Bill 94 (Legislature 10, Session 5)

L10 S5 7341

Alberta — Bills

Bill No. 94 of 1948. A BILL TO AMEND THE WATER RESOURCES ACT NOTE. This Bill amends

section 10 of the above Act by striking out subsection (7) and substituting two subsections (7) and (8). Under the provisions of subsection (3) of seetion 10, applications, subject to the date of the applications,. for the right to use water have precedence in the following order: (1) domestic purposes; (2) muni'cipal purposes; (3)· in. dustrial purposes; (4) irrigation purposes; (5) waterpower purposes; (6) other purposes.

Subsection (3) provides that a person requiring water for a purpose which has precedence over the purpose for which water is being used, may apply to the Minister to have such right cancelled in whole or in part, and if the Minister approves, such right may be cancelled in whole or in pa1:~t upon payment of compensa tion to the owner. By subsection (7) now in force the Lieuteriant Governor in Council was given power to reserve any unappropriated water and may 'authorize its allocation as he may deem best in the public interest. It was the intention of this sub

section that the water reserved by the Lieutenant Governor in Council should be removed from the appli,cation of sub section (3), which subsection authorizes the cancellation of an existing right in favour of persons having a prior right as above set out.

Some doubt has been raised as to whether this purpose has been effected, and the effect of the new subsection (7) is to authorize the Lieutenant Governor in Council to,- (1) authorize the allocation of the whole or part of the water reserved among the applicants as he may deem best in the public interest; (2) fix a period of time within which advantage may be taken of the appli~tion; (3) prescribe the relative order of precedence of the allotment, and in particular empowers the Lieuten ant Governor in Council to authorize the granting of a license or permit without the same being sub ject to cancellation or diminution as provided in subsection (3) unless it is so provided in the permit, and in such case subsections (3), (4) and (5) shall not apply to the license or permit.

It is also provided, however, t?at the license ~r permit may alternatively provide, if so desIred, that the rIghts granted shall be subject to cancellation or diminution upon payment

ii of compensation. The 'general purpose of the amendment is to give the Lieutenant Governor in Council authority to direct the issue of licenses and permits in either form . . / the ;:ptoPosed"'su:bsection (8) autho'rizes the Lieutenant Governor in Council to make an agreement with a. licensee to amend the terms of an existing license with respect to control by the Minister of stream flow or the surface level of any reservoir authorized thereby or the termination of the license by reason of the water being subsequently re quired for any other purpose.

For example, it is desired to· provide th'at'the Minister, with the approval 'of the Lieu tenant: Governor i.n Council, may, for instance,allocate by agreement, with a li~ensee having the right to use :water for power· purpose's, some or all of that water for irrigation purPoses or may terminate the license by reason of the wa.ter bein'g permanently required for irrigation., This is:·made"subjeet to compensation. W. S. GRAY, Legislative Counsel. (This note. does not form any part of the Bill but is offered in explanation of its provisions.)

BIL'L Bill 94 .of 1948.

An Act to amend The Water Resources' Act. (Assented ~o 1948.) HIS MAJ~ST~, by and with the advice :and ;cons~llt :of the LegIslatIve Assembly of the Province of Alberta. enacts as follows: 1. The Water Resources Act, being

chapter 65 of the Revised Statutes of Alberta, 1942, is hereby amended as to

section 10 by striking out subsection (7) thereof and by substituting therefor the following: "

(7) Notwithstanding any other provision of this Act the Lieutenant Governor in Council may reserve any un~ appropriated water, the property in which is vested in the Crown in the right of the Province in order that he may de termine how the water may be used to the best advantage, and may thereafter authorize the allocation of the whole or any part of the water so reserved among the applicants therefor or otherwise, as he may deem best in the public interest, and may fix a period of time within which advant age may be taken of the allocation and may prescribe the relative order of precedence of the allotments made in the allocation and in particular, but without in any way limiting the generality of the foregoing, the Lieutenant Governor in Council may authorize the granting of a permit or license for the diversion and use for any purpose mentioned in sub section (1) of the whole or any part of the water so re served, which permit or license and the rights granted thereby shall not be subj ect to cancellation or diminution by reason of the water being subsequently required for any other purpose unless so provided in su~h permit or license, and subsections (3), ( 4) and (5) shall not apply to any such permit or license or to any renewal or extension there of, but such permit or license may provide for the cancella tion or diminution thereof and the rights granted thereby upon payment of compensation to be fixed in such.manner as the Lieutenant Governor in Council may authorIze, and as shall be set out in such permit or license: "Provided that no applicant shall acquire the ri~ht to divert or use any such water until he has complied ~Ith the provisions of this Act and the regulations respecting the procedure to be followed in obtaining permits or licenses.

"

(8) Notwithstanding any other provision of th.is Act, the Lieutenant Governor in Council may authorIze the Minister by agreement with the licensee to amend the terms

2 of any existing license whether granted pursuant to the Dominion Water Power Act Dr this Act for the diversion of any water, the property in which is vested in the Crown in the 'right of the Province, or of any regulations incorpor ated therein, with respect to control by the Minister of stream flow or of the surface level .of any reservoir author ized thereby or the termination of sU,ch license by reason of the water being subsequently required for any other purpose upon such terms as to cDmpensation and otherwise as he may deem best in the public interest and as shall be set oUt in such agreement, and from and after the making of such ag-reement subsections (3), (4) and (5) shall not a'pply to such license or to any renewal or extension thereof." 2.

This Act shall come into force on the day upon which it is assented to. '

FIFTH SESSION TENTH LEGISLATURE 12 GEORGE VI 1948 BILL

An Act to amend The Water Resources Act. Received and read the First time ........................ . Second time ............ .. Third time HON. MR. MACMILI.lAN. Title: 1948 (10th, 5th) Bill 94,

An Act to amend The Water Resources Act

Document details

Collection	Alberta — Bills
Citation	L10 S5 7341
Type	bill
Volume / chapter	L10 S5 7341
Language	en
Format	json
Source	PROVINCIAL
Identifier	747db8c97b65efeafae03aa051f62b66a277b3db

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