Bill 85 (Legislature 14, Session 1)

L14 S1 5975

Alberta — Bills

No. 85 1st Session, 14th Legislature, Alberta 8 Elizabeth II BILL 85 A Bill to Terminate Certain vVater Agreements in the St. Mary and Milk Rivers Development HON. MR. HALMRAST Printed by L. S. WALL, Printer to the Queen's Most Excellent Majesty, Edmonton, Alberta, ]960

Explanatory Note 2. In an agreement made March 2'3, 1946, by the Province with the Canadian Pacific Railway Company and the Alberta Railway and Irrigation Oompany, the Province acquired certain irrigation works from the companies. This agreement was ratified by The St. Mary and Milk Rivers Development Act, 19 1 50, and is set out in the Schedules to that Act. The Province also acquired the companies' obligation to supply water. The obligations of the Pr'ovince are fixed by this agreement; the land to which it applies are specified in Schedules A to K of the Agreement.

The purpose of this Act is to terminate certain of these obUgations so that the water agreements may be revised. 3. The agreements specified in Schedules B, D, E, F, G, Hand K to the Agreement by the Province are made null and void and the covenants therein not binding on the Crown.

BILL No. 85 of 1960

An Act to Terminate Certain Water Agreements in the St. Mary and Milk Rivers Development (Assented to , 1960) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as "The St. Mary and Milk Rivers Water Agreements (Termination) Act". 2. In this Act the words "the Act" means The St. Mary and Milk Rivers Development Act, 1950, being

chapter 68 of the Statutes of Alberta, 1950, and all words and ex pressions used in this Act have the same meaning they have in that Act. 3.

(1) Notwithstanding any provision of the Act or of the Agreement forming

Schedule I of the Act, neither Her Majesty the Queen in right of Alberta nor the manager are bound or obliged to observe or perform. (

a) any covenants contained in any or all agreements for supplying water issued by the Irrigation Company or the original companies as the same are detailed in

Schedule B to

Schedule I of the Act, all of which agreements are hereby terminated, abro gated and declared to be null and void, (

b) any covenants contained in any agreement or agree ments for the supplying of water referred to in

section 8 of the Act which have not been included in

Schedule B of

Schedule I, all of which agree ments are hereby terminated, abrogated and de clared to be null and void, (

c) any covenants contained in any agreement or agree ments for the supply of water entered into by the manager in substitution for, or in replacement or in lieu of any agreement or agreements detailed in

Schedule B to

Schedule I of the Act or referred to in

section 8 of the Act, all of which agreements are hereby terminated, abrogated and declared to be null and void, (d.) any covenants contained in any agreement or agree ments, excepting those referred to in

section 4, made by the manager with any person or persons relating or pertaining to the supply of water for

Section 3 not to affect water agreements entered into pursuant to order in council 23/50.

2 irrigation purposes, and all such agreements are hereby terminated, abrogated and declared to be null and void, (

e) any covenants contained in the agreements made between the Irrigation Company and the Board of Trustees of the Taber Irrigation District, dated re spectively the 12th day of July, 1919, and the 8th day of June 1929 and forming Schedules D and E to

Schedule I of the Act, and the two agreements with the Board of Trustees of the Taber Irrigation District are hereby terminated, abrogated and de clared to be null and void, (

f) any covenants contained in the agreements made between the Irrigation Company and the Board of Trustees of the Magrath Irrigation District dated respectively the 18th day of June, 1926, and the 21st day of March, 1932, and forming Schedules F and G to

Schedule I of the Act, and the two agree ments with the Board of Trustees of the Magrath Irrigation District are hereby terminated, abro gated and declared to be null and void, (

g) any covenants contained in the agreement between the Irrigation Company and the Board of Trustees of the Raymond Irrigation District, dated the 12th day of May, 1926, and forrI1ing

Schedule H to

Schedule I of the Act, and the agreement with the Board of Trustees of the Raymond Irrigation District is hereby terminated, abrogated and de clared to be null and void, (

h) any covenants contained in any agreements for the sale of water rights or water agreelnents rela tive to the agreements for the sale of water rights, which pertain or relate to the lands described in

Schedule K of the Act and such agreements for the sale of water rights or water agreements relative to the said agreements for the sale of water rights are hereby terminated, abrogated and declared to be null and void.

(2) The provisions of paragraph 29 of the Agreement forming

Schedule I of the Act in so far only as they prevent, restrict or prohibit the Province, or the manager, except on terms and conditions acceptable to the Irrigation Company, from issuing new water agreements in place of water agreements which have been determined, are hereby declared to be null and void and of no effect. 4. Nothing in

section 3 shall be construed to in any way terminate or affect any agreement for the supply of water for irrigation purposes or water agreements made by the manager pursuant to order in council 23/50, dated January 10 1950 as the same may have been or be amended, and ev~ry su~h agreement is hereby ratified and confirmed.

3 5. AU the provisions of The St. Mary and Milk Rivers Develop ment Act are made applicable to the lands specified in Schedules B, J and K and

section 8 of the Act. 8. Notwithstanding the 1946 Agreement, the land described therein may be charged water rates at the same rates as apply to other lands under The St. Mary and Milk Rivers Development Act.

3 5.

(1) Neither Her Majesty the Queen in right o.f Alberta no.r the manager are bo.und o.r affected by any pro.visio.n in the Agree.ment fo.rming

Schedule I o.f the Act o.r by any co.venant therein, which in any way whatso.ever, whether directly o.r indirectly o.r o.therwise, restricts, co.ntro.ls o.r in any way abridges, o.r which purpo.rts o.r is intended, o.r has the effect o.f restricting, co.ntro.lling, o.r abridging the liberty o.r right o.f Her Majesty o.r the manager to. charge any lands included in the district with the actual Co.st o.f any reservo.irs o.r sto.rage co.nstructed by way o.f extensio.n o.r additio.n to. the undertaking and wo.rks referred to. in

Schedule I o.f the Act.

(2) Her Majesty the Queen and the manager, o.r either o.f them, are hereby autho.rized and empo.wered to. impo.se o.n any and all parcels o.f land included, described, o.r re ferred to. in Schedules B, J and K to. the agreement fo.rming

Schedule I o.f the Act o.r in sectio.n 8 o.f the Act, a water right payment as pro.vided in sectio.n 29 o.f the Act, in the same manner and to. the same extent as if the Agreement fo.rming

Schedule I o.f the Act had no.t been entered into..

(3) All o.f the pro.visio.ns o.f the Act apply (

a) to. the lands included o.r described in Schedules B, J and K of the agreement fo.rming

Schedule I o.f the Act, and (

b) to. the lands referred to. in sectio.n 8 o.f the Act, in the same manner and to. the same extent as they apply to. o.ther lands within the district, and the pro.visio.ns o.f the Act shall be read and co.nstrued so. as to. give effect to. the purpo.se and intent o.f this subsectio.n. 6.

(1) Neither Her Majesty the Queen in right o.f Alberta no.r the manager are bo.und o.r affected by any pro.visio.ns o.f the Agreement fo.rming

Schedule I o.f the Act o.r by any co.venant therein, which in any way, directly o.r indirectly o.r o.therwise restricts, co.ntro.ls o.r in any way abridges o.r which purpo.rts o.r is intended o.r has the effect o.f restrict ing, co.ntro.lling o.r abridging the liberty o.r right o.f Her Majesty o.r the manager to. increase o.r add to. the water rentals presently charged against the lands o.r the perso.ns included, described o.r referred to. in Schedules B, J and K to. the Agreement fo.rming

Schedule I o.f the Act, o.r in sectio.n 8 o.f the Act.

(2) Her Majesty and the manager, o.r either o.f them, are hereby autho.rized and empo.wered to. impo.se o.n any and all parcels o.f land included, described o.r referred to. in Schedules B, J and K to. the Agreement fo.rming

Schedule I o.f the Act o.r in sectio.n 8 o.f the Act, such wa'ter rental, water service charge o.r water rate as is pro.vided for in sectio.n 30 of the Aet, in the same manner and to. the same extent as if the agreement forming 8chedule I o.f the Act had no.t been entered into..

(3) All the pro.visio.ns o.f the Act apply to. the lands in cluded o.r described in Schedules B, J and K o.f the Agree ment fo.rming

Schedule I o.f the Act and to. the lands referred

7. No action may be maintained to enforce a covenant in an agreement terminated by this Act. 8. Provisions in The St. Mary and Milk Rivers Development Act 'dealing with the agreements being terminated by this A'ct are removed from that Act.

4 to in

section 8 of the Act, and to the water rental, water service charge or water rate, in the same manner and to the same extent as they apply to other lands within the district and the provisions of the Act shall be read and construed so as to give effect to the purpose and intent of this subsection. 7.

No person shall have, make or bring any claim, de mand, action, cause of action, suit, or other proceeding, whatsoever, against Her Majesty the Queen, the manager, the Canadian Pacific Railway Company or the Alberta Railway and Irrigation Company for the failure or refusal of them or of any of them to perform or observe any of the covenants, contained in any of the contracts or agreements which are described or referred to in

section 3, or which are set out or referred to in Schedules B, D, E, F, G, H, J and K to the Agreement forming

Schedule I of the Act or in

section 8 of the Act, or which apply or pertain to any lands referred to in any such contract or agreement. 8. The St. Mary and Milk Rivers Develop1nent Act, 1950, being

chapter 68 of the Statutes of Alberta, 1950, is amended in the manner and to the extent set out in the Appendix to this Act, being amendments consequential on the passing of this Act. 9. This Act comes into force on the day upon which it is assented to. (a) (b) (c) (d) (e) (

f) APPENDIX AMENDMENTS TO THE ST. MARY AND MILK RIVERS DEVELOPMENT ACT, 1950

Section 3 of the said Act is amended by striking out subsection (3);

Section 17 of the said Act is amended by striking out clause (

b) and by substituting the following: (

b) to enter into contracts for the supply of water in bulk upon such terms as may be agreed upon, in substitution for the agreements contained in Schedules D, E, F, G and H of the Agreement forming

Schedule I;

Section 19 of the said Act is amended by striking out subsection (2);

Section 29 of the said Act is amended by striking out subsection (5) ;

Section 30 of the said Act is amended by striking out subsection (5) ;

Section 30b of the said Act is repealed.

No. 85 FIRST SESSION FOURTEENTH LEGISLATURE 8 ELIZABETH II 1960 BILL

An Act to Terminate Certain Water Agreements in the St. Mary and Milk Rivers Development Received and read the First time ......................................... . Second time .......... .. Third time. HON. MR. HALMRAST Title: 1960 (14th, 1st) Bill 85,

An Act to Terminate Certain Water Agreements in the St. Mary and Milk Rivers Development

Document details

Collection	Alberta — Bills
Citation	L14 S1 5975
Type	bill
Volume / chapter	L14 S1 5975
Language	en
Format	json
Source	PROVINCIAL
Identifier	c6c4de11917a9ab7e8b851b9b4f20ad865a04cbe

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