Bill 71 (Legislature 10, Session 4)

L10 S4 7415

Alberta — Bills

Bill No. 71 of 1947. A BILL TO AMEND TltE WATER RESOURCES ACT. NOTE. In th41 above Act "water" over the diversion, etc., of which the Minister has control is defined in

section 2 (

u) a.s follow&: " •Water' when used in relation to any property therein or to a.ny right in respect thereof or to the diversion thereof, or to the usage thereof, means any wa.ter in any river, stream, water-course, lake, spring, ravine, canyon, lagoon, swamp, m·arsh or other body of water in the Province." While this definition is quite wide, cases a'lise where doubt exists whether certain water, sometimes only seasonal, comes within a strict construction of that definition. The purpose of the amendment made by

section of the Bill is oo give the Minister power to deal with su~h border line cases b( declaring certain water in a specified area to be "water' for the purposes of the Act.

Section of the Bill introduces a new

section 48a dealing with cases where the holder of a water right from an irriga tion district or other licensee divides his land into two or more portions by sale, etc., and wishes ·to divide hts right afid the cha.rge for same between those portions. The purpoae of the new

section is to secure that the water will be pro perly distributed to the advantage of all. W. S. GRAY\ Le(JiBmtive Counsel. (Tki8 note does not form any part of the Bill but -i.s offe·red in explanation of its p?'ovi.sitms.) BILL No. 71 of 1947.

An Act to amend The Water Resources Act. (Assented to ' 191,.7.) HIS MAJESTY, by and with the advi~e and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Water Resources Act, being

chapter of the Revised Statutes of Alberta, 1942, is hereby amended by adding immediately after

section thereof the following new

section : "6a. Notwithstanding any other provisions of this Act, the Minister may declare any surface water which is or may at any time be in a specified area to be water for the purposes of this Act, and upon such declaration being made and pub lished in one issue of The Alberta Gazette, the said water shall be deemed 'to be water within the definition · of that word in paragraph (

u) of

section 2." 2. The said Act is further amended by adding immedi ately after

section thereof the following new section: "48a.-

(1) When for any reason it is desired to appor tion the water supplied by a licensee to any par~el of land, and the charge therefor among two or more portions thereof, the applicant for the apportionment shall submit to the licensee plans and specifications of the additional ditches necessary to bring irrigation water to the boundary of the portions into which the parcel is proposed to be divided to gether with an estimate of the cost of constructing the ditches. "

(2) The licensee may refuse to make any apportionment of the water or the charges until the applicant has obtained t~e approval of the Minister, constru~ted the necessary ditches and other works and commuted or adjusted the charges on any land rendered non-irrigable. "

(3) Where the parcel is proposed to be subdivided into several small portions the Minister may by an order outline the method of distribution of water to the separate portions and the additional charge that shall be paid for service to each portion of the original parcel." 3. This Act shall come into force on the day upon which it is assented to. No. 71 FOURTH SESSION TENTH LEGISLATURE GEORGE VI BILL A Bill to amend The Water Resources Act. Received and read the First time ............................... ... .. Second time ...... _ ........................... .. Third time .. .... .............................. .

HoN. MR. MAcMILLAN. EDMONTON : A. Shnltka , KID&''• Printer Title: 1947 (10th, 4th) Bill 71,

An Act to amend The Water Resources Act

Document details

Collection	Alberta — Bills
Citation	L10 S4 7415
Type	bill
Volume / chapter	L10 S4 7415
Language	en
Format	json
Source	PROVINCIAL
Identifier	2cc58a6ece0dae1aff4ad8a184bc93aa10a57775

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