Testalinden
Lake Dam breach must include the following elements:
a) the side slopes of the breach in the Testalinden Lake Dam must be cut
back and shaped to a more stable and gradual angle of repose. This
work shall be undertaken in a manner that does not encroach upon the
existing bottom width of the breach or otherwise restrict the discharge
capacity of the breach or the creek channel below the breach;
b) the side slopes of the breach in the Testalinden Lake Dam must be
armoured to protect the side slopes from stream erosion and scour; and
c) the exposed soils of the side slopes of the breach in the Testalinden
Lake Dam and the immediately sunounding dam faces must be
protected against surface erosion and to prevent sedimentation.
5. In carrying out any act or thing required under this Order, ELKINK RANCH
LTD. must also comply with the conditions ofCWL 66123 and Permit over
Crown Land No.1 5800, as well as with the provisions of the Water Act and the
British Columbia Dam Safety Regulation, and the requirements of any other
applicable enactment, regulation or other authorization.
DATED at Penticton, British Columbia, this 3rd day of August, 010.
Ken Cunningham
Regional Water Manager, with powers of a regional water
manager, engineer and officer under the Water Act
--,I
FNR-2013-00257
Page 6

WA'l'ER MANAGEMENT
BRANCH
MINISTRY OF
ENVIRONMENT
and Paxks
..... ,' .1
OF BIUTISH COLUMBIA-WATER ACT
CQNDITIONAL: WATER LICENCE
E. & M. Cattle Co. Ltd. of R.R. #1, Cawston; .British Columbia, VOX leO
.is hereby divert, store water as follows:
(a) The source . ..of_tb.e is Tea.talindan Creek and the :r.e.eerv.oir is

(b) The .diversion, and the storage site are located aa shown
on the attached plan.
(c) The f;-om.,which this licence $hall have precedence i 1st August 1985.
(d) The this is issued is storage and irrigation.
(e) The maximum quantity of water which may be. diverted into stora&e-is.45 acre
feet per 'annum diverted :01' irrigation purpose is the quantity that is
available_ from storage.
(f) The perio4 9f the year during which the water may be diverted into storage is
1st Qctober t(Ll!?th June and used for irrigation purpose is 1st April to
30th September.
(g) The land libicb the wate,r is to be used and to which this licence is
appurtenant Lots 177, 178, and 179 all within Similkameen Division of Yale
District of 15 acres ba_ irrigated.
(h) The to be are dam, diversion and J:ediversion
structures, ditch, pipe, pomp and sprinkler system, which shall be located
as, shown on th:e attached plan.
(i)
(j)
The the said works be completed and the water
Qn .9'r . .the. 31s.t da.y of December> .1989.
This licence is _issued in supstitotioa-or Final Water Licence.20031.
o nik
t
P.Eng.
Water Manager
Interior Region
-.Fi,le No. 8Q.o07M. Conditional Licence 66123
FNR-2013-00257
Page 7
Province of British Columbia
PENTICTON

WATER
__ FAIRVIEW
... PRECINCT
....
PRINCETON '--"
WATER '\
-r
L
-. t---,-t---L---,-- DISTRICT ,. \
1615,. 2er '\
c., ,
L.354A
KEREMEOS
LAND DISTRICT
LEGEND
. L//
:SIMILKAMEEN DIVISION OF YALE Signatur ._ ......... . ....... .
Dat .. A ............. _____ ............ .
20031
Scale : 1,50000
Point of Diversion a Rediversion a Dam I.
Map Number W R 1502 a 6936
Pipe and Ditch __ __
Permit over Crown Land: ,
'The boundaries of the land to which this IIcenco
Is appurtenant are shown thus: _____ _
FNR-2013-00257
Page 8
m Province of
_ British Columbia
Minislryof
Environment
PERMIT UNDER THE WATER ACT AUTHORIZING THE
OCCUPATION OF CROWN LAND
The holder of Conditional Water Licence 66123
1
being E. & ,M. Cattle Co.
Ltd. at the date of issue of the said licence, whose licence authorizes
the diversion
J
use and storage of water from Testalinden Creek and the
reservoir is Testalinden Lake, is hereby authorized to occupy Crown Land
by constntcting, 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 Lot 4102
8
and unsurveyed land within
Similkameen Division of Yale District, the location of which is
shown approximately on the plan attached to the said water
licence(s)
(b) The approximate dimensions of the Crown Land authorized to be
occupied under this permit are: Pipe & ditch 1.4 acres
Dam site .2 acre
Flooded area 2.0 acres
Total 3.6 acres
(c) The permittee may cut and remove from the said Crown Land any
timber necessary to permit construction and maintenance of the
said works and clearing of the said lands which may be flooded.
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. .
(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 8S to render this permit unnecessary.
(f) 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.
(g) 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.
(h) 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.
(i) The annual rental for this permit is $28.00, which is subject to
review and revision at any time at the discretion of the Crown.
File No. 8000709 Date Issued
Pipe 6: Ditch
Dam site
Flooded area
Total
4.00
20.00
4.00
=

a d
AUG 251987
Permit No. 15800
FNR-2013-00257
Page 9
Excerpts from the Water Act [RSBC 1996] CHAPTER 483
Rights acquired uuder licences
5 A licence entitles its holder to do the following in a manner provided in the licence:
(a) divert and use beneficially, for the purpose and during or within the time stipulated, the
quantity of water specified in the licence;
(b) store water;
(c) construct, maintain and operate the works authorized under the licence and necessary for the
proper diversion, storage, carriage, distribution and use of the water or the power produced from
it;
(d) alter or improve a stream or channel for any purpose;
( e) construct fences, screens and fish or game guards across streams for the purpose of
conserving fish or wildlife.
Transfer of licence, approval 01' permit
16 (1) A licence, approval or permit that is made apPUlienant to any land, mine or undertaking
and any rights and obligations granted and imposed under the licence, approval or permit pass
with a conveyance or other disposition of the land, mine or undeliaking.
(2) A person conveying or otherwise disposing ofland, a mine or an undertaking to which a
licence is appurtenant, or in respect of which an approval or permit was issued or, in the case ofa
transmission of land, a mine or an undeliaking to the personal representative or other person
representing the owner, the personal representative or other person must give written notice of
the conveyance or other disposition to the comptroller or regional water manager.
Rights and responsibilities under licence or approval
21 (I) The following persons must exercise reasonable care to avoid damaging land, works, trees
or other prope11y, and must make full compensation to the owners for damage or loss resulting
from construction, maintenance, use, operation or failure of the works:
(a) an applicant;
(b) a Ii censee;
(c) a holder of an approval;
(d) a person who, in accordance with the regulations or an order, makes changes in and about a
stream or diverts or uses water.
(2) Subject to subsection (1), a holder of a licence for power pUipose, waterworks purpose or
irrigation purpose may fell and remove any tree and remove any rock or other thing that
endangers the holder's works.
FNR-2013-00257
Page 10
. ',"
B.C. Reg. 44/2000
O.C. 13112000
Deposited February 10,2000
Water Act
BRITISH COLUMBIA DAM SAFETY REGULATION
1 Definitions
2 Application
[Convenience copy on ly 1
Contents
3 Operation and maintenance of a dam
4 Alteration of a dam
5 Inspection
6 Reporting
7 Dam safety review
8 Hazardous conditions at a dam
9 Suspension of normal operation or removal of a dam
10 Information and evaluation
11 Instrumentation
12 Expert opinion
SCHEDULE 1
SCHEDULE 2
Definitions
1 In this regulation:
"Act" means the Water Act;
"dam" means
(a) a barrier constructed across a stream, or
(b) a barrier constructed off-stream and supplied by diversion of water from a
stream,
for the purpose of enabling the storage or diversion of water, and includes all
works which are mcidental to or necessary for the barrier;
"dam owner" means, with respect to a dam, any or all of the following:
(a) the person who holds the current licence or is required to hold a licence for
the dam;
(b) the person who last held a licence for the dam, including a licence that has
been suspended, cancelled, abandoned or terminated;
(c) if there is no person to whom paragraph (a) or (b) applies, the owner of the
land on which the dam is located or the person who had the dam
constructed;
"dam safety officer" means an engineer or officer who is designated in writing by
the comptroller as a dam safety officer;
"emergency preparedness plan" means a plan prepared by a dam owner under
section 3 (2) (a) that describes the actions the dam owner proposes to take in the
event of an emergency at a dam;
. .
)
March 10, 2000 1
FNR-2013-00257
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B.C. Reg. 44/2000
WATER ACT
"height" means the vertical distance to the top (crest) of a dam measured,
(a) in the case of a dam across a stream, from the natural bed of the ~ t r e m at'
the downstream outside limit of the dam, or
(b) in the case of a dam that is not across a stream, from the lowest elevation at
the outside limit of the dam;
"instrumentation" means, but is not limited to, survey monuments and stations,
inclinometers, extensometers, piezometers or measuring weirs;
"maintain" or "maintenance" means the performance of those tasks required to
keep the dam in good operating condition;
"operation, maintenance and surveillance manual" means a manual prepared by
a dam owner under section 3 (2) (b) that describes the dam owner's operation,
maintenance and surveillance procedures for the dam;
"professional engineer" means a person registered, and in good standing, as a
professional engineer under the Engineers and Geoscientists Act;
"volume of water" means the total storage volume of the reservoir at full supply
level measured in accordance with one of the following:
(a) between the natural bed of the stream and the spillway crest;
(b) between the upstream outside limit of the dam!!1ld the spillway crest;
( c) if a low level outlet is excavated to an elevation lower than the general
foundation of the dam, between the bottom of that outlet and the spillway
crest.
Application
2 (1) This regulation applies to all of the following:
(a) a dam 1 metre or more in height that is capable of impounding a volume of
water greater than 1 000 000 m3; 610 Ar-
(b) a dam 2.5 metres or more in height that is capable of impounding a volume
of water greater than 30 000 m3; '2..4 AF ~ S I .
(c) a dam 7.5 metres or more in height; ?-?'
(d) a dam that does not meet the criteria under paragraph (a), (b) or (c) but has
a downstream consequence classification under Schedule 1 oflow, high or
very high.
(2) This regulation does not relieve a dam owner from any other requirements that
may be imposed under the Act, the Water Regulation or any other applicable
enactment.
Operation and maintenance of a dam
3 (1) A dam owner must operate and maintain a dam in accordance with all of the
following:
(a) this regulation;
2
March 10, 2000
FNR-2013-00257
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B.C. Reg. 44/2000
WATER ACT
(b) any applicable license or approval;
(C) any order that is made under the Act;
(d) the emergency preparedness plan that has been prepared and accepted in
accordance with subsection (2) (a);
(e) the operation, maintenance and surveillance manual that has been prepared
and accepted in accordance with subsection (2) (b).
(2) A dam owner must, in the form and manner and within the time period specified
by the comptroller or regional water manager, prepare and submit to a dam safety
officer, for acceptance by the dam safety officer, the following:
(a) if the downstream consequence classification under Schedule 1 is high or
very high, an emergency preparedness plan;
(b) if the downstream consequence classification under Schedule 1 is low, high
or very high, an operation, maintenance and surveillance manual.
(3) Subsection (2) applies whether or not there is a term or condition in an approval
granted or licence issued that requires the preparation of such a plan or manual
for the dam.
(4) A dam owner must ensure that the dam is adequately safeguarded to prevent
unauthorized operation of the dam by someone other than the dam owner or an
agent of the dam owner.
Alteration of a dam
4 (I) Any alteration, improvement or replacement to all or any part of a dam must be
authorized by an approval, licence or order.
(2) Subsection (I) does not apply to an alteration, improvement or replacement for
the purpose of
(a) maintaining the dam as authorized under section 3, or
(b) addressing a condition under section 8.
(3) A dam owner must submit to a dam safety officer, on completion of the alteration,
improvement or replacement, a report on the work and the manner in which any
such alteration, improvement or replacement to all or any part of the dam was
performed.
Inspection
5 A dam owner must do all of the following: .
(a) carry out an inspection of a dam on the frequency applicable to the
downstream consequence classification for the dam as set out in Schedule
2 in order to assess the condition of the dam during the construction,
operation or alteration of the dam;
(b) record the results of every inspection performed under paragraph (a);
March 10, 2000 3
FNR-2013-00257
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B.C. Reg. 44/2000
WATER ACT
Reporting
6
(c) repair any safety hazard revealed by an inspection, if authorized to do so by
an approval, licence or order or as authorized under this regulation.
(1) A dam owner must, when an inspection is carried out under section 5 or when any
other inspection is carried out with respect to a dam,
(a) submit to a dam safety officer; in the form and manner and within the time
period specified by the dam safety officer,
(i) the record of inspection required by section 5 (b), and
(ii) the results and analysis of any test or measurement taken including,
but not limited to,
(A) instrumentation readings and analysis,
(B) visual records or observations,
(C) drawings,
(D) soil, aggregate and concrete test results, and
(E) any other test results, and
(b) promptly submit to a dam safety officer the record of inspection required by
section 5 (b) if the inspection reveals a potential safety hazard.
(2) A dam owner must submit to a dam safety officer, if requested by the dam safety
officer, the original or clear copies of the following documentation required for
the design, construction or alteration of the dam:
(a) all design notes, drawings and specifications;
(b) hydraulic, hydrologic, geological and geotechnical data;
(c) reports and other similar documentation.
Dam safety review
7 (1) If required by Schedule 2, a dam owner must have a professional engineer,
experienced in dam safety analysis, do a dam safety review and prepare, in the
form and manner and within the time period specified by the comptroller Qr
regional water manager, a dam safety report.
(2) The dam owner must submit to It dam safety officer a copy of the dam safety
report prepared by the professional engineer who carried out the dam safety
review under subsection (1).
Hazardous conditions at a dam
8 If conditions exist with are or are likely to be hazardous to a dam, or if conditions may
reasonably be anticipated to cause a dam, or any part of a dam, or any 9peration or
action at or in connection with a dam, to be or become potentially hazardous to public
safety, the infrastructure or works, other property or the environment, a dam owner
must promptly do all of the following:
4
March 10, 2000
FNR-2013-00257
Page 14
.. _) .
B.C. Reg. 44/2000
WATER ACT
(a) if an emergency preparedness plan exists, modify the operation of the dam,
or any part of the dam, in accordance with the emergency preparedness
plan;
(b) if an emergency preparedness plan does not exist, operate the dam in a
manner, and initiate any remedial actions, that will
(i) safeguard the public,
(ii) minimize damage to the infrastructure or works or to other property,
including that not owned by the dam owner, and
(iii) minimize damage to the environment;
(c) contact the Provincial Emergency Program continued under the Emergency
Program Act;
(d) notify a dam f ~ t y officer, or the comptroller orregional water manager, of
(i) the nature of the existing or anticipated conditions,
(ii) all things done by the dam owner to rectify the conditions, and
(iii) the time and exact nature of any information or warning of existing
or anticipated conditions issued to any person under this section;
(e) inform local authorities, and persons who maybe in immediate danger from
the potential failure of the dam, of the nature of the existing or anticipated
conditions and, if necessary, advise those persons who may be in immediate
danger to vacate and remove any property from the endangered area;
(f) modify the operation of the dam to minimize or prevent damage which may
be caused by the failure of the dam, and undertake any other hazard
response activity required by a dam safety officer or engineer or by the
comptroller or regional water manager.
Suspension of normal operation or removal of a dam
9 (1) A dam owner must give the comptroller or regional water manager at
least 60 days written notice before undertaking any of thefollowing activities:
(a) removing all or a significant part of a dam;
(b) decommissioning or abandoning a dam;
(c) stopping the normal operationofa dam for a period oftime longer than one
year.
(2) The dam owner must prepare, and submit to a dam safety officer for approval,
(a) a plan respecting an activity under subsection (1) (a) or (b), or
(b) if required by the dam safety officer, a plan respecting an activity under
subsection (1) (c).
(3) The dam owner must, at least 14 days before the date on which the work is
expected to commence, notify a dam safety officer before commencing any work
under the approved plan.
March 10,2000
5
FNR-2013-00257
Page 15
B.C. Reg. 44/2000
WATER ACT
(4) The dam owner must submit to a dam safety officer, on the completion of the
work performed under the approved plan, a report on the work and the manner in
which it was performed.
(5) The dam owner must undertake any further actions that the comptroller or
regional water manager requires to alleviate any adverse consequences to any
person, the infrastructure or works, other property or the environment that may
be affected by any work performed on the dam.
(6) An approval under subsection (2) respecting the decommissioning of a dam is
subject to the Environmental Assessment Act and to approvals, if any, required
under that Act.
Information and evaluation
10 (1) A dam owner must, if requested by a dam safety officer, provide the following
information in order to evaluate the condition or hazard potential of a dam:
(a) information with respect to the dam including, but not limited to,
(i) foundation investigation results,
(ii) design details and as-built plans,
(iii) construction records,
(iv) operation manuals,
(v) records of instrumentation,
(vi) inspection reports,
(vii) safety reports, and
(viii) inundation studies and emergency preparedness plans;
(b) information with respect to the naturll of the land and the stream, and the
use of the land and the stream, downstream from or adjacent to the dam or
reservoir, including the hydraulic, hydrologic, geological and geotechnical
characteristics and the uses of the land and stream;
(c ) information with respect to the watershed upstream of the dam.
(2) The information requested under subsection (1) must be submitted to a dam
safety officer, in the form and manner and within the time period specified by the
comptroller or regional water manager.
(3) The dam owner must conduct any inspection, investigation, surveyor test that is
necessary to provide the information required by subsection (1).'
Instrumentation
11 A dam owner must do all of the following:
6
(a) install any instrumentation necessary to adequately monitor the
performance of a dam;
(b) monitor, maintain or replace instrumentation installed at a dam to ensure
continuity of readings;
March 10, 2000
..
-'
,
/
FNR-2013-00257
Page 16
B.C. Reg. 44/2000
WATER ACT
Expert opinion
( C) submit instrumentation readings and evaluations to a dam safety officer, in
the form and manner and within the time period specified by the dam safety
officer;
(d) submit, to a dam safety officer for approval by the dam safety officer,
(i) notice of any planned modifications to, changes to or removal of the
instrumentation at least 60 days before the proposed modification,
change or removal, or
(ii) an annual plan outlining intended changes to the instrumentation.
12(1) If, based on information submitted in respect of a dam or related works, the
comptroller or regional water manager considers that a question has arisen as to
what is proper practice for resolving an issue involving a dam or related works,
the comptroller or regional water manager may require a dam owner to retain an
expert, satisfactory to the comptroller or regional water manager, with qualifica-
tions and experience as follows:
(a) in the case of a dam, in dam design, construction and analysis;
(b) in the case of related works, in hydraulic, hydrological, geological, geotech-
nical, mechanical or structural engineering or other appropriate disciplines.
(2) The expert retained under subsection (1) must provide a report to the comptroller
or regional water manager on the issue.
March 10, 2000
7
FNR-2013-00257
Page 17
B.C. Reg. 44/2000
WATERAoT
Schedule 1
Rating
VERY HIGH
HIGH
LOW
8
SCHEDULE 1
(sections 2 (1) (d) and 3 (2))
DOWNSTREAM CONSEQUENCE CLASSIFICATION GUIDE
Loss of Life
Economic and Environmental and
Social Loss Cultural Losses
Large potential for mUltiple loss Very high economic losses Loss or significant deterio-
oflife involving residents and affecting infrastructure, public ration of nationally or provin-
working, travelling andlor and commercial facilities in and cially important fisheries habitat
recreating public. Development beyond inundation area. (including water quality),
within inundation area (the area Typically includes destruction wildlife rare andlor
that could be flooded if the dam of or extensive damage to large eIl;dangered species, unique
fails) typically includes commu- residential areas, concentrated landscapes or sites of cultural
nities, extensive commercial comrnercialland uses, Significance. Feasibility andlor
and work areas, main highways, highways, railways, power practicality of restoration andlor
railways, and locations of lines, pipelines and other compensation is low.
concentrated recreational utilities. Estimated direct and
activity. Estimated indirect (interruption of service)
could exceed 100. costs could exceed $100
million.
Some potential for multiple loss Substantial economic losses Loss or significant deterio-
cfHfe involving residents, and affecting infrastructUre, public ration of nationally or provin-
working, travelling andfor and commercial facilities in and cially important'fisheries habitat
recreating public. Development beyond inundstion area. (including water quality),
within inundation area typically Typically includes destruction wildlife rare andlor
includes highways and railways, of or extensive damage to endangered species, unique
commercial and work areas, concentrated commercial land landscapes or sites of cultural
locations of concentrated recre-- uses, highways, railways, power significance. Feasibility and
ational activity and scattered lines, pipelines and other practicality of restoration andlor
residences. Estimated fatalities utilities. Scattered residences compensation is high.
less than 100. may be destroyed or severely
damaged. Estimated direct and
indirect (interruption of service)
costs could exceed $1 million.
Low potential for multiple loss Low economic losses to limited Loss or Significant deterio-
of life. Inundation area is infrastructure, public and ration of regionally important
typically undeveloped except commercial activities. fisheries habitat (including
for minor roads, temporarily Estimated direct and indirect water quality), wildlife
inhabited or non- residential (interruption of service) costs rare and endangered species,
farms and rural activities. There could exceed $1 00 unique landscapes or sites of
must be a reliable element of cultural significance. Feasibility
natural warning iflarger and practicality of restoration
development exists. andlor compensation is high.
Includes situations where
recovery would occur with time
without restoration.
March 10, 2000
FNR-2013-00257
Page 18
B.C. Reg. 44/2000
WATERAoT
SchedulEi 2
VERYWW Minimal potential for any loss Minimal economic losses No significant loss or deterio-
of life. The inundation area is typically limited to owner's ration of fisheries habitat,
.
typically undeveloped property not exceed $100 000. wildlife habitat, rare or
Virtually no potential exists for endangered species, unique
future development of other landacapes or sites of cultural .
land uses within the foreseeable significance.
future.
SCHEDULE 2
(sections 5 (a) and 7 (1))
MINIMUM INSPECTION FREQUENCY AND DAM SAFETY REVIEW REQUIREMENTS
Item.
Very High High Low Very Low
Consequence Consequence Consequence Consequence
Site Surveillance [a] WEEKLY WEEKLY MONTHLY QUARTERLY
Formal Inspection [b] SEMIANNUALLY SEMIANNUALLY ANNUALLY ANNUALLY
or ANNUALLY
Instnnnemation AS PER OMS * ASPEROMS' AS PER OMS * N/A
MANUAL MANUAL MANUAL
Test Operation of ANNUALLY ANNUALLY ANNUALLY ANNUALLY
Outlet Facilities,
Spillway gates and
other Mechanical
Components
Emergency UPDATE UPDATE UPDATE N/A
Preparedness Plan COMMUNICA . COMMUNICA COMM]JNICA
TIONSDIRECTORY TIONSDlRECTORY TIONSDIRECTORY
SEMIANNUALLY SEMIANNUALLY ANNUALLY
Operation, REVIEW EVERY REVIEW EVERY REVIEW EVERY REVIEW EVERY
Maintenance & 7 10 YEARS 10 YEARS 10 YEARS 10 YEARS
Surveillance Plan
Dam Safety Review EVERY 710 EVERY 10 YEARS [d] [d]
[c] YEARS [d] [d]
* Operation, Maintenance, and Surveillance Manual.
[a] Site surveillance may consist of visual inspections andlor monitoring of automated
data aeqnisition systems. Reduced frequencies of visual inspections may be
determin.ed by seasonal conditions.
[b] Formal Inspections are intended as more thorough inspections performed by the
. appropriate representative of the owner responsible for safety surveillance.
[c] A Dam Safety Review involves collection of all available damrecords, field inspec
tions, detailed investigations and possibly laboratory testing. It then proceeds with
a check of structural stability and operational safety of the dam, beginning with a
reappraisal of basic features and assumptions. The levelof detail required in a Dam
Safety Review should be commensurate with the importance and complexity of the .
dam, as well as the consequences of failure.
March 10, 2000
9
FNR-2013-00257
Page 19
'!(B:C. Reg. 411/2000
WATER ACT
$chedule2
."
[d] Dam owners must conduct an annual review of conditions downstream of their dam
and notify a dani safety officer if the downstream consequence classification level
increases. The classification guide is shown iri
Schedule 1.
[provisions of the Water Act, R.S.B.C. 1996, c. 483, relevant to the enactment of this regulation:
46 (i) and (2) (d), (t), (h) and (i)]
10
Queen's Printer for British Columbia
Victoria. ::!OOO
March 10, 2000
FNR-2013-00257
Page 20
BORDEN
LADNER
GERVAIS
VANOI, 2818312: v2
Borden Ladner Gervais LLP
lawye!S-Ll'atenl&JradOomackAgents- _____ _
1200 Waterfront Centre
Received
200 Burrard Street, P.O. Box 48600
Vancouver, B.C., Canada V7X 1T2
September 3, 2010
tet: (604) 687-5744 fax: (604) 687-1415
wvlW.blgcanada.com
SEP 0 8 2010
FILE NO: 556947/000001
BY FAX & COURIER
RICK WILLIAMS
direct tel: (604) 640-4074
direct fax: (604)622-5887
email: rwilliams@blgcanada.com
BC Minishy of Environment
Penticton, BC V2A 7C8
Attention: Ken Cunningham, Regional Water Manager under the Water Act
Dear SirslMesdames:
Re Water Act Order - Alterations to Testalinden Lake Dam /
Conditional Water Licence 66123
We are the solicitors for Elkink Ranch Ltd. ("Elkink Ranch") and its
principal, Mr. Ace Elkink. We write on behalf of our client to respond to your letter dated
August 4, 2010 and the enclosed August 3, 2010 Order issued pursuant to the Water Act
against our client with respect to the above licence.
As discussed below, it is our position that Elkink Ranch is not liable for
the Testalinden Lake Dam or the breach which occurred on June 13, 20 I 0 and therefore
our client is not required to carry out the remedial work. Nevertheless, given the costs
and delay associated with an appeal of the Order, our client is prepared to carry out the
. remedial work, but it will do so under protest with full preservation of its rights and
remedies under statute and at common law, including the right to seek full recovery of all
costs fi-om the responsible patiies.
In agreeing to carry out this work Elkink Ranch does not concede, and in
fact expressly denies, the facts as set out in the Order, specifically, and without
limitation:
Elkink Ranch denies that the "works" authorized under
Conditional Water Licence 66123 include "a dam to store 45
acre-feet of water in Testalinden Lake, for storage and irrigation
purposes"
Elkink Ranch denies that it is the "dam owner and licensee in
respect of the Testalinden Lake Dam"
Elkink Ranch denies that it "is responsible for meeting
requirements of the Water Act and the British Columbia Dam
Safety Regulation in respect of the construction, maintenance,
use, operation, failure, removal and decommissioning of ...
Testalinden Lake Dam".
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Borden Ladner Gervais LLP is an Ontario Limited Liability Partnership
FNR-2013-00257
Page 21
VANOI: 2818312: v2
Elkink Ranch denies that it "is responsible for ensuring that the
Testalinden Lake Dam does not pose an ongoing risk to public
safety and to land, works and other propeliies downstream".
E&M Cattle Co. Ltd., now Elkink Ranch, was purpOliedly granted
Conditional Water Licence 66123 on August 25, 1987 (the "Licence"). The Licence
provided for the construction of authorized works on Testalinden Creek, Richter Creek
and Richter Lake to divert and re-divert water to use for irrigation purposes. The works
were to be completed by December 31, 1989. The works were never constructed and
Elkink Ranch did not make any beneficial nse of the water by the 1989 deadline (or after)
and as such, no Final Water Licence was ever issued.
At no time prior to, or since, the Licence was purpOliedly issued to
Elkink Ranch did the Province or anyone else advise our client that there were any issues
with respect to the earthen dam/roadway on Testalinden Lake. Only after the recent
washout did it come to Elkink Ranch's attention that the Province and prior licence
holder, the National Research Council. ("NRC"), were fully aware of, and failed to
address, a number of significant latent defects with respect to the dam structure which
resulted in its washout.
These defects were detailed repeatedly in inspection reports canied out
by the Province and your office dating back to the 1960's (as referenced in the Deputy
Solicitor General's RepOit - Review of the Testalinden Dam Failure). In paliicular, a
1978 inspection repOli written by your office was provided to NRC and stated that:
"The dam in its present condition is a hazard to life and
property to some of the settled areas along the Osoyoos-Oliver
highway which lies downstream of Testa/inden Lake Dam. We
recommend that the dam either be breached or reconstructed
The dam should be breached by April 1, 1978 should a
decision be made not fa reconstruct. "
The NRC was granted two TIuiher extensions to address these issues and
another letter was issued to NRC by your office highlighting the same safety concems
with a final deadline to effect remedial work by May 15, 1981. Nothing was done to the
dam and it appears that the NRC abandoned its licence in 1981 without having carried
out any of the required remedial work. Contrary to the Deputy Solicitor General's RepOli,
there was no licence holder for Testalinden Lake/Creekfrom 1981 until the Licence was
granted to Elkink Ranch in August, 1987. During that time, it appears that the Province
continued to conduct inspections of the dam and identify safety concems, but it failed to
undeliake any repairs or address these concems.
At no time did the Province, NRC or any other infOimed party advise our
client of these safety issues or their failure to effect repairs. Had Elkink Ranch been
advised of any of these issues relating to the dam, which the Province had a legal duty to
disclose, it would never have applied for or accepted the Licence, which to date has been
of no benefit. Given the longstanding knowledge of the Province regarding these safety
concems, its failure to ensure that repairs were effected, and the lack of disclosure to our
client, it is unconscionable that the Province is now attempting to transfer responsibility
-2-
FNR-2013-00257
Page 22
" ,
VAN01: 2818312: v2
for this unfOliunate event on our client who has paid less than $100 a year for a licence it
has never used.
Even if the Licence contemplates responsibility for the Testalinden Lake
Darn, which is denied, the Licence was invalidated by the Province's non-disclosure of
such material information affecting the Licence and existing works. By this Order, the
Province is now attempting to pass responsibility for the darn to Elkink Ranch through
the purported issuance of the Licence in 1987. That is improper as the Province was
obligated to act in good faith and disclose all material facts, especially those relating to
risk, which it clearly failed to do.
Finally, we note that the Province had ample notice and oppOltunity to
avert the breach and subsequent washout. The Province received at least 2 days advance
warning from a local hiker, Mr. Hal Krieger, that water was overflowing the darn and
eroding the road, whereby a complete failure was likely resulting in serious damage to
downstream property owners. Despite the Province's longstanding awareness of safety
issues with the darn, it failed to respond to the warning or otherwise take steps which
could have averted the breach
As a result of the material non-disclosures, inaction and failure of the
Province to meet its duties in issuing the Licence, Elkink Ranch is entitled to and does
hereby rescind the Licence. Alternatively, and without admitting the Licence is valid,
Elkink Ranch hereby abandons the Licence.
We enclose a Notice of Abandornnent of Water Licence with respect to
the Licence. Despite the language on the form, we dispute, and our client does not
accept, any existing or ongoing liability for damage resulting from the darn given the
Province's above noted material non-disclosures, failure to effect repairs (either by the
Ministry or prior licence holders), and failure to respond in a timely manner to remedy
the known latent deficiencies in the darn or otherwise avert the breach.
As noted above, Elkink Ranch will effect the remedial work as set out in
the Order, but it does so under protest. As such, our client will retain a professional
engineer to prepare appropriate plans and specifications for your review before
proceeding with the specified remedial work. The engineer will conduct appropriate field
reviews of the work to stabilize the breached section and ultimately issue a report as
required by the Order. We understand that Golder & Associates will be retained by our
client to perform this work and the responsible professional will be Gerald Imada, P. Eng.
We enclose a copy of Mr. Imada's resume. Please confirm that Mr. Imada and his firm
are acceptable to you to proceed in this fashion. Golder will then prepare the plans and
specifications for your review and approval before our client proceeds with the work.
- 3 -
FNR-2013-00257
Page 23
.' .
YANGl: 2818312: v2
We look forward to receiving you approval to proceed on that basis.
RLW:pc
cc: Elkink Ranch Ltd.
Attn: Ace Elkink
Yours tlUly,
FNR-2013-00257
Page 24
FNR-2013-00257
Page 25
FNR-2013-00257
Page 26
FNR-2013-00257
Page 27
Pages 28 through 36 redacted for the following reasons:
- - - - - - - - - - - - - - - - - - - - - - - - - - - -
s.22
September 13,2010
BY FAX & COURIER
BRITISH
COLUMBIA
The Best Place on Earth
BORDEN LADNER GERVAIS LLP
1200 WATERFRONT CENTRE
200 BURRARD STREET
PO BOX 48600
VANCOUVER BC V7X 1 T2
Fax: (604) 622-5887
Attention: Rick Williams
Dear Mr. Williams:
Dam File: 76915-20/220-TES
Re: Water Act Order - Alterations to Testalinden Lake Dam / Conditional Water
Licence 66123
We have your letter dated September 3, 2010. We do not accept the accuracy of the facts
and assertions made on behalf of your clients or the conclusions drawn from them.
We confirm that Elkink Ranch Ltd. has agreed to carry out the remedial work stipulated
by the Water Act Order dated August 3, 2010. Gerald Imada, P. Eng., of Golder
Associates Ltd. is acceptable as a "suitably qualified professional engineer" as required
by the Order.
The Notice of Abandonment from Elkink Ranch Ltd. (formerly E & M Cattle Co. Ltd.)
will be addressed under separate cover.

Brian S .. n s,-P .Eng.
omptroller under the Water Act
For
Ieen Cunningham, Regional Water Manager under the Water Act
Water Stewardship Division, Okanagan Region
Okanagan Region
Penticton BC V2A 7C8
Telephone: (250) 490-8200
Facsimile: (250) 490-2231
FNR-2013-00257
Page 37
cc. ELI(INI(RANCHLTD.
25451 HIGHWAY 3
CAWSTONBC VOX 1C3
(Attention: ACE EDWARD ELI(INI(, President, Secretary and Director)
Conservation Officer Service, Mike deLaronde
Comptroller of Water Rights, Ministry of Environment, Victoria
FNR-2013-00257
Page 38
t:iGOlder
~ Associates
October 8,2010
Mr. Ken Cunningham, Regional Water Manager under the Water Act
Penticton, BC
V2A 7C8
TESTALINDEN DAM BREACH STABILIZATION
Dear Sir,
Received
OCT 0 8 2010
102 Industrlai Place
,."tleton\ ee. ViA 1.
Project No. 10-1494-0239
Pursuant to the Water Act order, dated August 4, 2010, Golder Associates Ltd. on behalf of Elkink Ranch Ltd. is
submitting the attached plan showing the proposed stabilization works for the breached section of the
Testalinden Dam for your review and approval. We request a quick response given the October 31, 2010
deadline to complete the works, as well as the closing weather windows.
Should you have any questions, please contact the undersigned.
Yours very truly,
GOLDER ASSOCIATES LTD.
l ~
Associate, Senior Geotechnical Engineer
GI/jc
CC: Elkink Ranch Ltd, Ace Elkink
n:lactive1201011494 bcio geotechnicaI110-1494-0239 branch macmaster testalinden dam failurelreportslfinal wpl dam breach stabilization oct 8-10.docx
Golder Associates Ltd.
220 - 1755 Springfield Road, Kelowna, British Columbia, Canada v1Y 5V5
Tel : +1 (250) 860 8424 Fax: +1 (250) 860 9874 www. golder.com
Golder Associates: Operations in Africa, Asia, Australasia, Europe, North America and South America
Golder, Golder Associates and the GA globe design are trademarks of Golder Associates Corporation.
FNR-2013-00257
Page 39
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A
NORTH
B
WEST
PROPOSED
WATERBARS
(typical)
o 5
LOCATION
OF DAM BREACH
EXISTING CULVERT
SITE PLAN
(SCALE 1: 500)
10 15
Scale in Meters
20
APPROXIMATE DAM ---7'----\
FOOTPRINT
EXISTING ROCK
BRIDGE
25
PROPOSED DAM BREACH
EDGE
OF LAKE
I
i
CREST OF DAM BREACH
A'
EXISTING GROUND SURFACE \
EXISTING CULVERT \
STABILIZATION (See Detail 'A') V

SOUTH
\
\
0
0 5
TESTALINDEN LAKE
0 5
\
\
,
10 15
1"
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...........
10 15
/
LOCATI6N
I OF DAM BREACH
"
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20
, 30/
HORIZONTAL DISTANCE (m)
APPROXIMATE DAM WIDTH
i
20 \ 25 30
PROPOSED GRADING ALONG BOTTOM
OF BREACH USING 3.5% SLOPE
TYPCIAL SECTIONS
(SCALE 1: 200)
\
\
/
/
35
B'
EAST
35
PROPOSED
WATERBARS
(typical)
103
102
I
101
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98
97
LEGEND
.pp EXISTING POWER POLE
.Y SURVEYED LAKE WATER LEVEL (97.584m)
CONSTRUCTION SEQUENCE
1.
2.
3.
4.
5.
6.
Trim breached sideslopes to 1.75 horizontal to 1 vertical.
Maintain at least a 2.0 m wide section at bottom of breach.
Grade bottom of breached section to at least a 3.5 per cent grading
down towards the downgradrient side (easterly direction).
Place geotextile (Nilex 4551 or equivalent) along base of breach
and up along trimmed sideslopes for a distance of at least 1.5 m.
Place a minimum 350 mm thickness of Class 10 riprap material
measured at right angles to the slope. Riprap gradation
percentage to consist of rock sizes having the following
percentages of rock mass (kg):
85% greater than 1 kg mass, 50% greater than 10 kg mass, 15%
greater than 30 kg.
Excavate two waterbars/swales across full width of existing access
road on either side of the breach at the approximate locations
shown. Depth of waterbars/swales to extend to at least 0.45 m
below surface of existing access road. (waterbars/swales to
prevent formation of erosion channels in remediated breach from
uncontrolled surface water flowing down existing access road).
LOCATION

Trimmed
Sideslopes
Geotextile (Ni ex 4551 or equivalent)
20 25 35
HORIZONTAL DISTANCE (m)
DETAIL IAI - PROPOSED DAM
BREACH STABILIZATION
(SCALE 1: 125)
o 2 3 4 5
Scale in Meters
NOTES
1. FIELD SURVEY DATE SEPTEMBER 21, 2010. ELEVATIONS BASED ON RELATIVE
BENCHMARK OF 100.00 m.
PROJECT
TITLE
ELKINK RANCH
DAM BREACH STABILIZATION
TESTALINDEN LAKE, BC
SITE PLAN and
PROPOSED DAM BREACH STABILIZATION
PROJECT No. 1D-149H1239(4000) FILE 1ti.14940239_4000_survey.dwg
DESIGN GI 22SEPTl 0 SCALE As Shown REV. 0
CADD JG 22SEPTl O
FNR-2013-00257
Page 40
Q
BRITISH
COLUMBIA
October 12, 2010 Water Licence File: 8000709
Dam File: 76915-20/220-TES
BY FAX &'COURIER
FAX: 604-622-5887
200 BURRARD STREET
PO BOX 48600
Dear Mr. Williams:
Re: Water Act Order dated August 3, 2010-
Alterations to Testalinden Lake Dam I Conditional Water Licence 66123
We have received a letter dated October 8,2010 from Gerald Imada, P. Eng. of
Golder Associates Ltd. showing the proposed stabilization works for the breached
section of the Testalinden Dam. '
The proposed works are satisfactory and authorization is granted to undertake the
related work.
Upon completion of the work, ensure a report from Gerald Imada, P. Eng. of Golder
Associates Ltd. is submitted confirming that the breach in the Testalinden Lake, Dam
has been stabilized as re ired under the above-referenced Order. .
Ken Cunningham, Regional Water Manager under the Water Act
Resource Stewardship and Parks Division
Okanagan
Telephone: (250) 490-8200
Facsimile: (250) 490-2231
FNR-2013-00257
Page 41
Q
BRITISH
COLUMBIA
Ministry of
Environment
102 Industrial Place, Penticton BC V2A 7C8
o Environmental Protection Division
Kootenay & Okanagan Regions
o Environmental Stewardship Division
Okanagan Relion
o Water Stewardship Division
Okanagan Relion
Telephone: (250) 490-8200
TO: R I etc W I LU t9:m "5
FAX
SHI;:--ET
Fax: (250) 490-2231
FAX NUMBER __ __ __
PAGES TO FOLLOW: _ d- ____ DATE SENT: __ O_ C_' T_" _ '_d- --,-- I __
FROM: ___________ _
hov GJrJN( II.1(iHA-iVl
COMMENTS

THIS FACSIMILE IS INTENDED FOR THE USE OF THE INDIVIDUAL(S) TO WHOM IT IS ADDRESSED, ANY DISTRIBUTION,
COPYING OR OTHER USE BY ANYONE ELSE IS STRICTLY PROHIBITED. IF YOU RECEIVED THIS FACSIMILE IN ERROR,
PLEASE TELEPHONE US IMMEDIATELY AND DESTROY IT, THANK YOu.
L:\Templates\TEMPLATE\MOE Fax Header.doc
FNR-2013-00257
Page 42
P.
* * *
Journal ( Oct. 12. 201 0 3:55PM)
* * *
1) Pr o v of BC Pen ti cto n 25 0 - 49 0 2231
2)
(Ma 11 U a 1 p rill t )
\ TX ) F i 1 e
D ate Time Des t inat ion Mode TXt i me Page Result Use r Name No.
S e p. 3 o. 3: 14 PM 2505543990 G3 T ESM 1 - 24 " P. 4 OK 12 0 5
3 : 16 PM 2504924813 G3T ESM 4 - 19" P. 5 OK 1206
3: 21 PM 25 0 769 9053 G3TSM 4 - 02" P. 5 OK 1207
Oc t. 5. 8: 09AM 9052129041 G3 TE SM 0 - 1 9" P . 1 OK 120 8
11: 42 AM 2503569239 G3 TE SM 0- 46 " P . 6 OK 12 09
Oc t . 6. 8:33AM 250 549 1226 G3TESM 0 - 36" P. 2 OK 1210
12: 13 PM 403 652 2455 G3TESM 0 - 33" P. 4 OK 1211
1 : 24PM Fax G3TESM 0 - 37" P. 1 OK 1212
Oc t. 7. 4:04PM F ax G3 T ES M 0 - 57" P. 2 OK 1213
Oc t. 8. 9:23AM 604 596 5101 G3TESM 0- 33" P. 4 OK 1214
11: 21 AM 512509533340 G3 TE SM 0-37" P. 4 OK 1215
2: 1 8 PM 12503546332 G3TE SM 3 - 25 " P . 31 OK 1216
Oc t . 12. 2: 13 PM 512504940746 G3 TE SM 0-28" P . 3 OK 1219
3: 19 PM BLG Vancouver G3TESM 0- 2 7" P. 3 OK 1220
3:22PM 25 0 860 9874 G3 T ESM 0-26" P. 3 OK 1221
(
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FNR-2013-00257
Page 43
'D'le Best Place on Earth
Ministry of
Environment
o Environmental Protection Division
Kootenay & Okanagan Regions
o Environmental Stewardship Division
Okanagan Region
D Water Stewardship Division
Okanagan Region
102 Industrial Place, Penticton BC V2A 7C8 Telephone: (250) 490-8200
TO:
GtG1ZA-LD 1!11A-/OA-
FAX
SHEET
Fax: (250) 490-2231
FAX NUMBER __
PAGES TO FOLLOW:,:..... _ 2 ____ DATE SENT: __ O_C_' \=---- ' _ \ __
FROM: ________ _
KeN L-Jf'JN{ NGl1f\VVl
COMMENTS
S yO Q,N 5 '''-{ auf-
Kt '- W
TT'e VL '\:)I{\ IQ U c" 'l ( l ()
D'AfV( L \
THIS FACSIMILE IS INTENDED FOR THE USE OF THE INDIVIDUAL(S) TO WHOM IT IS ADDRESSED, ANY DISTRIBUTION,
COPYING OR OTHER USE BY ANYONE ELSE IS STRICTLY PROHIBITED, IF YOU RECEIVED THIS FACSIMILE IN ERROR,
PLEASE TELEPHONE US IMMEDIATELY AND DESTROY IT. THANK YOu.
L:\Templates\TEMPLATE\MOE Fax Header.doc
FNR-2013-00257
Page 44
P.
* * *
Journal ( Oct. 12. 2010 3:55PM)
* * *
1) Prov of BC Pent icton 250-4902231
2)
(Ma n u a 1 p r i n t)
\ TX ) F i 1 e
D ate Time Dest inat ion Mode TX tim ePa g e Result User Name No.
S e p. 30. 3: 14PM 2505543990 G3TESM l' 24 " P. 4 OK 1205
3: 16PM 2504924813 G3TESM 4' 19" P. 5 OK 1206
3:21PM 250 769 9053 G3TSM 4' 02 " P. 5 OK 1207
Oct. 5. 8:09AM 9052129041 G3TESM 0' 19" P. 1 OK 1208
11:42AM 2503569239 G3TESM 0' 46" P. 6 OK 1209
Oc t . 6. 8:33AM 250 549 1226 G3TESM 0' 36" P. 2 OK 1210
12: 13PM 403 652 2455 G3TESM 0' 33" P. 4 OK 1211
1: 24PM Fax G3TESM 0'37" P. 1 OK 1212
Oc t. 7 . 4:04PM Fax G3TESM 0'57" P. 2 OK 1213
Oc t. 8. 9:23AM 604 596 5101 G3TESM 0' 33" P. 4 OK 1214
11: 21 AM 512509533340 G3TESM 0 ' 37" P. 4 OK 1215
2: 18 PM 12503546332 G3TESM 3' 25 " P. 31 OK 1216
Oct. 12. 2: 13 PM 512504940746 G3TESM 0' 28" P. 3 OK 1219
3: 19PM BLG Vancouver G3TESM 0' 27'" P. 3 OK 1220
3 : 22PM 250 860 9874 G3TESM 0 ' 26 "' P. 3 OK 1221
(
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TX Count 003571 RX Count 000002
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FNR-2013-00257
Page 45

-Associates
November 9,2010
Received
NOV 1 0 2010
P
102, IngYstrt,,; Place
tnt oton, BO V2A 708
Mr. Ken Cunningham, Regional Water Manager Under the Water Act
Project No. 10-1494-0239
WATER ACT ORDER - ALTERATIONS TO TESTALINDEN LAKE DAM/CONDITIONAL WATER LICENCE
66123
Dear Sir,
This letter confirms that the breach in the Testalinden Lake Dam has been stabilized as per the above order.
The work was carried out by Elkink Ranch on October 26, 2010 and supervised by an on-site Golder Associates
Ltd. technologist. With the exception of one change, the breach was stabilized as per the recommendations
presented in Golder's letter dated October 8, 2010. The one change was that the rip rap on the trimmed slopes
was increased to a height of 2.0 m instead of 1.5 m.
The attached figure shows the as-built breach.
We trust the foregoing provides you with the information that you require at this time. Should you require
additional information or have any questions, please do not hesitate to contact the undersigned at your earliest
convenience.
Yours truly,
47/--
Gerald Imada, P.Eng.
Associate, Senior Geotechnical Engineer
GI/jc
CC: Elkink Ranch, Ace Elkink
Attachments: Figure 1: Site Plan Showing As-Built Breach Remediation
n:\active\201 0\1494 bcio geotechnical\1 0-1494-0239 branch macmaster testalinden dam failure\reports\final drafi\water act order testalinden lake dam nov 9-1 O_docx
220 - 1755 Springfield Road, Kelowna, British Columbia, Canada V1Y 5V5
Tel : +1 (250) 860 8424 Fax: +1 (250) 860 9874 www_golder.com
Golder Associates: Operat ions in Africa, Asi a, Australasia, Europe, North America and South America
FNR-2013-00257
Page 46
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CONSTRUCTED
WATER-BARS
Existing Ground Surface
Trimmed side slope
5
EXISTING ROCK BRIDGE
AS-BUILT REMEDIATION LIMITS
EDGE
OF LAKE
SITE PLAN
(SCALE 1: 500)
Scole In Meters
350 mm Rlprap thickness with
non-woven geotextJle separator
SECTION A-AI
CONSTRUCTED BREACH REMEDIATION
(SCALE 1: 125)
o 2 3 4 5
Scale in Met er s
CREST OF RE-GRADED
)
SIDESLOPE
--/
CONSTRUCTED
WATER-BARS
PHOTO 2 LOOKING EAST AFTER INSTALLATION OF ANGULAR SHOTROCK RIPRAP COVER FOR A
MINIMUM 350 mm THICKNESS. RIPRAP WAS INCORPORATED INTO THE EXISTING ROCK BRIDGE ROCK
LOCATED AT n lE WEST INLET END OF THE THE SPILLWAY.
LEGEND
. pp EXISTING POWER POLE
y.. SURVEYED LAKE WATER LEVEL (97.564m)
.. TEMPORARY FIELD SURVEY BENCHMARK (relative elevation)
AS-BUILT CONSTRUCTION NOTES
1. Breached side slopes 1rtnmed back to about 1.9 horizontal to 1
vertical as shown on Section A-A' and site photo.
2. Bottom of breach re-gradecl to provide an overall grade of 3.9 per
cent before placement of rlprap cover material.
3. Non-woven geotextlle (Dewitt, productFF60l12.5360 product
placed along base of re-graded breach and extending up along the
trimmed side slopes for a distance of at 2.0 m. (See Photo 1).
4. Nominal 350 mm thickness of Oass 10 rlprap material placed over
noo-woven geotextlle. (See Photo 2).
5. Riprap material incorporated into the existing rock bridge material.
6. Four water-bars/swales constructed across the existing access
road width at the locations shown.
PHOTO 1 - LOOKIr-lG WEST TOWARDS TESTALINDEN LAKE AFTER INSTALLATION OF A NON-WOVEN
GEOTEXTILE BEFORE RIPRAP PLACEMENT. GEOTEXTILE EXTENDS UP THE TRIMMED SIDE SLOPE A
DISTANCE OF 2.0 II\.
NOTES
TfTl
ELKINK RANCH
DAM BREACH STABILIZATION
TESTALINDEN LAKE, BC
SITE PLAN SHOWING
AS-BUILT BREACH REMEDIATION
. :. -
DESIGN GI 22SE?Tl0 SCALE As Shown REV. 0
CADD RT 1 NOV1 0
CHECK
FIGURE: 1
REVIEW
FNR-2013-00257
Page 47
BI{ITISH
COLUMBIA
'The Best Place on Earth
January 24,2011 Water Licence File: 800709
Dam File: 76915-20/220 TES
REGISTERED MAIL
200 Burrard Street
PO Box 48600
Vancouver BC V7X 1 T2
Dear Mr. Williams:
Re: Order to Stabilize Testalinden Lake Dam Breach - Acceptance of Work
I have received a letter dated November 9, 2010 from Gerald Imada, P.Eng. of Golder
Associates Ltd. confirming that Testalinden Lake Dam has been stabilized as per my
ORDER, issued August 3, 2010 under the WATER ACT, R.S.B.C. 1996, c.483, and the
British Columbia Dam Safety Regulation.
I accept that this work satisfies the requirements of the Order to stabilize the breach.
In reference to your letter dated September 3, 2010, advising of Elkink Ranch Ltd.'s
proposal to abandon Conditional Water Licence 066123, please note that a response is
forthcoming under separate cover.
Sincerely,
Ken Cunn' gham
Water Stewardship
Thompson Okanagan Region
cc: Elkink Ranch Ltd., Attn: Mr. Ace Elkink
Ministry of
Natural Resource
Operations
Regional Operations
Thompson Okanagan
Okanagan Shuswap District
Mailing i\ddress:
Telephone: (250) 49()-82()()
Facsimile: (250) 490- 22.'11
Website: www.gov.bc.ca/nro
FNR-2013-00257
Page 48
BI{ITISH
COLUMBIA
January 24, 2011 Water Licence File: 800709
Dam File: 76915-20/220 TES
REGISTERED MAIL
200 Burrard Street
PO Box 48600
Vancouver, BC V7X 1 T2
Dear Mr. Williams:
Re: Proposed Abandonment of Water Licence CWL 066123
I refer to your letter dated September 3, 2010, advising of Elkink Ranch Ltd.'s proposal
to abandon Conditional Water Licence ("CWL") 066123 - Testalinden Creek/Lake. In a
related letter also sent today, I have accepted the work completed under the Order to
stabilize the Testalinden Lake dam breach to prevent further risk and damage during this
spring's freshet.
CWL 066123 authorizes a dam and the storage of water on Testalinden Lake. As
previously stated, Elkink Ranch Ltd. is the licence holder and the owner of land to which
the licence is appurtenant and, as such, is considered to be the "dam owner" for the
purposes of the Water Act and the British Columbia Dam Safety Regulation (the
"Regulation").
Regarding the proposal to abandon this licence, I direct your attention to section 9 of the
Regulation as it relates to the requirements for abandoning or de-commissioning a dam.
For ease of reference, section 9 of the Regulation is attached. In addition to the
stabilization work carried out to date, the abandonment and de-commissioning of
Testalinden Lake dam will involve additional steps to be undertaken by your client under
the direction of his qualified professional. These steps should include an assessment of
the recently stabilized dam breach to ensure its long term effectiveness and, if not
effective, to recommend additional work to be incorporated into the plan for
decommissioning of the dam.
Ministry of
Natural Resource
Operations
Regional Operations
Thompson Okanagan
Mailing Address:
Penticton BC V21\ 7CS
. .. /2
Telephone: (250) 490-S200
Facsimile: (250) 490-2231
Website: www.gov.bc.ca/nro
FNR-2013-00257
Page 49
Page 2
January 24, 2011
Therefore, I ask that your client engage his qualified professional to review the situation
post freshet 2011. He should then advise me by letter before July 1, 2011 as to how
effectively the stabilization functioned during this year's freshet; recommend any further
measures; and propose a plan for abandoning and decommissioning the remnants of the
dam in accordance with the Regulation.
In addition to the long term functionality of the dam breach, the plan submitted by your
client's qualified professional must address re-vegetation of disturbed soils, as well as the
safety concerns for public access that are posed by the steep slopes of the remaining
portions of the breached dam (such as by cutting back slopes to gentler slope gradients
and putting warning signage in place at both ends of the dam).
If your client or his qualified professional requires more information regarding the
decommissioning / abandonment process, please contact Michael Noseworthy, Dam
Safety Officer for the Okanagan Shuswap District, at (250) 490-2291.
Sincerely,
Ken Cunnin am
Water Stewardship
Thompson Okanagan Region
Attachment
FNR-2013-00257
Page 50
Suspension of normal operation or removal of a dam
9 (1) A dam owner must give the comptroller or regional water manager at least 60 days
written notice before undertaking any of the following activities:
(a) removing all or a significant part of a dam;
(b) decommissioning or abandoning a dam;
(c) stopping the normal operation of a dam for a period of time longer than one
year.
(2) The dam owner must prepare, and submit to a dam safety officer for approval,
(a) a plan respecting an activity under subsection (1) (a) or (b), or
(b) if required by the dam safety officer, a plan respecting an activity under
subsection (l ) (c).
(3) The dam owner must, at least 14 days before the date on which the work is expected
to commence, notify a dam safety officer before commencing any work under the
approved plan.
(4) The dam owner must submit to a dam safety officer, on the completion of the work
performed under the approved plan, a report on the work and the manner in which it was
performed.
(5) The dam owner must undertake any further actions that the comptroller or regional
water manager requires to alleviate any adverse consequences to any person, the
infrastructure or works, other property or the environment that may be affected by any
work performed on the dam.
(6) An approval under subsection (2) respecting the decommissioning of a dam is subject
to the Environmental Assessment Act and to approvals, if any, required under that Act.
FNR-2013-00257
Page 51
03/0.1I2011 FRI 09: 29 FAX 60,1 6,10 <1192 BORDEN LADNER GERVAIS
BLG
Borden Ladner Gervais
Borden Ladner Gervais LlP
1200 Waterfront
200 Burr.ard St, P.O. Box 48600
VMcou\ler, Be, Canada V7X 1T2
blg.com
MESSAGE:
T 604.687,5744
F 604.667.1415
Please see attached.
VAiJ01: 2903578' v1
l3-!'F'I'; j Paler.[ &. Trade-mark A9{,'-!1\!;.
DATE: March 4, 2011
PAGES (inClusive): L\
To: Ken Cunningham, Regional Waste Manager
CLIENT NO: 556947
MATTER NO: 000001
under the Water Act F (250) 4902231
Company Be Ministry of Environment T (250) 4908200

From:
F
T
RICK WILLIAMS
(604) 622-5887
(604) 640-4074
rwllliams@blg.com
Original will ...
Follow by mail.
Follow by courier.
VBe held on file.
If you did not all the pnges, please call the Wldersigncd operator :U
soon as possible.
Pearl Chin (604) 632-3489
Tr.is f<i1. ;-,;/jirC'(.kd in tMlidenr,e zo1el:;!6 tile rla'TIed enj nol t;\herv,i,e cop,M 01 The t,ofltenl& ohl{,. fil:t. ma-f 21:;:0 ba sub;cd 10
<tfld fill flghlS 10 In,,\ !JR da"rred 2no nO\I',ai.-tlo. If;O\I Iilh in elffit', piea!:.e nutJfy us by ThJl'I1( for you( ams.:Jnce.
FNR-2013-00257
Page 52
03/01/2011 FRI 09: 29 FAX SO1 SIO H92
BORDEN LADNER GERVAIS
RICK WILLIAMS
T 604.640.4074
F 604.622.5887
rwiIJiams@hlg.ccm
File No. 5569471000001
Marcl1 4, 20 II
Border'! Ladnor Gervais LLP
200 Burrard St. P.O. 80<48600
Vancouver, BC, Canada VlX 112
T 601.687.5744
F 604.687.1415
blg.com
Deliverl'd by Facsimile (250.490.2231)
Be Ministry of Environment
I02lndustrial Place

Boril eh LatineiGervais',
Dcar Sirs/Mesdames:
Rc: Acceptance of Work and Abandonment of Conditional Licence 066123
As you know, we are counsel for Elkinl Ranch Ltd. ("Elkink Ranch"). We write in response to
YOLlT two letters dated January 24, 2011.
You refer to our letter dated September 3, 2010 as advising of our client's proposal to abandon
Conditional Water Licence 066123 (the "Conditional Licence"). That is incorrect. Our letter "
clearly states that Elkink Ranch rescinded the Conditional Licence. Furthermore, our client !'

abandoned the Conditional Licence by completing and delivcring to you a signed Notice of L
Abandonment in the prescribed fornl. The legislation and the Notice do not require your officc to
accept the abandonment before it is effective. As such, the Conditional Licence was rescinded r:
;-;-'
and abandoned more than 4 months prior to your letters.
On August 3, 2010, you issued an Order pursuant to the Water Act against our client requiring
that certain work be carried out (0 the Testalinden Lake dam (the "Dam"). Given tbe costs and
delays associated with an appeal of the Order, we con finned that our client was prepared to carry
out the remedial work; however, it would only do so under protest with full preservation of its
rights and remedies under statute and under common law, including the right to seek full recovery
of alJ costs from the responsible parties. This was confimled in our September 3'" letter, which
included the Notice of Abandonment and sought Y0Lll' approval of Gerald Imada of Golder
Associates to carry out the work.
- 1 -
VAN II J: 2890880: v)
13\''/ysr.> I Palanl & Trude(T1;).(i< Borden Ladner Gsr'tais LLP i$ an Onlanc Limited Li9.bilily
.
,
FNR-2013-00257
Page 53
03/0,1/2011 FRI 09: 29 FAX 60,1 6,10 <l192
13L.GtOD
Borden Ladne, Gervais .
We received a letter dated September 13, 2010 from Mr. Brian Symonds, D1Uty Comptroller of
your office (and on your behalf), confirming receipt of our September 3' letter. Your office
eonfrrmed that our client would carry out the remedial work stipulated in the Order and that Mr.
!mada was a "suitably qualified professional engineer" as required by the Order. Mr. Symonds
also stated that the "Notice of Abandonment" would be addressed llilder separale cover. We
received nothing further from your oHice regarding the Nolice of Abandonment until receiving
your recenllettcrs.
On October 8, 2010, Mr. !mada submitted a letter and attached plan to your offIce for your review
and approval, showing the proposed work to stabilize the Dam and comply with the Order.
On October 12, 20 I 0, we received another letter from Mr. Symonds on your behal f, confirming
receipt of Mr. lelter and advising that that the "proposed works are satisfactory and
authorization is granted to undertake the related work". At no point were we or our client (or Mr.
Imada) lhal the work was insufficient, lhal it would present any "safely concerns for
public access" or that any further work would be required.
On November 9, 2010, Mr. Imada wrotc to you confirming that the work had been completed as
per the approved scope with one noted improvement. Mr. Imada enclosed an as-built drawing of
the completed work and he confirmed that the Dam had been stabilized and the worIc was
perfolmed as required by the Order.
We heard nothing further from your office until receiving your January 24, 2011 lelters. We note
lhal in one of your letters, you refer to Mr. lmada's November 9, 2010 letter and contlrm that
"this work satisfies the requirements of the Order". You also refer to our client's Notice of
Abandonment and that a response is coming under separate cover. We have already dealt with
that issue above. However, your other letter now advises that you require our client to carry out
nllther work \vith respect to the Dam. With respect, Elkink Ranch has completed all works under
the Order with your approval and acceptance. Any further work that is requested after the
Conditional Licence has been rescinded and abandoned is not our client's responsibility.
As you are aware, it is our position that Elkinlc Ranch is not liable for the Dam, or the breach
which occurred on June 13,2010. We remind yO'll that the earthen Dam was built back in the late
1930' s on Crown lands. The Dam and access road remain on Crown lands and under your
control. Neither were constructed, nor ever altered by our client, lhough they have been altered
by others.
While our client disputes thal il has, or cvcr had, any responsibility for the Dam, it is preparcd to
have Mr. Jmada cany out the post-freshet inspectiol1 requested and report his findings regarding
the adequacy ofthe work performed. Our client doe:; so again under protest, with full preservation
of its rights and remedies under starute aed at common law, including the right to seek full
recovery of all costs from the responsible parties.
2
VANO \. 28908RO' '\.'3
FNR-2013-00257
Page 54
03/0412011 FRI OS: 30 FAX 604 610 US2 BORDEN LADNER GERVAIS
a ..
,'VAllCO"UYFR
BCir'den l:adner -Ge(iiafs
We are advised by Mr. Imada thal no traffic (vehicular or foot) should be permitted near the Dam
struchlrc and in particular, over and adjacent to the stabilized section. Any such lraf11c risks
further damage and adversely impacts the effeotiveness of the stabilization work that was carried
out. As the Dam is located on Crown lands, the Province is responsible for ensuring that access
is not permitted and that appropriate signage is erected. We will write to you further after Mr.
Imada has mude his inspection and provided his report.
Yours truly,

RLW:wd
cc: Elkink Ranch Ltd.
- 3 -
VANDI: 2890880: '13
FNR-2013-00257
Page 55
06/17/2011 FRI 15:31 FAX 640
L3LG
Borden Ladner Gervais LLF
200 Burrard St, P.O. Box 48600
Vancouver. BC. Canada V7X 1T2
bIg. com
MESSAGE:
T 604.687.5744
F 604.687.1415
Please see attached.
VANQ1: 2903578: v1
DATE: June 17, 2011
PAGES (inclusive):
To: Ken Cunningham, Regional Waste Manager
CLIENT NO: 556947
MATTER NO: 000001
under the Water Act F (250) 4902231
Company: Be Ministry of Environment T (250) 490-8200
From:
F
T
RICK WILLIAMS
(604) 622-5887
(604) 640-4074
rwilliams@blg.com
Original will ...
Follow by mail.
Follow by courier.
Be held on file.
1f you did not receive all the pages, please cflll the undersigncd opcrlltor liS
soon as possible.
Pellr) Chin (604) 632-3489
Lawyers I Palent & Agenls Sorden Ladner Gervei. LLF i8 en Onlario Limiled Liability
Thi. ia:t. i5 d:recled in confidence ;olely !O the person narr,ed end may nol olhe!wi6e be dl.lribuled. copied or Tne contenTS of this 13>' may al.o be subje:IID
privilege and a'i rights 101M! prlvllege 3re expressly cl3imed and not weiva,j. If you ha,e recei'eo this fax in errOr, plea .. e nalily Immediately by Ielephone. Thank you fer your
FNR-2013-00257
Page 56
06/17/2011 FRI 15:31 FAX 604 640 4192
RICK WILLIAMS
T (604) 640-4074
F (604) 622-5887
rwilliams@blg.com
File No. 556947/000001
June 17,2011
Borden Ladner G&rvals LLP
200 Burrard St. P.O. Box 48600
Vancouver, BC, Canada VTX 1T2
T 604.687.5744
F 604.687.1415
blg.com
Delivered by Facsimile (250.490.2231)
Be Ministry of Environment
Penticton, Be V2A 7C8
Dear Sir:
Re: Acceptance of Work and Abandonment of Conditional Licence 066123
We refer to your January 24, 2001 letter and our March 4,2011 response. You had requested that
:Mr. Imada review the effectiveness of the stabilization work, post freshet, and report his findings
to you before July 1, 2011. Mr. !mada has been unable to access the area to date due to the heavy
snowpack and late spring melt. He expects that he should be able to get up there: in the next
couple of weeks and report his findings by August 1, 2011. Should you or any others in the
Ministry have further questions or concerns in this regard, please contact our office and not Mr.
hllada directly.
We remind you that Mr. Irnada has advised that no traffic (vehicular or foot) should be pennitted
near the dam and in particular, over and adjacent to the stabilized section. Any access could
result in further damage and/or adversely impact the effectiveness of the stabilization work. The
Province, as owner of these lands, is responsible for ensuring that access is not pcnnitted.
Yours truly,
"-----:::::::>'
RLW:pc
cc Elkin.k Ranch Ltd.
VANOI: 29417J4: vi
~ I S I Palent 8. TI1lda-merk Agents Borden Uldrer Gervais UP is an Onlario UMlied Uat:ilily Pannership
FNR-2013-00257
Page 57
July 8, 2011
200 BURRARD STREET
PO BOX 48600
Dear Mr. Williams:
BRITISH
COLUMBIA
Dam File: 76915-20/220 TES' t
REGISTERED MAIL
Re: Extension of time for Review of Effectiveness of Stabilization Work
I refer fo your letter dated June 17,2011, indicating client's consultant, Mr. Imada,
P.Eng., needs additional time to review the effectiveness of the Testalindefl Dam stabilization
work done post freshet. As requested, I am responding to you directly instead of Mr. Imada. A
submission date of August 1, 2011 for the report, as requested, is acceptable.
As a general point, Mr. Imada should turn his mind to the work required to fully de-commission
the dam.
.
Mr. Imada has apparently indicated that no traffic (vehicular or foot) should be permitted near the
dam and, in particular, over and adjacent to the stabilized section. I must point out that this
reservoir is within the boundaries of the South Okanagan Grasslands Protected Area and is
subject to recreational hiking. There are also two range tenures in the area. Cattle will be grazing
throughout the area. In addition, although vehicle traffic in this area is prohibited, enforcing this
prohibition has proven difficult over time. The final de-commission plan must contemplate these
types of uses. '.
If your client, or his qualified professional, require additional information regarding the
decommissioning/abandonment process, please contact Michael Noseworthy, Dam Safety Officer
for the Okanagan Shuswap District, at (250) 490-2291.
Sincerely,
Ken Cunningh
KC/mn
Ministry of
Forests, Lands and
Natural Resource Operations
. Okanagan Shuswap District
Penticton, BG V2A 7G8
Telephone: (250) 490-8200
Facsimile: (250) 490-2231
FNR-2013-00257
Page 58
RICK WILLIAMS
T (604) 6404074
F (604) 622 5887
rwilliams@blg.com
File No. 556947/000001
Borden Ladner Gervais llP
1200 \'/atcrlron! Centre
200 Burrard St, P.O. Box 48600
Vancouver. BG. Canada V7X 1T2
T 604.687.5744
F 604. 687. 1415
blg.com
(
aLG
inn
VANCO UV E R
Received
July 13, 2011
JUL 1 4 2011
Delivered by Courier
lOll Inaystrlal Plaae
Pentlcton, 90 V2A 7Ca
Attcntion: Ken Cunningham, Regional 'Yater Manager under the Water Act
Dear Sir:
Re: Acccptance of 'York and Abandonment of Conditional Licence 066123
Dam File: 76915-20/220 TES
We refer to our letters dated March 4 and June 17,2011. Mr. Imada completcd hi s revi ew of the
effectiveness of the stabili zation work on July 4, 20 11. We enclose a report from Mr. [mada
which confirms that there has been no post freshet changes to the dam stabili zat ion work
undertaken last year, the stabili zed breach is effecti ve and it should continue to aCL as a permanent
structure.
Yours truly,
Rick Williams
RLW:pc
Encl osure
,
cc Elkink Ranch Ltd.
Attn. Gerald Imada
VANOI : 2949379: vi
lawyers I Patent & Trade-mark Agents Borden Ladner Gervais Ll P is an Ontario limi ted liabili ty ParlnelShip
FNR-2013-00257
Page 59

Associates
July 8,2011
Mr. Ken Cunningham, Regional Water Manager Under the Water Act
Project No. 1014940239-001-L-Rev1
WATER ACT ORDER - ALTERATIONS TO TESTALINDEN L.AKE DAM, WATER LICENCE 66123, POST
FRESHET INSPECTION OF THE DAM BREACH STABILIZATION WORKS
Dear Sir,
As requested, on July 4, 2011, the undersigned conducted a post freshet inspection of the dam breach
stabilization works which were completed on October 26, 2010. The purpose of the inspection was to determine
whether there had been any changes to the stabilization works over the 2011 Spring freshet.
Based on the undersigned's visual observations there were no visible changes to the stabilized breach. With the
absence of any outside interference, the stabilized breach should continue to act as a permanent structure.
However, it should be noted that it was observed that unknown persons have been placing rocks in front of the
stabilized breach to provide vehicle access to the north side of the dam (see attached photographs).
Yours very truly,
, 7/
Imada, P.Eng.
Principal, Senior Geotechnical Engineer
GI/cfh
Attachments: Site Photographs
n:\active\201 0\ 1494 bcio geotechnical\1 0-1494-0239 branch macmaster testalinden dam failure\reports\jlnal wp\1 014940239-001 -I-rev1-post freshet inspection-08jul_11 .docx
Tel : Fax: www.golder.com
Golder Associates: Operati ons in Africa, Asi a, Australasia, Europe, North America and South America
FNR-2013-00257
Page 60
N:\Active\20 1 0\ 1494 BCIO Geotechnical\ 10-1494-0239 Branch MacMaster Testalinden Dam Failure\Drafting\CAD\ Drawing file: 1014940239_ 4000_PHOTOS.dwg Jul 08, 2011 - 9:09am
PROJECT
TlT1.E
TESTALINDEN DAM BREACH
OLIVER, B.C.
SITE PHOTOGRAPHS
<1J
GoI
4er
PROJECT No. 10-1494-02J9.4000 FlLE
DESIGN GTl 06JU111 SCALE AS SHOWN REV. 0
CADD SWD 07JU111
- AssoCiates
CHECK Gll 07JULll
PLATE: 1
Kelowno. Be REVIEW Gll 07JULI I
-----,-
FNR-2013-00257
Page 61
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FLOWING
VIEW OF DOWNSTEAM SIDE OF DAM BREACH REPAIR
PROJECT
TITLE
OLIVER, B.C.
SITE PHOTOGRAPHS
z ~ ____________________________________________________ ______________________________________ ________ ~
FNR-2013-00257
Page 62
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VIEW LOOKING NORTH ALONG ACCESS ROAD (FENCING AND ROAD BARRIER RELOCATED
BY UNKNOWN PERSONS. THE FENCING AND ROAD BARRIER WERE PRESENT DURING
AUGUST 18, 2010 SITE INSPECTION
VIEW OF UPSTREAM SIDE OF DAM BREACH REPAIR
PROJECT
TITLE
OLIVER, B.C.
SITE PHOTOGRAPHS

PROJECT No. 10-1494-02:19.4000 FILE No.101494023L4000.J'HOTOS
(!II Gol4er
DESIGN GTI 06JUL11 SCALE AS SHOWN REV. 0
CADD SWD 07JULll
- AssOCIates
CHECK GTI 07JULll
PLATE: 3
Kelowno. Be REVIEW GTI 07JUL11
FNR-2013-00257
Page 63
September 27,2012
REGISTERED MAIL
200 Burrard Street
PO Box 48600
Vancouver BC V7X 1 T2
Dear Mr. Williams:
BRITISH
COLUMBI1\
Dam File: 76915-20/220 TES
Re: Acceptance of Works as Permanent Decomlmissioning of Testalinden Dam
We refer to your letter dated July 13,2011, Re: Acceptance of Work and Abandonment
of Conditional Licence 066123, Water Licence File: 800709, Dam File: 76915-20/220
TES, and the attached letter report provided by Gerald Imada, P. Eng. , of Golder
Associates dated July 8, 2011 RE: Water Act Order -- Alterations to Testalinden Lake
Dam, water Licence 66123, Post Freshet Inspection of the Dam Breach Stabilization
Works.
In his letter report Mr. Imada has advised that the "stabilized breach should continue to
act as a permanent structure". We infer from this that the stabilized breach constitutes a
permanently decommissioned dam and that no additional works are required. As such,
we accept the works to date sufficient to consider the dam permanently decommissioned.
Sincerely,
Ken Cunningham
KClmn
Ministry of
Forests, Lands and
Penticton, Be V2A 7Ga
Telephone: (250) 490-8200
Facsimile: (250) 490-2231
FNR-2013-00257
Page 64
~ ~ ~ ~ ~ ~ .
Ministry of
Forests, Lands and
BRITISH
COLUMBIA
File: 8000709
April 25, 2013
.Borden Ladner Gervais LLP
200 Burrard Street
PO Box 48600
Vancouver BC V7X 1T2
Dear Mr. Williams:
Re: Abandonment of Water Licence C066123
As per Notice of Abandonment for Water Licence C066123, we have updated our records to
reflect Water Licence C066123 abandoned as of September 3,2010.
Monies paid may be refunded, in whole or in part, as determined by the Comptroller of Water
Rights. The refund may be credited towards rentals, fees, or charges under the Water Act or
applied to any outstanding debts to the Province in accordance with the Financial
Administration Act.
Golder Associates' letter of July 8, 2011 concluded the stabilized breach should continue to
act as a permanent structure, however, the work undertaken to permanently decommission the
dam only comprises a partial removal of the works. Regardless of the abandonment of the
rights held under this licence, the owner ofthe property or undertaking to which the licence
was appurtenant is not relieved of liability for damage resulting from any remaining works.
If you have any questions or comments, please contact this office.
Sincerely,
KenCunnin
Resource Manager
KClbjm
Ministry afForests, Lands and Okanagan Shuswap Natural Resource District
Mailing Address: .
Penticton Be V2A 7C8
Tel' (250) 490-8200
Fa."'(; (250) 490-2231
Website: www.gov.bc.ca/for/dos/
FNR-2013-00257
Page 65

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