Bill 51 (Legislature 11, Session 3)

L11 S3 7079

Alberta — Bills

Bill No. 51 of 1950. A BILL RESPECTING THE ST. MARY AND MILK RIVERS DEVELOPMENT. NOTE. This Bill enacts a new Act to be known as "The St. Mary and Milk Rivers Development Act, 1950", which repeals and replaces The St. Mary and Milk Rivers Developntent Act, being ,chapter 5 of the Statutes of Alberta, 1946. The provisions of the former Act are re-enacted in this Bill with only minor modifications.

The majority of the Bill, however, consists of new provisions relating to the management and operation of the project in a manner similar to other irrigation districts and providing a ,coloniza tion manager to handle the colonization and administration of the land. It appeared desirable that all the legislation on this subject should be consolidated into one Act. The Bill is divided into two Parts.

Part I re-enacts, with minor changes, the provisions of

chapter 5 of 1946 and also includes the new provisions dealing with the luanagement and operation of the irrigation project.

Part II provides for the incorporation of a colonization manager to handle the administration and the colonization of the lands in- cluded in the district. ' Many of the provisions of

Part I are analagous to the provisions of The Irrigation Districts Act and have the gen eral effect of giving the manager the powers, duties and responsibilities of a board of trustees under that Act. Some special sections are required, however, in view of the fact that there are two separate types of agreements, namely, those taken over by the government by the agreement forming

Schedule I of this Act and those which are or will be entered into by the manager in the future. Some special sections are also necessary because of other differences in organization between the St. Mary and Milk Rivers Develop ment and an ordinary irrigation district as constituted under The Irrigation Districts Act.

Part II is modelled after and is analagous to The Leth bridge Northern Colonization Act. The powers, duties and responsibilities of the colonization manager are similar to those of the Lethbridge Northern Colonization Manager. Sections 3 to 10 inclusive simply re-ena'ct the provisions of the 1946 A,ct ratifying the agreement forming

Schedule I of the Act with some minor modifications.

Section 3 (3) provides that the provisions of the agreement forming

Schedule I shall prevail over those of the Act in case of discrepancy.

Section 11 is similar to

section 11 of the Act of 1946 and sets out the powers of the government. Sections 12 13 and 14 are similar to the corresponding sections in th~ Act of 1946. They provide for the appoint ment of the manager, create him a corporation an.d make provision for his salary, head office and .for. apPOIntment of a person to act in the manager's behalf In hIS absence.

Section 15 is modelled after

section 13 of The I rriga tion Districts Act. It deals with damages arising from leakage, seepage, overflow or flooding. The

section pro vides that notice of claims against the manager for losses due to farming lands being affected for agricultural pur poses shall be given to him by the first of November. The manager may investigate and settle claims for less than fifty dollars. Other claims are referred to the irrigation council and if no settlement is arrived at the matter is determined by the Board of Public Utility Commissioners or alternatively by a water court appointed by the Lieuten ant Governor in Council. Decisions and settlements made are binding on the parties and there is no appeal.

Sections 16 and 17 set out the powers and duties of the manager. They parallel sections 15 and 16 respectively of the Act of 1946. In addition the powers of the manager are extended to give the manager comparable powers to a board of trustees under

section 12 of The Irrigation Districts Act to enter on land, to farm lands vested in him and to do necessary acts and things relating to the generation, trans formation and transmission of electric power.

Section 18 re-enacts the substance of

section 17 of the Act of 1946. It provides that the property and money received by the manager is the property of His Majesty and author izes the Provincial Treasurer to make advances to the manager where necessary. Sections 19 and 20 cover the same subjects as

section 14 of The Irrigation Districts Act.

Section 19 gives the manager the right to rent lands occupied by or adjacent' to irrigation works at a rental of one dollar per acre annually or to commute such rental by a cash payment of thirty dollars per acre.

Section 20 permits him to erect farm bridges to give access to severed lands. An appeal from his decision to the irrigation coun,cil is provided for.

Section 21 deals with the inclusion in or exclusion of lands from the district. Provision is made for an indorse ment being made on each certificate of title to land by the Registrar under The Land Titles Act showing the Bame to be included in the St. Mary and Milk Rivers Development. It is provided in

section 22 that disputes arising out of the division. or distribution of water. may be settled by the manager WIth an appeal to the adVISOry committee which !s elected ~s p~ovided in

section 28. Penalties are provided In the

sectIon If a person contravenes any direction or order made.

Section 23 deals with prevention of drifting or blowing soil.

iii

Section 24 gives the manager power to make regulations, rules and by-laws. These. must be filed with and approved by the irrigation council before coming into effect.

Section 25 is similar to

section 18 of The Irrigation Districts Act and permits the manager to borrow against current revenues for the purpose of meeting expenses pay able out of them. Sections 26 and 27 of this Bill and sections 42 and 43 of The'Irrigation Districts Act, respectively, are si,milar. They deal with appli.cations for water and filing documents, etc., under The Water Resources Act.

Section 29 provides for an imposition of a water right payment in the nature of capital levy on each acre of land, within the district, apart from those lands which were under contracts and were assigned or transferred by the agreement forming

Schedule I. If water is supplied in bulk or otherwise to any person outside the district the water right payment may be imposed on the land irrigated by such water and the same remedies for enforcing payment are applicable as in the case of lands within the district. Sections 30 to 44 inclusive deal with water rates and the collection and enforcing of the same. The water rates are used for the payment of expenses connected with the opera tion and administration of the district. The rate is set by the manager and is based on the 'estimated amount re quired for the year.

It must be approved by the irrigation council before becoming effective. It is to be noted that lands which were under contracts that were assigned by the agreement forming

Schedule I are not subject to these irrigation rates.

Section 31 provides for a charge against parcels which benefit from 'water for domestic purposes. The charge is subject .to the approva1 of the irrigation council. This

section is similar to

section 57a of The Irrigation Districts Act.

Section 32 provides for a water rates ledger and states what it shall contain. By

section 33 water rates are made a special lien on land as is the case under The Irrigation Districts Act,

section

Section 34 permits a vendor of land to recover from the purchaser water rates which the vendor has paid. This is similar to

section 59 of The Irrigation Districts Act.

Section 35 provides for ,a demand for water rates being given by the manager and fixes interest at the rate of six per cent per annum on water rates that remain unpaid after May first of the year they are' imposed.

Section 36 permits apportionment of rates. This is similar to The Imgation Districts Act,

section 121. Section,37 provides for commuting of rates on lands taken under statute for 'rights-of-way, Qr which are rendered non- irrigable from such taking. -

Section 38 gives the Lieutenant Gov~rnor. in Council power to waive payment of water rates In whIch. case the Provincial Treasurer shall pay the amount so waIved.

Section 39 is taken from

section 18 of the Act of 1946 and makes moneys due to His Majesty or the manager a first lien on all crops and other farm produce grown on the land.

Section 40 permits the manager to sue for water rates as a debt due to him similar to The Irrigation Districts Act,

section

Section 41 permits the manager to distrain after giving notice as was provided by

section 19 of the Act of

Section 42 incorporates sections 161 and 162 of The Irriga tion Districts Act which amplify the provisions relating to the distress.

Section 43 incorporates the provisions of The Irrigation Districts Act relating to rate enforcement making them applicable in the case of the St. Mary and Milk Rivers Development.

Section 44 re-enacts

section 21 of the Act of

Section 45 provides for the expropriation of land and property as required.

Section 46 incorporates by reference

Part VI of The Irrigation Districts Act dealing in detail with expropriation.

Section 47 incorporates the provisions of

Part VII of The Irrigation Districts Act and deals with executions against the manager. Sections 48 to 53 inclusive provide penalties.

Part II of the Act is contained in

section 54 and the following sections.

Section 54 contains certain

definitions. Sections 55, 56, 57 and 58 provide generally for the appointment of the colonization manager, making him a body corporate, for the appointment of some one to act in his behalf in his absence and for the appointment of other officials.

Section 59 sets up an advisory committee to be appointed by the Minister. It is provided in

section 60 that all property vested in the colonization manager is in trust for His Majesty. The former is authorized to pay the water rates and taxes from rentals collected by him. S~ction 61 provides for the transfer of lands from the manager to the colonization manager.

Section 62 authorizes the colonization manager, on the approval of the Lieutenant Governor in Council, to sell lands and declare agreements cancelled if in default.

Section 63 makes it necessary to secure the fiat of the Attorney General for actions against the coilonization manager. This is similar to

section II of The Lethbridge Northern Colonization Act.

Section 64 outlines the functions, duties and powers of the colonization manager. It permits him, subject to any order in council, inter alia to enter into agreements re options to purchase land, to a,cquire lands, to lease lands, to purchase and sell or make loans to water users for building materials, buildings, live stock or farming necessaries and to spend money to encourage colonization and settlement of irrigable lands.

Section 65 provides for regulations and forms to be pre scribed by the colonization manager with the approval of the Lieutenant Governor in Council.

Section 66 allows the colonization manager to borrow, subject to the approval of the Lieutenant Governor in Council.

Section 67 limits the amounts of the advances authorized by

section 64 to fifteen hundred dollars in the aggregate to one water user and makes sU,ch loans a first lien on crops and farm produce.

Section 68 deals with lands unsold under rate enforcement proceedings in the hands of the manager and subject to a first mortgage. The colonization manager in such cases may make an agreement with interested parties to take a transfer of the land from the manager and to hold the proceeds in trust to be divided between the proper parties.

Section 69 empowers the Provincial Treasurer to dis charge water rates or other charges out of moneys appro priated by the Legislature.

Section 70 makes the colonization manager responsible for the collection of water right 'payments giving him the powers ,conferred on the manager with respect thereto under

section 29 or by any agreement. A water right payment ledger is provided for in

section

Section 72 requires an audit of the books and records. An annual report to the Lieutenant Governor in Council is required by

section

Section 74 provides that

Part I shall prevail over

Part II in cases of dis,crepancy.

Section 75 clarifies the priorities as among liens created by this Act. S~ction 76 provides for the repeal of The St. Mary and Milk Rivers Development Act, being

chapter 5 of the Statutes of AI,berta, 1946. KENNETH A. McKENZIE, Acting Legislative Counsel. (This note does not f01'm any part of the Bill but is offered in explanation of its provisions.)

BILL No. 51 of 1950. An A1!t respecting the St. Mary and Milk Rivers Development. (Assented to , 1950.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows:

Short Title. 1. This Act may be cited as "The St. Mary and Milk Rivers Development Act, 1950".

Interpretation. 2. In this Act, unless the context otherwise requires,- (a) "advisory committee' means the advisory committee elected under the provisions of this Act; (b) "district" includes all lands described in Schedules "B", "J" and "K" to the agreement forming

Schedule I of this Act, and all other lands which are or may be brought into the district under the provisions of this A1!t; but does not include or con tinue to include, as the case may be, any minerals as defined in

section 2, clause (

u) of The Mines and Minerals Act, being

chapter 66 of the Statutes of Alberta, 1949'; (c) "first mortgage" means any mortgage or any in cumbrance in Form 19 of the

Schedule to The Land Titles Act upon land situate within the dis t:ri,ct which has been registered in the proper Land Titles Office prior to the formation or erection of the district or the addition of the land thereto and which has priority over all other similar mortgages and incumbrances; (d) "His Majesty" means His Majesty the King in the right of the Province of Alberta; (

e) ItIrrigation Act" means the Irrigation Act, being

chapter 104 of the Revised Statutes of Canada, 1927; (/) "irrigation council" means an irrigation council appointed under the provisions of The 11 4 rigation Districts ;lct; (

g) IIIrrigation Districts Act" means The Irrigation Districts Act, being

chapter 98 of the Revised Statutes of Alberta, 1942;

2 (h) "irrigation works" means any structure, device or contrivance, and without derogating from the gen erality of the foregoing, includes. any .dyke, da!ll, weir, floodgate, breakw~te~, draIn, dItch, basIn, reservoir natural or artIficIal lake or other body of water: canal, tunnel, bridge, culvert, crib, em bankment, headwork, flume, aqueduct, pipe, pump, measuring weir, and any ,contrivan~e for carrying or conducting water or used to delIver water to a water user, or any building, telephone line or other work in any way used in or in relation to the conduct and management of the affairs and busi ness of the manager; (i) "local authority" includes every corporate body or person levying rates or taxes for local purposes in any city, town, village, hamlet, municipal district or improvement district; (j) "manager" means the manager of the St.

Mary and Milk Rivers Development appointed pursuant to this Act; (k) "Minister" means the member of the Executive Council for the time being charged with the ad ministration of The Water Resources Act, being

chapter 65 of the Revised statutes of Alberta, 1942; (l) "municipality" means a dty, town, village, mun icipal district or improvenlent district; (m) "occupant" means the occupant of any land which is exempt from taxation by the Province; (n) "occupier" means the person in actual oc~upation of lands other than the owner or occupant thereof; (0) "original ,companies" means The Alberta Irrigation Company, The Canadian North West Irrigation Company, The Alberta Railway and Coal Company and The St. Mary's River Railway Company, all referred to in the agreement forming

Schedule I of this Act; (p) "owner" means any person who is registered under The Land Titles Act as the owner of a. freehold estate in possession in land; but the local authority of any city, town, village, or hamlet shall be deemed to be the owner of the 'parcel of land com prising the lands within such city, town, village or hamlet; (q) "par,cel of land" means a quarter

section of land according to the system of surveys under the Dominion Lands SurveY8 Act or The Alberta Sur veys Act or any other area, owned by one person, or by more persons than one as tenants in common, or joint tenants, but the lands within any city, town, village or hamlet shall be deemed to be one parcel of land; ( r) "purchaser" means any person other than a lessee who has purchased or otherwise ~cquired land

3 whether he has purchased or otherwise acquired the land direct from the owner thereof or from another purchaser and has not become the owner thereof; provided, however, that in every case, "purchaser" shall be deemed to mean the last pur chaser; (8) "Registrar" means Inspector of Land Titles Offices, when acting as Registrar, a Registrar of Titles, a Deputy Registrar, or an Assistant Deputy Registrar; (t) "undertaking and works" means the undertaking and works acquired by His Majesty pursuant to the agreement forming

Schedule I of this Act; (u) "water user" means any person to whom His Majesty or the manager is legally obliged to supply water for any purpose.

PART I. GENERAL PROVISIONS. Ratification of Agreement

Schedule I. 3,.-

(1) The agreement, a copy of which is set out in

Schedule I of this Act, made between His Majesty the King, in the right of and for the benefit of the Province of Alberta, therein referred to as "the Province", The Al berta Railway and Irrigation Company, therein and herein referred to as "The Irrigation Company," and The Canad ian Pacific Railway Company, therein and herein referred to as "The Padfic Company" is hereby ratified and con firmed and declared to be legally binding according to the tenor thereof, upon His Majesty the King in the right of the Province of Alberta and upon the Alberta Railway and Irrigation Company and the Canadian Pacific Railway Company.

(2) Each of the parties to the said agreement is author ized and empowered to do all acts and things which may be necessary to carry out the said agreement, the provisions of which are to be taken as if they had been expressly en acted hereby and formed an integral part of this Act.

(3) Whenever there is any discrepancy between this Act and the provisions of the agreement forming

Schedule I of this Act, the provisions of the said agreement shall prevail. 4.-

(1) On the twenty-seventh day of March, 1946, save as herein excepted, the entire undertaking and works (as works are defined by the Irrigation Act) described in the said agreement, shall be and the same are hereby vested in His lVlaj esty and fr01n and after the first day of January, 1946, all the powers, privileges, duties and responsibilities of the Irrigation Company, the original companies, and the

4 Pacific Company in respect of the operation, use and maintenance of the said undertaking and works and the delivery of water therefrom under any statute or under any agreement shall be at an end as far as the said companies are concerned and thereupon all such powers, privileges duties and responsibilities shall be and be deemed td be the powers, privileges, duties and resp0!lsibil ities of His Majesty and His Majesty shall stand In the pla,ce of the Irrigation Company, the original companies and the Pacific Company and shall assume and be liable for the delivery of water to any and all water users whose lands are served by the said undertaking or works, pursuant to the provisions of any and all agreements heretofore entered into by the Irrigation Company or the original ,companies or any of them in that behalf and still in force and remaining in force, and shall, to the extent provided in the agreement forming

Schedule I, indemnify and save harmless the Irrigation Company and the Pacific Company from all claims, demands and liabilities in respect of the operation, use and maintenance of the said undertaking and works or the use of water in the said works or the supply of water therefrom.

(2) Nothing in this

section shall he deemed to affect in any way the rights reserved to the Irrigation Company by

section 10 hereof with 'respect to debentures or the pay ment thereof. 5.-

(1) On the twenty-seventh day of March, 1946, all the estate, right, title and interest of the Irrigation Com pany, the original companies, and the Pacific Company in and to the lands described in

Schedule "A" of the agreement forming

Schedule I of this Act and all canal rights-of-way registered in the name of the Irrigation Company or any of the original companies in the Land Titles Office for the South Alberta Land Registration District shall be and the same are hereby vested in His Majesty subject to the reservations hereinafter set forth, and on the delivery to the Registrar of the South Alberta Land Registration Dis trict of the duplicate certificates of title therefor, the Registrar shall without ,charge cancel all certificates of tit}e. in the nam~ of the Irrigation Company or any of the orIgInal companIes for the lands set out in

Schedule "A" to the said agreement and for all the lands in the said canal rights-of-way registered in the name of the Irriga tion.Company or any of the original companies and issue new certificates of title therefor in the name of His Majesty; but each certificate of title so issued by the Registrar shall except and reserve to the ~ompany which prior to the transfer effected by this

section was registered as owner of the land included in such title, all mines and minerals (which without restricting the generality thereof shall be deemed to include all gas and petroleum) belonging to such company which may be found to exist in, upon or under the said lands, together with full power to such company, its successors and assigns to work the same,

(2) The said exception and reservation shall not confer on the Irrigation Company or any of the said original companies or their sU,ccessors and assigns any right, power or privilege to work the mines and minerals under any portion of the undertaking or works or within one hundred yards therefrom without the leave of the Minister, and in any application to the Minister for such leave the provisions of

section 84 of The Railway Act, being

chapter 197 of the Revised Statutes of Alberta, 1942, shall apply in so far as they may be made appJi,cable the necessary changes being made. 6. On the twenty-seventh day of March, 1946, all the estate, right, title and interest of His Majesty in and to the lands described in

Schedule "C" of the agreement forming

Schedule I of this Act, shall be and the same are hereby vested in the Irrigation Company subject to any exceptions, reservations, conditions and provisoes contained in the certificates of title covering the lands and the easements set out in

Schedule "C" shall thereupon vest in the Irriga tion Company and on the delivery to the Registrar of the duplicate certificates of title for the said lands, the Reg istrar shall, without charge, cancel the certificates of title for the lands in the name of His Majesty and issue new certifi'cates of title in the name of the Irrigation Company, subject to the last mentioned exceptions, reservations, con ditions and provisoes and shall record the easements upon the titles to the lands subject to the same. 7. On and after the twenty-seventh day of March, 1946, all the water agreements set out in

Schedule "B" of the agreement forming

Schedule I of this Act still in force on that date and applying to the irrigable lands served by the said undertaking and works shall be read and construed as if His Majesty and not the Irrigation Company or one of the said original companies had entered into the same, and all moneys due as at the first day of February, 1946, which accrued due under said water agreements subsequent to the thirtieth day of April, 1944, and all moneys to accrue due thereunder subsequent to the first day of February, 1946, and all benefits and advantages to be derived from said water agreements shall be and the same are hereby vested in His Majesty, and the Director of Water Resources shall without charge make a memorandum upon each and all the said water agreements of the substitution effected by this section.

S. In the event that subsequent to the date of the agree ment forming

Schedule I hereto it is found that for any reason any water agreement or agreements have not been included in

Schedule "B" to the said agreement above men tioned but should be included, the said water agreement or agreements shall be deemed to be covered by and sub j ect to the provisions of the said agreement, and all the provisions of the said agreement and this Act shall apply to the said water agreement or agreements, notwithstanding that it or they are not included in

Schedule "B".

6 9.-

(1) All agreements for sale entered into prior to the twenty-seventh day of March, 1946, by the Irrigation Company or any of the original -companies as vendors ~nd relative to which water agreements were entered. ~nto between the Irrigation Company or any of the orIgInal companies and the purchasers under said agreements for sale, shall, from and after the first day of January, 1946, be read and construed as if no mention were made therein of the water agreements relative thereto or of any right or obligation arising or created under any such water agree ments either on the part of the vendor or purchaser, and any right or obligation of the Irrigation Company or any of the original companies to apply any moneys received by it in respect of the lands ,covered by said agreements for sale in satisfaction of water rent due or accruing under the water agreements relative to which such agreements for sale were made, shall be at an end.

(2) All the reservations and exceptions contained in the agreements for sale referred to in subsection (1) or in any transfer or certifi'cate of title of land previously trans ferred by the Irrigation Company or any of the original companies which reserve to, except for, or confer upon the Irrigation Company or any of the original companies any right, easement or privilege,- (

a) to enter upon any land to make surveys for any irrigation canals, ditches, reservoirs or works; or (

b) to dig, construct, maintain and operate the neces sary ditches, canals and works for properly sup plying water to lands served by said undertaking; or (

c) to do in and upon such lands all things necessary or expedient for the construction, maintenance, opera tion and repair of the said ditches, canals or works; or (

d) to take and. acquire land for any irrigation canal, reservoir or works on the terms therein contained; shall be and they are hereby transferred to His Majesty, and shall enure to the benefit of His Majesty and His Majesty shall -be entitled to exercise any or all such reservations, exceptions, rights, easements and privileges in the same manner and to the same extent as if His M~esty had been a party to each agreement instead of the Irrigation Com pany or one of the said original companies or as if His MajQsty had been named in any reservations or exceptions contained in any transfer or certificate of title instead of the Irrigation Company or one of the said original companies. 10.

On the twenty-seventh day of March, 1946, all the rights, powers, privileges, duties and responsibilities con ferred, vested in or imposed upon the Irrigation Company by the provisions of the five agreements forming

Schedule "D", "E", "F", "G", and "H" of the agreement forming

Schedule I of this Act, except such as relate to,-

7 (

a) the debentures provided for by the said agreements and the payment thereof; and (

b) the rights conferred on the Irrigation Company and the Pacific Company by paragraph 4 of the agreement forming

Schedule "H" to the agreement forming

Schedule I of this A,ct; shall be at an end, and thereupon all such rights, powers, privileges, duties and responsibilities shall be and be deem ed to be the rights, powers, privileges, duties and responsi bilities of His Majesty and His Majesty shall stand in place of the Irrigation Company and. shall assume and be liable for, each and every duty, liability and responsibility imposed upon the Irrigation Company by the terms of the said five agreements forming the said Schedules, and shall, to the extent provided in the agreement forming

Schedule I, indemnify and save harmless the Irrigation Company from all claims, demands and liabilities arising out of the five agreements. Powers of the Government of the Province. 11. The Government of the Province is hereby em powered,- (

a) to maintain and operate the undertaking and works; (

b) to alter, improve, extend and add to the undertak ing and works; (

c) to sell, transfer or otherwise dispose of the under taking and works or any part thereof to any irriga tion district, municipality or other body authorized to acquire and operate the same; (

d) to enter into any agreement approved by the Lieutenant Governor in Council with the Govern ment of Canada involving or affecting in any way the undertaking and works; (

e) to do anything necessary or incidental to the ex ercise of the foregoing powers. Appointment, Powers and Duties of Manager. 12.-

(1) The Lieutenant Governor in Council may from time to time appoint a person to be known as the manager of the St. Mary and Milk Rivers Development.

(2) The manager shall,- (

a) have such powers and duties as are assigned to him by the Lieutenant Governor in Council and by this Act; (

b) be paid su,ch salary as is fixed from time to time by the Lieutenant Governor in Council. (13:) The head office of the manager shall be situated at Lethbridge.

8 13.-

(1) The Lieutenant Governor in Coupcil may from time to time appoint some person who !llay .In t~e absence of the manager and subject to any sp~clal dIrectIons of the manager do any act authorized or required to be done by the manager.

(2) Whenever it appears that such person has so .acted it shall be conclusively p·resumed that he has so acted In the absence of the manager. 14. The person for the time being holding the office of the manager of the St. Mary and Milk Rivers Development shall be, by that name, a corporation sole, and shall have perpetual succession and a ,common seal and have the power and capacity,- (

a) to acquire, hold, sell and otherwise deal in lands, securities and other real and personal property of every description in that name; (

b) to sue and be sued; (

c) to enter into agreements binding on himself and his successors in office; and (

d) to do all things necessary or expedient to be done in the execution of the duties of his office. 15.-

(1) No person shall be entitled,- (

a) to bring any action whatsoever for damages or otherwise against the manager in respect of any damage of any nature caused by the leakage, seep age, overflow or flooding of water from any irriga tion works of the manager; or (

b) to obtain payment of any compensation in respect of any such damage; except only as is provided by this section.

(2) Any person claiming that he has sustained loss during any year on account of the surface of his farming land being detrimentally affected for agricultural purposes by th~ l~aka.ge, seepage, overflow or flooding of water from any IrrIgatIOn works of the manager shall give to the manager not later than the first day of November in that year notice of such claim by delivering to him a notice in writing setting out particulars of the alleged damage and the amount of compensation claimed.

(3) The provisions of

section 13, subse,ctions (3) to (12) inclusive of The Irrigation Di8trict8 Act shall apply hereto in so far as they may be made applicable, the necessary changes being made and the manager shall have the same powers and duties as the Board under the said subsections. ( 4) All agreements, settlements, orders and decisions made under the foregoing provisions shall be final and conclusive and there shall be no appeal therefrom. 16. Except as otherwise provided by the Lieutenant Governor in Council, the manager shall have the duty of maintaining, operating and managing on behalf of the

9 Government the undertaking and works as the same exist from time to time and of making such alterations, improve ments, extensions and additions as the manager deems necessary or advisable in connection with the maintenance and operation of the same. 17. Except as otherwise provided by the Lieutenant Governor in Council, the manager shall have the power to enter into all agreements and do all things necessary or incidental to the maintenance, operation and management of the undertaking and works and all alterations, improve ments, extensions and additions from time to time made thereto, and 'without in any way restricting the generality of the foregoing, shall have the power and duty,- (

a) to collect and receive all moneys payable and all moneys assigned to His Majesty under the terms of the agreement forming

Schedule I and all moneys hereafter accruing due under the water agree ments assigned to His Maj esty by the said agree ment; (

b) to exercise and carry out in the name of the man ager with respect to the water agreements assigned to His Majesty by the agreement forming

Schedule I all the rights and obligations which His Majesty acquired and undertook under the terms of the said agreement; (

c) to supply water in bulk or otherwise for irrigation or domestic purposes to, for, or upon lands inside or outside the district; (

d) to enter into, enforce, determine or otherwise deal with agreements for the supply of water for irrigation or domestic purposes; (

e) to enter upon any land for the purpose of carrying out the maintenance and operation of the under taking and works and any alterations, improve ments, extensions or additions from time to time made thereto, and in so doing, shall have all such powers as are conferred upon the Minister of Public Works in respect of entry upon land required for public works; (

I) to construct, maintain and renew all irrigation works; (

g) to operate any irrigation works constructed under the provisions of this section; (

h) to purchase electric or mechanical power for pump ing purposes either by long term contract or other wise upon such terms and conditions as may be approved by the Minister; (

i) to manage, add improvements to, cultivate, and carryon all farming operations on any or all of the lands vested in him;

U) to acquire in his own name public lands lying with in or adj acent to the district and to resell the same;

10 (

k) to acquire, purchase, lease, or take over and to erect construct and establish all plant, machinery and i~stallations, materials, devices, fittings, appar atus appliances or equipment, rights-of-way and easeinents for or used in the generation, trans formation: transmission, distribution, delivery, sale or use of electricity, and to maintain and operate the same and to use, sell or deal in electric power or energy and to do, perform an? ~xecute all facts, things and deeds necessary or IncIdental to the exercise of the powers conferred by this section; (

l) to employ all such officers, inspectors, clerks or other persons as are required for the maintenance and operation of the undertaking and works, and all alterations, improvements, extensions and additions from time to time made thereto, and to dismiss the same, assign them their titles, define their respective duties and powers, and to fix their salaries or re muneration; (

m) to engage the services of experts and persons en gaged in the practice of a profession and to pay the salaries or remuneration of all such persons; (

n) to provide a scheme subject to the approval of the Minister for annuities or other payments to em ployees or dependents of employees of the manager by way of pension, superannuation, retirement allowances, allowances on account of illness, death benefits and any other similar benefit; (0) to administer generally the affairs of the district. 18.-

(1) All property both real and personal and all moneys acquired or received by the manager in the ex ercise of his powers and duties shall be the property of His Majesty.

(2) The manager shall pay from the moneys acquired or received by him, so far as such moneys will extend,- (

a) all salaries and wages including his own salary; and (

b) all expenses and liabilities arising out of,- (

i) the maintenance, operation and management of the undertaking and works and all altera tions, improvements, extensions and additions from time to time made thereto; (ii) the exercise by the manager of any of his powers and duties.

(3) If at any time the moneys in the hands of the manager are not sufficient to pay salaries, wages, expenses and liabilities as required by subsection (2), the Provincial Treasurer, with the approval of the Lieutenant Governor in Council, is hereby au:thorized to make advances to the

11 manager out of the General Revenue Fund of sueh sums as are from time to time required for the purpose of paying such salaries, wages, expenses or liabilities. 19.-

(1) Upon the construction of any irrigation works within the district the manager shall have,- (

a) the right to the use of and access to the area occupied by the irrigation works; and (

b) the right to the use of and access to such land adjacent or appurtenant to any of the irrigation works as may be necessary in the opinion of the manager for the deposit of soil thereon or for the use of soil therefrom, or for the supervision, main tenance and repair of the said irrigation works.

(2) In the case of lands included in Schedules "B" and "J" to the agreement forming

Schedule I, no rent or other compensation shall be paid for the exer.cise of any right granted pursuant to subsection (1).

(3) Except as provided in subsection (2), the manager may pay in respect of the use aforesaid an annual rental not exceeding one dollar per acre for the area computed in terms of acres, of the said land which the manager is actually using, and no other ,compensation shall be payable in respect of such use, but the manager in his discretion at any time and with respect to any parcel of land may make a single ,cash payment not exceeding thirty dollars per acre and in the event of disagreement as to the amount of the single cash payment the irrigation council may fix the same. 20.-

(1) In addition to the rental or cash payment pro vided for in

section 19, the manager may provide farm bridges for the purpose of giving access to land severed from other land of the same owner by reason of the con struction of a ditch, but any such bridge S'hall thereafter be maintained by and at the expense of the said owner.

(2) If any owner is not satisfied with the decision of the manager as to the provision of a farm bridge or farm bridges he may appeal to the irrigation council whose de cision thereon shall be final. 21.-

(1) In every case where the manager is or becomes legally obliged to supply water to any parcel or parcels of land whether by contract or otherwise, the said parcel or parcels shall be deemed to have been brought into the district under the provisions of this Act and to form part of the St. Mary and Milk Rivers Development.

(2) In every case where the legal obligation of the man ager to supply water to any parcel or parcels of land has ceased or been determined for any reason the manager may in his discretion then declare that the said parcel or parcels no longer are in the district and has or have ceased to form part of the St. Mary and Milk Rivers Development.

(3) The Minister may in his discretion include any lands in the district, or exclude any lands therefrom on the request of the manager duly approved by the irrigation council, and the Minister may make any regulations neces sary or calculated to carry out the general intent of this

12 Act as to the inclusion or exclusion of lands, and sU,ch reg ulations shall have effect as if set out in this Act.

(4) The manager shall forthwith notify the Registrar that the said parcel or parcels of land has or have been brought into the district or excluded t~erefrom under the provisions of this Act and that the saId parcel or parcels forms or form part of the St. Mary and Milk Rivers De velopment or has, or have, ceased to form part thereof.

(5) The Registrar shall without 'cha~ge note .up~n each certificate of title to a parcel of land In the dlstrI~t and UDon each certificate of title to any parcel of land which is, or may be, brought into the district under the provisions of this Act, the fact that the parcel forms part of the St. Mary and Milk Rivers Development or has ceased to form part thereof, as the case may be . 22.-

(1) The manager or any person thereunto author ized by him may enter upon any parcel of land to super vise, direct and control,- (

a) the division or distribution of water; (

b) the clearing, cleaning, or Inaintaining of any irri gation works, and without limiting the generality of the foregoing, the removal of earth, silt, dirt or other impediments or obstructions from any irriga tion ditch within the district, including main, lateral, farm or other ditches whether maintained and operated by the manager or any other person or persons and the deposit of such earth, silt, dirt or other impediments or obstructions within a reason able distance on each side of the said ditches; (

c) the removal, alteration or re-Iocation of any irriga tion works.

(2) The manager or any person thereunto authorized by him may hear and determine all disputes in any way arising out of subsection (1) whether between the manager and any water user or water users, or between water user and water user.

(3) Any person affected by a decision made under the provisions of the preceding subsection may appeal to the advisory committee by filing a notice of appeal at the head office of the manager within thirty days of the decision and the advisory cOTIlmittee shall make such a decision as the manager should have made having regard to the circum stances of the case. The decision of the advisory committee shaM be conclusive and binding and there shall be no other appeal, either from the manager's decision or from the decision of the advisory committee.

(4) No irrigation works shall be removed altered or re-Iocated without the consent of the manager.'

(5) The manager may refuse to supply any irrigation works with water if in his opinion the same are unfit to carry the amount of water requested by the water user.

(6) With 'respect to any irrigation works within the di~trict whether such irrigation works are owned, main taIned or operated by the manager Qf an¥, oth~r person the

13 m~nager may use the same to carry out the provisions of thIS Act and may make such modifications, extensions en largements and additions thereto as he deems necessary or expedient . .

(7) The manager, or any person hereunto authorized by hIm, may,- (

a) make any direction or order necessary for the pur pose of carrying out the provisions of this section; (

b) at his discretion enter upon any parcel of land with such equipment, supplies and personnel as he may deem necessary; and (

c) do such acts, deeds and things and execu.te such work as may be necessary in his opinion to carry out the provisions of this section.

(8) Any expense incurred under the provisions of sub sections (6) and (7) on any par~el of land shall be imposed at a rate on the land properly chargeable therewith, and such rate may be collected in the same manner as water rates.

(9) Should there be any dispute between the manager and any person affected under subsections (4), (5), (6), (7) or (8) there shall be no appeal except as provided under the provisions of subsection (3).

(10) Any person who contravenes any direction or order made by the manager or any person thereunto authorized by him, or fails to comply with any provision of this section, or any decision of the manager or such authorized person, or of the advisory ,committee, shall be guilty of an offence and liable on

summary conviction to a penalty of not more than two hundred dollars.

(11) The provisions of this

section shall in no way make the manager responsible for the care, maintenance, clearing or cleaning of any irrigation works, for which he is not otherwise responsible under the provisions of this Act. 23.

Whenever in the opinion of the manager any ditch is likely to be obstructed or otherwise injured by soil drift ing or blowing thereinto from any land, and the occupant or occupier, or if there is no occupant or occupier the owner, purchaser or lessee of the land or any of them has failed to take reasonable precautions to prevent the drifting or blowing, the manager without any further or other author ity may enter upon the land and upon so entering shall take all reasonable steps upon the land to prevent, stop or minimize the drifting or blowing. 24.-

(1) The manager may make regulations, rules and by-laws and prescribe forms in respect of matters not specially provided for by this Act and consistent with the objects thereof as the interests of the district may require and may repeal, alter and amend the regulations, rules, by-laws and forms.

(2) Without limiting the generality of subsection (1), the manager may make regulations, rules and by~laws,- (

a) for the equitable distribution of water; (

b) for the disposal of any surplus water which is not required for the purposes of the district; and

14 (

c) for cutting off and stopping the supply of water'to any parcel of land in arrears for irrigation rates.

(3) Every regulation, rule, by-law and form and . every repeal alteration and amendment thereof shall be filed under'the hand and seal of the manager with the irrigation council and upon approval of the irrigation council shall come into full force and effect.

(4) The manager on request shall furnish a copy of the said regulations, rules, by-laws and forms to any water user.

(5) A copy of any regulation, rule, by-law or form, or any part or extract therefrom written or printed without erasure under the hand and seal of the manager with his certificate that the same has been filed and approved as provided in subsection (3) hereof shall be authentic and received as pri1Yl..-a facie evidence of the ,contents thereof without any further proof in any court unless it is specially pleaded or alleged that the seal or the signature of the manager has been forged.

(6) Where any procedure is prescribed in this Act but such procedure does not seem adequate, or where no pro .cedure is prescribed suitable to the circumstances of the case, the manager may provide such procedure as may seem proper to him. 25. The manager in any year may borrow,- (

a) any sum or sums of money not exceeding the amount levied in such year for the water service charge and for the time being uncollected for the purpose of meeting expenses for the said year which are payable out of the water service charge; (

b) any sum or sums of money not exceeding the amount to be collected in such year under

section 17, clause (

a) for the purpose of meeting any ex penses chargeable to such amount for the said year. 26.-

(1) The manager may from time to time make an application in accordance with the provisions of The Wate1' Resources Act for the water necessary for the use of the district or any portion or portions thereof and for authority to construct the necessary irrigation works for the utilization of such water.

(2) The manager may employ such surveyors, engineers, or qther assistants as are required to draw up a general s,cheme for the irrigation of the district and to obtain the ~ecessary information to enable him to make the applica-boa .

(3) The 1!-1anager .shall comply in every detail with the procedure laI~ ~own In The Water Resources Act regarding matters prelImInary or antecedent to the order granting the application in so far as the same shall apply. (4) ~he manager inste~d ?f or in addition to making applIcatIOn f~r ~n authorIza~IOn may, subject to the ap proval of the IrrIgation councIl, enter Into any contract for

15 the construction or operation of any irrigation works or t~e s?pply of water for irrigation purposes to or within the dIstrIct, or for all or any such objects with any person to whom an authorization or license has been granted under The Water Resources Act, and all the provisions of this Act shall apply to those irrigation works or the supply of water under the said contract, to the extent necessary to enable the manager to carry out any such contract ac cording to the terms thereof. 27_ The authorization provided for in the Irrigation Act or the license or interim license issued pursuant to The Water Resources Act, as the case may be, together with a copy of all maps and plans required by either of the said Acts and also all the official records of the district, shall be filed in the office of the manager and shall be open for public inspection at all reasonable times. 28.-

(1) There shall be an advisory committee elected by the water users of the district whose function shall be to advise the manager and do and execute all other acts, deeds and things as by this Act provided.

(2) The Minister shall make all necessary rules and regulations providing for the composition, remuneration, election, rights, powers and duties thereof and all matters thereto appertaining, and sU,ch rules and regulations shall have effect as if set out in this Act. Water Right Payments. 29.-

(1) There shall be imposed on each parcel of land in the district with respect to each acre to be irrigated within the district a water right payment, being a payment respecting the cost of the irrigation works and interest -thereon.

(2) The amount of the water right payment for each acre to be irrigated shall be fixed from time to time by the Lieutenant Governor in Council, together with the rate and terms of interest payable with respect thereto, and the terms of payment.

(3) The payment of the water right payment and in terest shall be enforceable by the manager in the same man .. ner as the water rates and all the provisions of this Act or of The Irrigation Districts Act in that behalf shall apply.

(4) If water is supplied in bulk or otherwise to any person outside the district,- (

a) there may be imposed with respect to each acre of land to be irrigated by such water a water right payment, the amount of which, together with the rate and terms of interest and terms of payment shall be fixed as provided in subsection (2) ; (

b) payment of the said water right payment and in terest shall ·be enforceable in the same manner and to the same extent as water right payments imposed on lands within the district and all the provisions relating to water right payments and enforcement of payment thereof shall apply, notwithstanding that the land to be irrigated is outside the district;

16 (

c) all the provisions of this 4ct .shall a~ply to lands and persons outside the distn.ct ~, f~r, or upon which or to whom water is so supplied In the ~a~e manner as if the said persons or Jands were WIthin the district.

(5) Notwithstanding anything provide4 in this sect~on, and for greater certainty, wherever any dlscre:pancy eXlS~ between the provisions of any agreemen~ referred to In sections 7 and 8 or of the agreement fornllng

Schedule I of this Act or of any of the Schedules to the agreement forming 'Schedule I, then the provisions of such agreement or agreements or of such

Schedule or Schedules shall prevail. Water Rates. 30.-

(1) The manager not later than the first day of April in each year shaH make ,an estimate ~f the amount required to pay the water servIce charge beIng all the ex penses conne,cted with the administration of the district and the diversion, distribution and drainage of water, and the maintenance of the irrigation works for the year, includ ing,- (

a) any payments into a maintenance fund to provide for the preservation of the said irrigation works in their original efficiency; (

b) any payments for water supply service to the district; and (

c) any payments for new expenditure, whether capital or otherwise.

(2) If payment of the said water service charge is not otherwise provided for a water rate shall be imposed by the manager upon each parcel of land within the district in re spect of each acre of land to be irrigated as shown in the water rates ledger sufficient to bring in the amount estimated as the water service charge.

(3) Any water rate imposed shall be sufficient to bring in the amount of the estimate after making all due and reasonable allowances for the cost of collection and abate ment for losses which may occur in the collection of the water rate.

(4) No water rate fixed by the manager shall be effective until approved by the irrigation council.

(5) Notwithstanding anything provided in this section, and for greater ce!~inty, wherever any discrepancy exists between the provIsIons of any agreement referred to in sections 7 and 8 or of the agreement forming

Schedule I of this Act or of any of the Schedules to the agreement forming

Schedule I, then the provisions of such agreement or agreements or of such

Schedule or Schedules shall prevail. 31.-

(1) For the purposes of this

section "parcel" in cludes,land along or contiguous to or through which pass any dItches, canals, spillways, or irrigation works of the manager, as well as land .contiguous to any creeks, sloughs, lakes, or other reservoirs fed by water diverted by means

17 of the undertaking or irrigation works of the manager.

(2) Notwithstanding the provisions of The Water ReSO'ltrces Act,- (

a) the manager in each year may estimate the value of the benefit for domestic purposes of water sup plied to any parcel within or without the district or used by the owner, purchaser, lessee or occupant or occupier thereof; and . (

b) the estimated value of the benefit of the water so supplied or used shall be subject to the approval of the irrigation council and, shall be charged against the said parcel and all the provisions of this Act with respect to the collection and recovery of water rates shall apply thereto.

(3) The manager shall establish a tariff which shall be the basis for estimating the benefit accruing to the said parcel respectively and in establishing the tariff may dif ferentiate between and establish different rates for persons receiving water for domestic purposes only and those re ceiving water for both domestic and irrigation purposes.

(4) The charge for domestic purposes shall be a first lien and charge upon each parcel assessed with respect to water for domestic purposes, and upon all crops and other farm produ,ce grown or produced by the owner, purchaser, lessee or occupant or occupier, and shall be collectible in the same manner and to the same extent as water rates.

(5) The water rates ledger in so far as it applies to water for domestic purposes, shall ,be revised annually or from time to time as circumstances require, and in accordance with the manager's estimate as approved by the irrigation council. r 32.-

(1) The manager shall prepare and keep in his office a ledger which shall be called the water rates ledger in which he shall set down such of the following as shall be applicable in each case: (

a) the name of the owner, and if any, the names of the purchaser, lessee, occupant or occupier and each of them, of each parcel of land in the district, and his or their post office address if known, indicating after each name whether the same is that of an owner, purchaser, lessee, occupant or occupier; (

b) the description of the parcel of land or of the parcel as defined in

section 31, subsection (1) ; (

c) the number of acres in the parcel of land to be ir rigated; (

d) in the case of a parcel as defined in

section 31, sub section (1) the estimated value of the benefit for domestic purposes of water supplied; (

e) the amount imposed for water rates, or otherwise; (/) the amounts paid and remaining unpaid from time to tirne on water rates, or otherwise including all interest and penalties.

(2) The water rates ledger shall remain in the office of the manager, and shall be open for inspection at all reason- able times. .

(3) The manager shall record with the date of the re ceipt all amounts paid him for water 'rates or otherwise on the water rates ledger under the legal description of the parcel of land in respect of which the payment is made and he shall issue an official receipt for every payment. 33.-

(1) Notwithstanding that the water rates payable by any water user are calculated with respect to the number of acres of his land which are to be irrigated they shall when calculated form a special lien upon each parcel of land within the district which contains any portion of the land to be irrigated.

(2) The water rates accruing upon or in respect of any land in the district shall be a special lien upon the land having priority over all claims, liens, privileges or in cumbrances thereon. 34.-

(1) Where an owner of land within the district has sold the land to a purchaser thereof, the owner upon paying the water rates in respect of the land shall be en titled to recover the amount of the water rates from the purchaser as if their agreement for sale had contained an express covenant by the purchaser for the discharge of such water rates.

(2) Where there are one or more pur,chasers between the owner and a purchaser entitled to possession of the land sold, the owner shall have the same rights against that purchaser as the rights given him by subsection (1) against the purchaser direct from him and in lieu thereof, and as if the purchaser entitled to possession had expressly covenanted with the owner to that effect. 35.-

(1) The lnanager shall after the completion of the water rates ledger leave at the usual residence or place of business of or transmit by mail to each person whose name appears on the ledger or to an agent of such person in the district a statement of and a demand for the water rates or other amounts charged against him.

(2) The statement shall state when the amounts are re quired to be paid.

(3) The manager shall enter the date of delivery or mail ing of the notice in the water rates ledger under the name of the person rated and the legal description of the land and the entry shall be prima facie evidence of the due delivery of the statement and demand. (~ All water rates and charges under sections 30 and 31 shall be deemed to be due on the first day of January of the year in which they are imposed, and shall bear interest at the rate of six per cent per annum after the first day of May in the year in which the said water rate or charges under the said sections 30 and 31 are imposed. (5 ) Nothing contained in this

section shall be construed to extend the time for payment of the said water rates or charges under sections 30 and 31. 36.-

(1) When for any reason it is desired to appor tion the rate imposed upon any parcel of land among two or

19 more parts thereof, the manager may make such apportion ment as seems proper, but the sum of all the apportioned rates shall not be less than the rate imposed upon the parcel prior to the apportionment of the 'rate.

(2) When any such apportionment is made at the request of an owner of a parcel of land or of a purchaser from him,- (

a) the manager may require the applicant to submit plans and specifications of all additional ditches necessary to bring irrigation water to the boundary of each of the parts into which the parcel is to be divided, together with an estimate of the cost of constructing the ditches; and (

b) the manager may refuse to make any apportion ment of the rate until he has received payment of a sum sufficient to defray the cost, or has had the payment of the cost properly secured, or until the ditches have been constructed to his satisfaction. 37.-

(1) If any parcel of land or any part thereof respecting which no moneys are due or payable under this Act is taken or expropriated under any Act or statute for any railway, highway, road, ~anal or other right-of-way or for any municipality or otherwise, or becomes or is rendered non-irrigable because of such taking or such ex propriation, the person or authority taking or expropriating the same shall commute future water rates payable with re spect to such par:cel by paying to the manager in cash such amount as the manager with the approval of the irrigation council may from time to time determine.

(2) Upon receipt by the manager of any sum paid pur suant to the provisions of this

section he shall ascertain the number of acres for which, in accordance with the provisions hereof, the said sum may be accepted in com mutation of water -rates and shall thereupon note the same on the water rates ledger against the said parcel of land in respect of which the payment is made.

(3) Where any payment is made under the provisions of this

section with respect to a parcel of land, the remainder of the parcel, and the owner, purchaser, lessee or occupant or occupier thereof, shall continue to be subject to all the provisions of this A,ct regarding enforcement of water rates payable otherwise than under the provisions of this section. 38.-

(1) The Lieutenant Governor in Council may waive payment of any or all water rates, or any part there of with respect to any parcel or parcels of land within the district.

(2) If at any time the payment of any or all water rates, or any part thereof is so waived by the Lieutenant Governor in Council, the Provincial Treasurer shall pay to the manager such sums as would have been payable to the manager except for the provisions of this section.

20 39. All moneys whether payable to His Majesty or the manager under an agreement for the supplying of water to land for irrigation or domesHc purposes, including moneys assigned to His Majesty by the agreement forming

Schedule I or otherwise under this A,ct, are hereby declared to be a first lien and charge upon all crops and other farnl produce grown or produced on the land covered by the agreement and upon the amount remaining unpaid of the sale price thereof until it has been paid in full; and upon the manager delivering to a buyer thereof a demand in writing for the amount of the moneys hereby declared to be a first lien and charge upon the amount remaining un paid of the sale price thereof, the buyer shall out of the amount remaining unpaid then in his hands, pay the amount of such moneys to the manager in priority to all other claims and demands whatsoever. Recovery of Rates. 40.-

(1) All water rates or arrears of water rates due to the manager may be recovered by suit in the name of the manager as a debt due to him.

(2) In any such suit the water rates ledger shall be prima facie evidence of the debt, and of the facts therein set down. 41..-

(1) In 'case moneys owing to His Maj esty or the manager under an agreement for the supplying of water to land for irrigation or domestic purposes, including moneys assigned to His Majesty by the agreement forming 8chedule I, or moneys payable otherwis& under this Act are not paid within thirty days from the mailing of a notice to pay addressed to the person who, according to the records of the manager, is responsible for payment of the same as shown by the said records, the manager may by himself or his agent levy the same with costs by distress,- (

a) upon all goods and chattels situate within the area served by the undertaking and works or any ex tension or addition thereto belonging to the owner, purchaser, lessee or occupant or occupier of the land covered by the agreement for the supplying of water, or any of them (each of which persons shall hereinafter be included in the term "any person benefited") ; or 4('

b) upon the ,lnterest of any person benefited in any goods or ,chattels found on the land, including his interest in any goods or chattels to the possession of which he is entitled under a contract by which he may become the owner thereof upon performance of any condition; or '....t...~- (

c) upon a:hy goods or chattels on the land, where the title to the goods or chattels is claimed in any of the following ways: (

i) by virtue of an execution against any person benefited; or

21 (ii) by purchase, gift, transfer, or assignment from any person benefited, whether absolute or in trust, or by way of mortgage or otherwise; or (iii) by the wife, husband, daughter, son, daugh ter-in-Iaw, son-in-law, of any person benefited or by any relative of his in case such relative lives on the land as a member of the family; or (iv) by virtue of any assignment or transfer made for the purpose of defeating distress; or (v) ,by virtue of T he Crop Payments Act, the provisions of which Act shall have no applica tion to any crops seized under the provisions of this se,ction.

(2) The provisions of The Seizures Act shall not apply to any distress made under this section. 42. The manager with respect to goods and chattels distrained shall have the same powers and duties as a treasurer under The Irrigation Districts Act, and for that purpose the provisions of sections 161 and 162 of that Act shall apply in so far as they may be made applicable the necessary changes being made. 43.-

(1) The provisions of The Irrigation Districts Act relating to the irrigation rates enforcement return shall be applicable to this Act and for that purpose,- (

a) the manager shall have the same powers and duties as the treasurer of the district; (

b) sections 164 to 177 inclusive, and Form J of The Imgation Districts Act shall apply in so far as they are applicable; and (

c) the word "manager" shall be substituted for the word "board" wherever the latter shall appear in the said sections.

(2) Notwithstanding anything contained in this Act, no lands vested in the St. Mary and Milk Rivers Development colonization manager shall be placed upon the rate enforce 'ment 'return of the district. 44. Where personal property liable to seizure under the provisions of

section 41 of this Act for moneys owing under an agreement for the supplying of water or otherwise is under seizure or attachment or has been seized by the sheriff or by a bailiff of any court or is claimed by or in possession of any assignee for the benefit of creditors or liquidator or of any trustee or authorized trustee in bank ruptcy or where such property has been ,converted into cash and is undistributed, it shall be sufficient for the manager to give to the sheriff, bailiff, assignee or liquidator or trustee or authorized trustee in bankruptcy, notice of the amount due under the agreement, and in such case the sheriff, bailiff, assignee or liquidator or trustee or author-

22 ized trustee in bankruptcy shall pay the amount of the same to the manager in preference and priority to any other and all other fees, charges, liens or claims whatsoever. Right of Expropriation. 45.

The Minister may acquire or expropriate any lands or property in whomsoever vested which he deems neces sary, advisable or expedient in connection with extending, adding to, maintaining or operating the undertaking or works and for the purpose of so doing he shall have the same powers and proceed in the same manner in respect of lands so required as the Minister of PUbli.c Works under the provisions of The Public Works Act relating to the ex propriation of lands and the relevant provisions of that Act including the provisions with respect to compensation shall apply in so far as they are applicable. 46.-

(1) The provisions of The Irrigation Districts Act,

Part VI, relating to the expropriation of land shall be appli cable to this Act, and for that purpose the manager shall have the same powers and duties as the board of trustees or any officer thereof under The Irrigation Districts Act, and sections 182 to 186 of the said Act shall apply.

(2) The manager shall have power to expropriate under the provisions of

Part VI of The Irrigation Districts Act as if it were land required for the works outside the district, any lands wheresoever situated which may be needed in connection with the operation or maintenance or ad ministration of the irrigation works or the affairs of the district either for the purpose of avoiding damage or erec tion of necessary buildings, or for any other purpose what soever and also any lands with respect to which a claim for damages through the construction, operation or mainten ance of the irrigation or drainage works of the district has been made. Executions Against the Manager. 47. The provisions of The IrrigatiOrn Districts Act

Part VII, relating to executions against the board shall i~ so far as the same may he applicable, apply to this Act, and for that purpose the manager shall have the same powers and duties as the board of trustees or any officer thereof under The Irrigation Districts Act, and sections 187 and 188 thereof shall apply in so far as they may be made applicable the necessary changes being made. Penalties. 48. Every person who interferes, molests or hinders in his work any person lawfully engaged in carrying out any of the provisions of this Act shall be guilty of an offence and liable on

summary conviction to a penalty not exceeding twenty dollars or to imprisonment for a term not exceeding two months, 0; to both fine and imprisonment.

23 49. Any person who carelessly or wilfully or without authority tampers with any weir or gate or takes or diverts water from any of the irrigation works or does anything which may interfere in any way with the flow of water in, into, through or from the same, shall be guilty of an offence and liable on

summary conviction to a penalty not exceeding two hundred dollars, or to imprisonment for a term not exceeding one year, or to both fine and imprisonment. 50. Any person who carelessly or wilfully breaks, cuts or fills up or otherwise inj ures any irrigation work shall be guilty of an offence and liable on

summary conviction to a fine not exceeding one hundred dollars and costs and -in default of payment after conviction may be imprisoned for a period not exceeding sixty days and the justice of the peace hearing the case may further order the offender to forthwith repair any damage or remove any obstruction as aforesaid. 51.. Any person who deposits or causes or allows to be deposited along the bank of any irrigation ~anal or ditch, or who throws into the same any filthy, impure or de leterious matter or substance of any kind shall be guilty of an offence and liable upon

summary conviction to a penalty not exceeding twenty dollars or to imprisonment for a term not exceeding two months, or to both fine and imprisonment. 52. Any person who disobeys any regulation, rule or by law made by the manager under the provisions of this Act shall be guilty of an offence and liable on

summary con viction to a penalty not exceeding fifty dollars. 53. If any person makes a fraudulent assessment or wil fully or fraudulently inserts in the water rates ledger the name of any person which should not be entered therein, or wilfully or fraudulently omits the name of any person which should be inserted therein, or wilfully neglects any duty required of him by this Act, he shall be guilty of an offence and liable on

summary conviction to a penalty not exceeding one hundred dollars for each offence.

PART II Colo·nization Manager. 54. In this Part, unless the context otherwise requires, (a) "colonization manager" means the St. Mary and Milk Rivers Development colonization manager as constituted by this Act; (b) "farming necessaries" means all such things as are necessary or proper for the purpose of working a farm in the proper course of husbandry and such things as are declared in general to be such neces saries by the Lieutenant Governor in Council.

24 55.-

(1) The Lieutenant Governor in Coun~il may at any time and from time to time appoint a person to be known as the St. Mary and Milk Rivers Development col onization manager.

(2) Such person may be the manager of the St. Mary and Milk Rivers Development appointed pursuant to

section 12 of

Part I of this Act. (3) the colonization manager shall, - (

a) have such powers and duties as are prescribed by the order appointing him and by this Act; and (

b) be paid such salary as is speCified therein; and (

c) hold office during pleasure.

(4) The head office of the colonization manager shall be situated at Lethbridge. 56.-

(1) The Lieutenant Governor in Council may at any time and from time to time appoint some person who may in the absence of the colonization manager and subject to any special directions of the colonization manager, do any act authorized or required by this Act to be done by the colonization manager.

(2) Such person may be the same person appointed pur suant to

section 13 of

Part I of this Act.

(3) Whenever it appears that such person has so acted, it shall be conclusively presumed that he has so acted in the absence of the colonization manager. 57.-

(1) The colonization manager may appoint all such officers, inspectors, field men, clerks or other persons as are required for the operation or ,carrying out of this Part, dismiss the same, assign them their titles, define their respective duties and powers and to pay the salaries or re muneration of all such persons.

(2) The colonization manager may engage the services of experts and persons engaged in the practice of a pro fession and fix the salaries or remuneration of all such persons. 58. The person for the time being holding the office of St. Mary and Milk Rivers Development colonization man ager shall be by that name a corporation sole and shall have perpetual succession with the power and capacity to,- (

a) acquire and hold in that name lands, securities and other real and personal property of every descrip tion; (

b) sue and be sued; (

c) execute instruments using an official seal; (

d) make leases; (

e) enter into engagements binding on himself and his successors in office; and <

f) do all other things necessary or expedient to be done in the execution of the duties of his office.

25 59.-

(1) There shall be an advisory 'committee appoint ed by the Minister whose function shall he to advise the colonization manager.

(2) The Minister may make all necessary rules and regu. lations respecting the same, the remuneration, rights, powers and duties thereof, and covering all matters there to appertaining, and such rules and regulations shall have effect as if set out in this Act. 60.-

(1) All lands and property vested in the St. Mary and Milk Rivers Development colonization manager shall be held in trust for His Majesty for the purposes of this Act.

(2) Where any land is held by any person under a lease from the colonization manager, the ,colonization manager is herehy authorized and empowered to pay to the manager the water rates, and to the municipality in which the land is situate, all taxes for any year out of the rent collected hy him for that year, and in case there is not sufficient revenue to pay hoth, he shall pay the manager and the municipality pro rata a,c,cording to the amount owing for water rates and taxes respectively. 61.

All lands which, after becoming the property of the manager under the provisions of this Act, have been offered for sale and have not been sold, shall be transferred by such manager to the colonization manager as trustee for His Maj esty as aforesaid, excepting always all lands which are required by the manager in ,connection with the operation of the district. 62.-

(1) The colonization manager may sell or may agree to sell any land acquired by him pursuant to this Act, at such price and upon such terms and conditions as to pay ment, or otherwise, as may be from time to time prescribed by the Lieutenant Governor in Council and may by himself, his agents, servants or nominees cultivate and carryon all farming operations on any or all lands vested in him.

(2) If default is made in the due payment of any sum pay able under any agreement for sale of any land, the coloniza tion manager may, with the approval of the Lieutenant Governor in Council, declare the agreement for sale can celled and thereupon such lands shall forthwith vest in the colonization manager as if the agreement for sale had not been made, and all the rights of any persons depending upon the agreement for sale shall cease and determine, and any moneys paid in respect of the agreement for sale shall be forfeited to His Majesty.

(3) Every instrument effecting any sale of land by the colonization manager and every instrument cancelling any such sale shall be made in triplicate and one copy of each of such instrument shall be filed in the office of the colonization manager and shall he there recorded, and every instrument so filed and the record thereof shall be open to inspection at all reasonable times.

26 63. The colonization manager shall not be liable to any action or proceeding or otherwise howsoever for any act done by him in the professed execution of his duties as col onization manager, unless a fiat authorizing the action or proceeding has been obtained from the Attorney General. 64. Subject to the provisions of any order in council from time to time appointing the colonization manager, or defining his powers and duties, the colonization manager shall have the following functions, duties and powers,- (

a) to enter into agreements conferring upon him as signable options for the purchase of parcels of land within, without, or partially within and partially without the district and to conduct negotiations for the sale or other disposal of such lands; (

b) to acquire by gift or to purchase or enter into agreements for the purchase of lands within, with out, or partially within and partially without the district; (

c) to lease such lands as the colonization manager may have in his possession or control on such terms and conditions as the colonization manager may deem proper; (

d) to purchase and sell to water users, building ma terial or buildings on such terms and conditions as the colonization manager may deem proper or to make loans for the purchase of the same; (

e) to purchase and to sell to water users, live stock on such terms and 'conditions as the colonization manager may deem proper or to make loans for the purchase of the same'; (

I) to expend money upon advertisements and other publicity, and to encourage colonization and settle ment of irrigable lands generally by all similar or appropriate means; (

g) to purchase and sell to water users, farming neces saries on such terms and conditions as the -coloniza tion manager may deem proper, or to make loans for the purchase of the same. 65.-1(1) The colonization manager, with the approval of the Lieutenant Governor in Council, may prescribe the forms to be used in carrying out the provisions of this Act and with the approval make such regulations not inconsist ent with this Act as he deems proper for carrying out the provisions of the same, and for the efficient administration thereof.

(2) Such regulations shall have the same force as if they formed part of this Act and may, with the approval of the Lieutenant Governor in Council, be repealed by the coloniza tion manager. 66.-

(1) The colonization manager may, for .the pur poses of this Act and with the approval of the Lleutenant

27 Governor in Council, borrow money from any chartered bank or other similar institution upon such terms and con .. ditions and with such times of repayment as the colonization manager thinks proper.

(2) The Lieutenant Governor in Council may guarantee any loan made to the colonization manager under the pro visions of this Act.

(3) The colonization manager may, for the purpose of securing the repayment of any money borrowed by him pursuant to this section, assign to the lender by way of security any moneys for the time being receivable or there after to become receivable by him in respect of any money at any time expended for or lent to any person by the colonization manager under the authority of this Act, and . the benefit of any securities which the colonization manager has for enforcing the .payment thereof.

(4) The colonization manager may prescribe the security to be given for any loans made by him under the provisions of this Act, the time or times at which the instalments by which and the other conditions subject to which such loans shall be made and the manner and dates of repayment thereof.

(5) Where the colonization manager has taken security upon any lumber or other material which has been annexed to a parcel of land in the form of a building or otherwise howsoever, such lumber or other material shall, as between the person giving the security thereon and the colonization manager, remain a chattel or chattels notwithstanding that they would otherwise be deemed to form part of the realty.

(6) All money lent by the colonization manager under the provisions of this Act shall be expended under his supervision. 67.-

(1) No money shall be expended for or lent to anyone water user for the or any of the purposes set out in

section 64, clauses (d), (

e) and (Ig) , in excess of the aggre gate sum of fifteen hundred dollars.

(2) All moneys expended for or lent to any water user for the purposes hereinbefore mentioned are hereby de clared to be a first lien and charge upon all crops and other farm produce grown or produced by the water user in the year in which the money is expended or lent and in every year thereafter, and upon any proceeds of the sale of such crops and produce until the same have been paid in full, and upon the colonization manager delivering to a buyer thereof a demand in writing for the amoullt of money here by declared to be a first lien and charge upon any proceeds of the sale, the buyer shall, out of such proceeds then remain ing in his hands, pay the amount of the demand to the colonization manager in priority to aU other claims and de mands whatsoever.

(3) The ·colonization manager may by himself or his agent enfor'ce the lien and char~e' upon t~e crops and pro· duce subject to the charge by dIstress, SeIzure and ~ale. of such crops and produce in any manner the col~n.IzatlOn manager may deem proper, and none of th~ provIsI01}S of The Seizures Act shall apply to any such dIstress, seIzure or sale.

(4) Where any crops or other farm pro~uce liable to seizure for moneys expended or lent as hereInbefore pro vided are under seizure or attachment or have been seized by the sheriff or by a bailiff of any court or are claimed by or in possession of any assignee for the benefit of creditors, or liquidator or of any trustee or authorized trustee in bank ruptcy or where such crops or produce have been converted into cash and are undistributed, it shall be sufficient for the colonization manager to, and he shall give to the sheriff.' bailiff, assignee or liquidator or trustee or authorized trustee in bankruptcy, notice of the amount due him, and in such case the sheriff, bailiff, assignee or liquidator or trustee or authorized trustee in bankruptcy, after deducting the lawful costs, charges and expenses of and incidental to the making and carrying out of the seizure, shall pay the amount of the same to the colonization manager in prefer ence and priority to any other and all other fees, charges, liens, or claims whatsoever.

(5) Where the proceeds of the sale of any such crops or produce have been attached by garnishment proceedings, it shall be sufficient for the colonization manager to. and he shall give the garnishee notice of the amount due to him, and in such case the garnishee shall pay the same to the coloniza tion manager in preference and priority to any other and all .charges, liens or claims whatsoever.

(6) Notwithstanding anything contained in

section 66, the provisions of this

section shall be subject to the pro visions of

section 73. 68.-

(1) Whenever any land subject to a first mortgage has been offered for sale under rate enforcement proceed ings and remains unsold in the ownership of the manager, the colonization manager shall have power to make an agreement with the persons, other than the manager, in terested in the land Or any of them, to the effect that in consideration of the first mortgagee agreeing to release his mortgage the colonization manager will, upon transfer of the land to him by the manager, hold it upon trust to sell the same and to divide the proceeds thereof, less a proper sum for the costs thereof, amongst the parties to the agreement and in such shares as may be set out therein. (2) ~he .government and every municipal district or school dIstrIct may agree to accept any sum as a discharge in full of its claim upon or to the land or proceeds of sale thereof. .

(3) The manager shall transfer the land to the colon ization manager forthwith after receiving notice from him that any such agreement as aforesaid has been entered into. 69. Upon the vesting of any land ,in the colonization manager or the making of any agreement for water right payments the Provincial Treasurer shall payout of moneys appropriated for the purpose by the LegIslature such sum or sums as is or are required to discharge the water rates or other charges which have been or may be imposed upon the lands under the provisions of this Act. 70.-

(1) The colonization manager shall be responsible for the collection of water right payments on lands whether inside or outside the district and the manager shall remit to him such sums as are from time to time paid to the manager for water right payments under the provisions of

section 29, and by virtue .of any agreement relating thereto.

(2) The colonization manager may enter into contracts pertaining to water right payments on lands outside the district.

(3) The colonization manager shall have all the rights, powers, privileges and duties with respect to the water right payments on lands whether inside or outside the district as are conferred or may be conferred on the manager with respect to water right payments by

section 29 or under any agreement made between the manager and any person. 71.-

(1) The colonization manager shall prepare and keep in his office a ledger which shaH be called the water right payment ledger in which he shall set down such of the following as shall ,be applicable in each case: (

a) the names of the owner, and if any, the names of the pur,chaser, lessee, or occupier or oc'cupant and each .of them, .of each parcel .of land in the district .or upon which a water right payment has been im posed although outside the district and his or their post .office address if kn.own, indicating after each name whether the same is that of an owner, pur chaser, lessee .or occupier .or occupant; (

b) the description of the parcel .of land; (

c) the amount imposed for the water right payment or .owing with respect thereto under any agreement providing for payment of the same; (

d) the am.ounts paid and 'remaining unpaid fr.om time to time f.or the water right payment, including pen alties and interest thereon.

(2) The water right payment ledger shall remain in the office of the colonization manager and shall be open for inspe,ction at all reasonable times.

(3) The c.olonizati.on manager shall record with the date of receipt all amounts paid to him for water right payments in the water 'right payment ledger under the legal descrip tion of the parcel of land in respect of which payment is made, ,and he shall issue an official receipt for every pay- ment. 72. All books and records pertaining to the work carried on by the colonization manager under this Act shall be at all

30 times subject to examination and audit by the Provincial Auditor or by such other person as the Lieutenant Governor in Council may authorize in that behalf. 73. The colonization manager shall annually make a re port to the Lieutenant Governor in Coun~il which shall contain,- (

a) a statement of the nature and amount of business transacted during the year; (

b) a statement of assets and liabilities and such other accounts as may be necessary to show the results of the operations of the colonization manager for the year; (

c) such general information as may be necessary to give complete presentation of all important opera tions of the colonization manager. 74. Whenever there is any discrepancy between the pro visions of

Part I and

Part II the provisions of

Part I shall prevail. 75. Notwithstanding anything contained in this Act, in case of confli,c.t, and as between themselves, the following liens and charges created under the provisions of this Act shall have priority according to the following order and moneys recovered thereunder shall be applied and paid out accordingly,- (

a) liens and charges with respect to water rates; (

b) liens and charges arising under the provisions of

section 31; (

c) liens and charges arising under the provisions of

section 67; (

d) liens and charges with respect to water right pay ments. 76. The St. Mary and Milk Rivers Development Act, being

chapter 5 of the Statutes of Alberta, 1946, is hereby repealed. 77. This Act shall come into force on the day upon which it is assented to.

SCHEDULE I. This Agreement made in duplicate this 23rd day of March, A.D. 1946. Between: HIS MAJESTY KING GEORGE VI, in the right of and for the benefit of His Province of Alberta, represented herein by the Minister of Agriculture and in charge of Water Re sources of the said Province (hereinafter called the "Province") Of the First Part,

81 -and- CANADIAN PACIFIC RAILWAY CaM P ANY, (hereinafter called the "Pacific Com-pany") . Of the Second Part, -and- THE ALBERTA RAILWAY AND IRRIGA TION COMPANY, (hereinafter called the "Irrigation Company") Of the Third Part.

Whereas the Alberta Irrigation Company was incor porated by a Charter granted pursuant to an A~t of the Government of Canada, 56 Victoria,

chapter 69, which Charter was revived by Act of the Government of Canada, 59 Victoria,

chapter 44; And

whereas the name of "The Alberta Irrigation Com pany" was by 62 and 63 Victoria,

chapter 93, changed to "The Canadian North West Irrigation Company"; And

whereas the Alberta Railway and Coal Company was incorporated by Acts of the Government of Canada, 1884, 47 Vi,ctoria,

chapter 86, and 1889, 52 Victoria,

chapter 50 as amended by 1890, 53 Victoria,

chapter 85, and 1891, 54 Victoria,

chapter 77; And

whereas the St. Mary's River Railway Company was incorporated by Act of the Government of Canada; 1900, 63 Victoria,

chapter 79; And

whereas The Alberta Railway and Irrigation Com pany was incorporated by 4, Edward VII,

chapter 43, and by Proclamation pursuant to said Act was amalgamated with The Canadian North West Irrigation Company, the Alberta Railway and Coal Company and The St. Mary's River Railway Company under the name of The Alberta Railway and Irrigation Company; And

whereas by Lease made the 5th day of October, 1911, between the Irrigation Company and the Pacific Company, duly authorized by the various Acts of the Parliament of Canada therein recited, and approved at meetings of the shareholders of the Irrigation Company and the Pacific Company as therein recited, the Irrigation Company leased to the Pacific Company the whole of the railways and branches which the Irrigation Company had been by law authorized to construct, and the Pacific Company became entitled as purchaser to the beneficial interest of the Irriga tion ,Company in the undertaking and works hereinafter described and generally all the assets and properties of the Irrigation Company other than the said demised railway, subject to the rights of the holders of certain debenture stock secured by a Trust Deed dated the 31st day of October, 1904, and made between the Irrigation Company, of the one part, and the Trustees, Executors and Securities Insurance Cor poration, Limited, of the other part, which said debenture

32 stock the Irrigation Company and the Pacific Company represent and warrant to the Province has been fully paid and satisfied and has been duly cancelled. And

whereas The Canadian North West Irrigation Com pany, The Alberta Railway and Coal COl?pany and the St. Mary's River Railway Company are hereInafter referred to as "the original companies"; And

whereas the Irrigation Company owns, maintains and operates in the southern portion of the Provinc~ of Alberta in an area east, south and south-west of the CIty of Leth bridge an undertaking and "works" (as works are defined by the Irrigation Act, R.S.C., 1927,

chapter 104) for the irrigation of lands in said area; And

whereas it has been agreed that the Province shall acquire the said undertaking and works and maintain and operate the same or provide for sU,ch maintenance and operation; And

whereas the said original companies and the Irriga tion Company have heretofore entered into certain Agree ments providing for the supply of water for the irrigation of lands in said area; NOW THIS AGREEMENT WITNESSETH as follows: 1.

The Irrigation Company and the Pacific Company shall assign and transfer and do hereby assign and transfer to the Provin,ce the entire undertaking and works (as works are defined by the said The Irrigation Act) comprised in the said area, east, south and south-west of the City of Lethbridge including all telephone lines and facilities used and operated in connection with the said undertaking except telephone lines and facilities located on the property owned and oper ated as a railway by the Irrigation Company or the Pacific Company and including all rights-of-way and easements for rights-of-way for .canals, reservoirs and structures, together with all powers, rights and privileges acquired by the Irriga tion Company or the said original companies from the Dominion of Canada or the Province of Alberta, pursuant to the provisions of the Irrigation Act, R.S.C., 1927,

chapter 104, or The Water Resources Act, R.S.A., 1942,

chapter 65, or otherwise howsoever, to take water from the St. Mary'S River, also known as the St. Mary River, and other rivers, streams and water courses in southern Alberta and to deliver the same for irrigation purposes and to collect rentals and other payments as hereinafter provided. 2. The Irrigation Company and the Pacific Company shall assign and transfer and do hereby assign and transfer to the Province the lands described in

Schedule "A" hereto, together with all buildings and improvements thereon. 3. Th~ Irrigation COI~pany and th~ Pacifi,c Company shall delIver to the PrOVInce the duplIcate certificates of title covering all lands to be transferred under this agree ment and all maps, plans, blue-prints and records required

33 by the Province relating to the said undertaking and works which are in the possession of the said companies or either of them and will furnish to the Province on request all information which the Province may require from the records or files in possession of the said companies or either of them relating to the said undertaking and works. 4.

Nothing in this agreement contained shall operate to transfer to the Province the mines and minerals (which without restricting the generality thereof, shall be deemed to include all gas and petroleum) belonging to the Irrigation Company or the said original companies, which may be found to exist in, upon or under the lands and works agreed to be transferred to the Province, but all such mines and minerals shall be excepted and reserved to the Irrigation Company or the said original companies, together with full power to the Irrigation Company and the said original com panies, their respective successors and assigns, to work the same; Provided that said exception and reservation shall not confer on the Irrigation Company or the said original com panies or their respective successors and assigns, any right, power or privilege to work the said mines and minerals under any portion of the said undertaking or works or within one hundred (10.0) yards therefrom without the leave of the Minister of the Province in charge of the administration of Water Resources, which leave shall not be unreasonably withheld, and on application to the said Minister for such leave the provisions of

section 84 of The Railway Act, R.S.A. 1942,

chapter 197, shall mutatis mutandis apply. 5. The Irrigation Company and the Pacific Company do hereby each assign and transfer to the Province all its right, title and interest in and to all horses, machinery, equipment and other chattels of every description heretofore used in connection with the said undertaking and works and all stores and supplies at Lethbridge or elsewhere purchased for use on the said undertaking and works. 6.

The Irrigation Company shall assign and transfer and does hereby assign and transfer to the Province all its right, title and interest in and to any and all agreements for the supplying of water in the said area, heretofore issued by the Irrigation Company or anyone of said original com panies and subsisting at the date of this agreement as same are detailed in

Schedule "B" of this agreement, and all benefit and advantage to be derived therefrom and all monies due as at the first day of February, A.D. 1946, which accrued due thereunder subsequent to the :30th day of April, A.p. 1944, and all monies to accrue due hereafter subject how ever to the observance and performance by the Province of all covenants on the part of the Irrigation Company or the said original companies therein contained, which the Prov ince covenants with the Irrigation Company to observe and perform; provided that no water agreements shall be deemed to be in default by reason of arrears of water rent and

34 interest which accrued due thereunder prior to the 1st day of May, A.D. 1944; and provided also that any monies col leCted by the Irrigation Company and the Pacific Comp~ny prior to 1st February, 1946, on account of rentals accruIng due in 1946 or thereafter shall belong to and be accounted for to the Province. 7.

The Irrigation Company agrees to furnish the Province with a list duly certified by the Manager of the Department of Natural Resources of the Pacific Company of the moneys owing under the Water Agreements as at the 1st day of February, A.D. 1946, and assigned to the Province by this Agreement, giving in the said list the legal description of each parcel of land involved and showing with respe~t to each parcel the amount owing and the name of the person who according to the records of the Irrigation Company or the Pacific Company is responsible for payment of the same and that the Irrigation Company and the Pacific Company and each of them will execute all documents and at the request and expense of the Province do all acts and other things requested to enable the Province to obtain payment of the said monies, and the Irrigation Company and the Pacifi,c Company covenant and agree with the Province that the said list is a correct statement of the amounts due and owing under said water agreements and that said companies ,will make good to the Province any amounts shown by said list to be due and owing but which are, in fact, not so due and owing. 8.

The Irrigation Company and the Pacific Company shall deliver to the Province the duplicates of the water agreements detailed in

Schedule "B" of this agreement and all correspondence, files and records in the possession of the said companies or either of them relating to the said water agreements. 9. The Irrigation Company and the Pacific Company will for a period of seven years from the date of this agreement, ea,ch keep in such manner as to be readily available at all reasonable times for inspection by the Province all corres pondence, files and records to which the Province is entitled under the provisions of paragraphs 3 and 8 of this agreement and which may not have been delivered to the Province. 10.

Any monies which have been assigned to the Province by paragraph 6 hereof and which may be collected by the Irrigation Company and the Pacific Company on and after the first day of February, 1946, shall be for the account of the Provin,ce. 11. Nothing herein contained shall be construed as con veyil!g to the Province any property, real or personal, acqUIred, held, owned, operated or used by the Irrigation Company or the Pacific Company for purposes other than the said undertaking and works. 12. The Irrigation Company and the Pacific Company agree to continue the operation of the undertaking and

35 works hereby transferred up to the date possession of the same is delivered to the Province. 13. The Irrigation Company and the Pacific Company agree to deliver possession of the said undertaking and works to the Province on such date as the Province may request possession of the same, being not more than thirty days after this Agreement is ratified by Statute of the Legislature of the Province of Alberta. 14.

The Pacift,c Company covenants to pay to the Province the sum of One Hundred Thousand Dollars ($100,000.00) in lavlful money of Canada at the City of Edmonton in the Province of Alberta as follows: $40,000.00 on the date possession of the said undertaking and works is taken by the Province and the balance of $60,000.00 within sixty days thereafter; Provided and it is hereby agreed that the Pacific Company may deduct from the said payment of $60,000.00 the follow ing: (

a) All monies expended by the Irrigation Company and the Padfic Company in respect of the operation, main tenance, renewal or repair of the said undertaking and works during the period from the first day of January, A.D. 1946, until the date possession of the said undertaking and works is delivered to the Province. (

b) All monies paid or to be paid by the Pacific Company for supplies and equipment not coming within the provisions of subparagraph (

a) of this paragraph, ordered for use on the said undertaking and works and delivered subsequent to the 31st day of December, A.D. 1945 and prior to the date of the $60,000.00 payment. (

c) The sum of $15,000.00 in respect of water rentals owing to the Irrigation Company and assigned to the Prov in.ce by paragraph 6 hereof. 15. The Irrigation Company and the Pacific Company agree that all goods, materials, supplies and equipment in respect of which deduction is made under the provisions of subparagraphs (

a) and (

b) of paragraph 14 shall thereupon become the absolute property of the Province and the deduc tions made under the provisions of the said subparagraphs (

a) and (

b) shall constitute full payment by the Province for the same. 16. The Province agrees to accept and does hereby accept from the Irrigation Company and the Pacific Company the assignm'Cnt and transfer of the undertaking and works and of the lands and water agreements all as above described and except with regard to damages sustained by third parties, liability for which arose prior to possession being delivered to the Province, agrees to assume and to save harmless and indemnify the Irrigation Company and the Pacific Company against and does hereby assume and indemnify the Irrigation Company and the Pacific Company

36 against all and every liability which now exists or hereafter may exist or arise against the Irrigation Company or the Pacific Company relating to the said undertaking and works or the said lands or any of the water agreements all as here inbefore transferred, or the operation, maintenance, .re newal or repair of said undertaking or works or any portIon thereof or the covenants on the part of the Irrigation Com pany or the said original companies contained in said water agreements or any of them. 17. The Province shall assign and transfer, and does hereby assign and transfer to the Irrigation Company, the lands and easements described in

Schedule "C" hereto, together with all buildings and improvements on said lands. 18.

(1) The Water service accorded by the Province to the lessees named in the said Agreements listed in

Schedule "B" hereto and persons who may become lessees pursuant to paragraphs 26 and 27 hereof, or to the districts named in paragraphs 23, 24 and 25 hereof, except with respect to any lessee or district in default under his or its Agreement, shall not be inferior in kind, amount or manner to that supplied by the Irrigation and Pa-cific Companies to the said lessees and to the said districts, or to that supplied to other water users served by the said undertaking or works, or any exten sion or increase in storage thereof whose water ·rate is the same as the said lessees.

The Province will not serve, or permit to be served, by the said undertaking or works, or any extension or development thereof, a larger total area than that now being served and that which the Province by the provisions of this Agreement has agreed to serve by the said undertaking and works until the water supply has been so increased by additional storage as to provide for the existing area the prevailing duty of water as fixed and provided by the rules and regulations now or hereafter made and prescribed under and by virtue of The Irrigation Act (Dominion) or The Water Resources Act, R.S.A. 1942,

chapter 65. and amendments thereto, for irrigation purposes provided that the Province shall at all times be at liberty to use surplus water from the present works to supply addi tional lands to those now being served.

(2) The said lessees or the said districts shall not be charged, nor shall their lands be charged, with any part of the actual costs of any reservoirs or storage which may hereafter be constructed or are now being constructed by way of extension of or addition to the said undertaking and works.

(3) The water rentals presently charged the said lessees and the said districts by the Irrigation Company and the Pacific Company will not be increased or added'to by the Province unless or until a water service is given by the Province in excess of, or in addition to, that required by the said Agreements.

(4) For the purposes of this

section the term "Lessee" shall mean the . lessees named in the Agreements listed in

Schedule "B" hereto, their heirs, executors, administrators and assigns. 19.

The Irrigation Company and the Pacific Company shall not be under any liability as and from the 1st day of January, A.D. 1946, for any taxes, rates and assessments which may on or subsequent to that date be levied or im posed, pursuant to any statute or statutory regulations of the Provin~e of Alberta, on the said undertaking and works or on the lands and easements transferred to tne Province by the Irrigation Company, and the Province does hereby assume as and from the 1st day of January, A.D. 1946, all and every obligation, liability and duty which may hereto fore have rested upon the Irrigation Company or the Pacific Company with regard to the said undertaking and works pursuant to the provisions of The Irrigation Act, Canada, 1927, R.S.C.

chapter 104, or The Water Resources Act, R.S.A. 1942,

chapter 65, and any authorization or license issued pursuant to the said statute or either of them. 20.

The Irrigation Company and the Pacific Company agree to waive and do hereby waive any claim which the Irrigation Company or the Pacific Company might here after have against the Province by reason of damage to the Railway or to the property of the Irrigation Company or the Pacifi,c Company used and held for railway operating pur poses resulting from seepage or from failure of any of the works of the Province, and not attributable to the negligence of the Province, its agents or servants, it being agreed that negligence shall not be imputed to the Province so long as the works from which such damage results are maintained and operated in a reasonable conformity with the standard of maintenance and operation hitherto maintained by the Irrigation Company or the Pacific Company. 21.

The Irrigation Company and the Pa'cific Company and the Province agree that in all cases where the Railway lines of either company have been or are ,constructed sub sequent to, and have been or are carried across, over or under any of the works transferred to the Province, the expense of maintaining, repairing and renewing all struc tures by which the said railway lines are so carried across, over or under the said works shall be borne by the Irrigation Company and the Pacific Company; and that where the works transferred to the Province are carried across, over or under the railway lines of the Irrigation Company or the Pacific Company and were constructed subsequent to the construction of such railway lines, the expense of maintain ing, repairing and renewing the structures by which the works transferred to the Province are so carried across, over or under the said railway lines shall be borne by the Province; Provided that the cost of 'reconstruction or rehabilitation of any structures, canals or other works, the use of which was discontinued prior to this Agreement, and of the future operation, maintenance, repair or renewal thereof, shall be borne by the Province.

38 22.

The Irrigation Company and the Pacific Company covenant with the Province to indemnify and save harmless the Province and any organization to which the undertaking and works or any part thereof may be transferred from and against any liability which mayor could attach to any of the works, lands, chattels, real or personal, choses in action or other assets or property hereby assigned or transferred or agreed to be assigned or transferred, under or by virtue of any bonds, debentures, notes or other securities heretofore issued by the Irrigation Company or the Pacific Company or any Trust Indenture securing the same. 23.

The Irrigation Company does hereby represent to the Province that there are outstanding between the Irrigation Company and the Board of Trustees of the Taber Irrigation District two Agreements dated respectively 12th July, 1919, and 8th June, 1928, and forming S.cheduled "D" and "E" to this Agreement and with respect to the said two agreements the Province and the Irrigation Company mutually covenant and agree as follows: (

a) The Irrigation Company does hereby assign and transfer to the Province all the right, title, benefit and interest of the Irrigation Company in and to each and every covenant contained in said Agreements on the part of said Trustees, except in so far as said covenants relate, refer or apply to the debentures provided for by said Agreements and the payment thereof, it being understood and agreed by and between the Province and the Irrigation Company that the said debentures shall remain the property of the Irriga tion Company and that the Province shall have no interest in same or the monies represented thereby. (

b) The Province will perform and fulfil, and will indem nify and save harmless the Irrigation Company against the performance and fulfillment of each and every covenant and obligation contained in said Agreements on the part of the Irrigation Company, except in so far as said covenants and obligations may relate to said debentures or the pay ment thereof. (

c) The Province will observe, carry out and fulfil each and every promise or concession which the Irrigation Com pany or the Pacific Company may have made in writing to said Trustees with respect to the carrying out and perform ance of said two Agreements by said Trustees, except that nothing in this paragraph contained shall apply to said debentures or the payment thereof. 24 ..

The Irrigation Company does hereby 'represent to the ProvInce that there are outstanding between the Irrigation Company and the Board of Trustees of the Magrath Irriga tion Distri,ct two Agreements, dated respectively the 18th day of June, 1926, and the 21st day of March, 1932, and forming Schedules "F" and "G" to this Agreement, and with respect to said Agreements the Province and the Irrigation Company mutually covenant and agree as follows:

89 (

a) The Irrigation Company does hereby assign and transfer to the Province all the right, title, benefit and interest of the Irrigation Company in and to each and every covenant and Agreement contained in said Agreements on the part of said rrrustees except in so far as said Covenants and Agreements relate, refer or apply to the debentures provided for by said Agreements and the payment thereof, it being understood and agreed by and between the Province and the Irrigation Company that the said debentures shall remain the property of the Irrigation Company and that the Province shall ha ve no interest in same or the monies represented thereby. (

b) The Province will perform and fulfil and will in demnify and save harmless the Irrigation Company against the performance and fulfillment of each and every covenant and obligation ,contained in said Agreements on the part of the Irrigation Company, e~cept in so far as said Covenants and obligations may relate to said debentures or the pay ment thereof. (

c) The Province will observe, carry out and fulfil each and every promise or concession which the Irrigation Com pany or the Pacific Company may have made in writing to said Trustees with respect to the carrying out and perform ance of said Agreements by said Trustees, except that noth ing in this paragraph shall apply to said debentures or the payment thereof. 25. The Irrigation Company does hereby 'represent to the Province that there is outstanding between the Irrigation Company and the Board of Trustees of the Raymond Irriga tion District an Agreement dated the 12th day of May, 1926, and forming

Schedule "H" to this Agreement, and with respect to said Agreement the Province and the Irrigation Company mutually covenant and agree as follows: (

a) The Irrigation Company does hereby assign and transfer to the Province aU the right, title, benefit and interest of the Irrigation Company in and to each and every covenant contained in said Agreement on the part of said Trustees except insofar as said covenants relate, refer or apply to the debentures provided for by said Agreement and the payment thereof, it being understood and agreed by and between the Province and the Irrigation Company that the said debentures shall remain the property of the Irrigation Company and that the Province shall have no interest in same or the monies represented thereby. (

b) The Province will perform and fulfill and will in indemnify and save harmless the Irrigation Company against the performance and fulfillment of each and every covenant and obligation contained in the said Agreement on the part of the Irrigation Company, except insofar as said covenants and obligations may relate to said debentures or the payment thereof. (

c) The Province will observe, carry out and fulfill each and every promise or concession which the Irrigation Com-

40 pany or the Pacific Company may have made in writing to said Trustees with respect to the carrying out and perform. ance of said Agreement by said Trustees, except that nothing in this paragraph contained shall apply to said debentures or the payment thereof.

Provided, however, that nothing herein shall operate to assign to the Province or to deprive the Irrigation Company or the Pacific Company of the benefits conferred upon the Irrigation Company or the Pacific Company by paragraph 4 of said Agreement dated 12th day of May, 1926, and in the contingency provided for by said paragraph 4 the Province 'will supply the water instead of the Irrigation Company at the Headgates of the Raymond Lateral and the Pacific Com· pany shall continue to pay the amount provided by said paragraph 4 as payable by the Pacific Company. 26.

The Province agrees that with regard to the parcels of lands set out in

Schedule "J" hereto it will, free of cost to the Irrigation Company, within a reasonable time after possession is delivered to the Province of the said under· taking and works enter into water agreements with the Irrigation Company for the supplying of water to the irrigable areas of the said parcels of land. 27.

The Province agrees that with regard to parcels of land registered in the name of the Irrigation Company and presently covered by agreements for sale issued by the Irrigation Company as vendor and in respe,ct of which there are existing water agreements which have been assigned to the Province by this Agreement that on each occasion on which the Company obtains possession of any of the said lands by reason of the agreement of sale presently in force or any subsequent agreement for sale covering the same lands being surrendered, cancelled or determined, the Province will, free of cost to the Irrigation Company, within thirty days after the Irrigation Company has so obtained possession and on request by the Irrigation Company, enter into a water agreement or agreements with the Irrigation Company or a purchaser or transferee of the said land from the Irrigation Company for the supplying of water to the irrigable area of the said land of which possession has so been obtained.

Provided always as follows: (

a) The Irrigation Company shall notify the Province when and as often as the Irrigation Company obtains a surrender of any agreement for sale or commences proceed. ings for cancellation or determination of same. (

b) The irrigable area in each parcel of land to which water is to be delivered shall be the irrigable area in said parcel according to the classification of the Government of the Province of Alberta. (

c) If the Irrigation Company obtains possession of any of the said lands covered by agreement for sale at any time during the months of January, February, March and April

41 in any year, the Irrigation Company upon the delivery to it or to a purchaser or transferee from it of an agreement for the supplying of water, executed and delivered by the Prov ince pursuant to this paragraph, shall pay to the Province the water rent payable in respect of the land covered by the said agreement for the calendar year in which possession of the land is obtained unless the said water rent has already been paid and also the unpaid arrears, not to exceed the immediately preceding two years' water rent, owing under the last water agreement covering the said lands prior to possession being obtained by the Irrigation Company. (

d) If the Irrigation Company obtains possession of any of the said lands covered by agreement for sale at any time during the months of May, June, July, August, September, October, November and December in any year, the Irrigation Company, upon the delivery to it or to a purchaser or trans feree from it of an agreement for the supplying of water executed and delivered by the Province pursuant to this paragraph, shall pay to the Province the water rent payable in respect of the land covered by the said agreement for the calendar year in which possession of the land is obtained unless the said water rent has already been paid and also the unpaid areas, not to exceed the immediately preceding one year's water rent, owing under the last water agreement covering the said lands prior to possession being obtained by the Irrigation Company.

Said water rental referred to in these subparagraphs (

c) and (

d) shall not be ,considered as costs above referred to. (

e) In cases where the agreement for sale surrendered, cancelled or determined contained more than 80 acres of land the Irrigation Company shall be entitled on request made to the Province to ha ve delivered to it or its purchaser or transferee, free of cost, separate water agreements covering said land, none of

Document details

Collection	Alberta — Bills
Citation	L11 S3 7079
Type	bill
Volume / chapter	L11 S3 7079
Language	en
Format	json
Source	PROVINCIAL
Identifier	142ddc8379b60b477dd4b0bcacdf921b1f1348d4

Source file is stored in the law ingest library (json).