The Deputy Comptroller apportioned equal quantities of water to three different domestic users on Cub Creek near Williams Lake, B.C. The appellants appealed the terms of the license stating that since they had been using the water the longest they should receive the highest quantity. The other two users had not resided on their lots and the appellant argued that they have forfeited their right to use any of the water of Cub Creek.
The Board upheld the apportionment scheme of the Comptroller. It agreed with the Comptroller that a person does not lose their right to water through failing to exercise those rights as provided by section 2 of the Water Act.