Decision Date: November 17, 2000

Panel: Cindy Derkaz

Keywords: Water Act – ss. 53, 57, 58, 59; assessment roll

This was an appeal by the Peterson Creek Water Users’ Community (“PCWUC”) of the decision of the Deputy Comptroller of Water Rights (“Deputy Comptroller”) to allow an appeal by Chinook Cove Ranches Ltd. (“Chinook”) against an assessment levied by PCWUC. The Deputy Comptroller held that the assessment prepared by PCWUC against Chinook was invalid, as it did not meet the requirements of section 57 of the Act. The PCWUC sought an order reversing the Deputy Comptroller’s decision, and confirming the assessment.

The Board found that the Deputy Comptroller was correct in determining that the assessment was invalid. In particular, the Board found that the assessment did not state the amount of money estimated to be required by the water users’ community, the sum assessed against each member proportionate to the member’s interest in the PCWUC, or the place of payment of the assessment, as required by section 57 of the Act. Accordingly, the appeal was dismissed.