Bill 147 (Legislature 15, Session 1)

L15 S1 1726

Alberta — Bills

No. 147 1st Session, 15th Legislature, Alberta 12 Elizabeth II BILL 147 A Bill to amend The Bow River Development Act HON. MR. STROM Printed by L. S. WALL, Printer to the Queen's Moat ~ent Majesty, EdmoDltOD, Alberta, 1984

Explanatory Note I. The Bow River Development Act, Statutes of Alberta, 1955,

chapter 48, amended. 2. 7a. Authority for the manager to enter into agreements for land development project~ for irrigation purposes. 7b. The manager will be able to designate adjacent lands as an "irrigable unit" and thus control dispositions of part of the land resulting in that land having no delivery point for water. At present, the result is that the "isolated"

part is reclassified in the water rates ledger as not liable for water rates or water right payments and any extension of the irrigation works to that

part is paid for by the manager, i.e., by all water users in the district. A similar pro vision is being included in the Bill amending The 'Irrigation Districts Act.

BILL No. 147 of 19'64

An Act to amend The Bow River Development Act (Assented to , 1964) HER MAJESTY, by and with the advice and consent of , the Legislative Assenlbly of the Province of Alberta, enacts as follows: 1. The Bow River Development Act is hereby amended. 2. The following sections are added after

section 7: 7a.

(1) The manager may enter into an agreement with a water user providing for (

a) the sloping, levelling and preparation of the water user's land for irrigation purposes and the con struction of such drainage systems and water con trol structures as are necessary for the purpose of irriga ting or draining the land, (

b) the financing and carrying out of the work, and (

c) the terms of repayment by the water user to the manager.

(2) Where a water user defaults in the making of any payment to the manager under an agreement made pur suant to subsection (1), the amount in default may be re covered in any manner that water rates may be recovered and may be dealt with under this Part as if it were arrears of water rates.

(3) The indebtedness of a water user under an agree ment made pursuant to subsection (1) is a charge against the land that is the subject of the agreement and the manager may register a caveat pertaining to the agreement pursuant to The Land Titles Act against that land. 7b.

(1) The manager may by order designate as an "irrigable unit" any lands in the district consisting of two or more adjacent quarter sections or parts of quarter sections where (

a) the lands are registered in the name of the same owner, and (

b) the whole or any part of the lands are shown in the water rates ledger of the district as irrigated or to be irrigated and are actually irrigated or can be

3. Subsection (2) is revised to conform with the wording in

section 14 (2) of The Irrigation Districts Act. Subsection (3) is revised to bring up to date references to

section numbers as they appear in the 1942 Revision of the Statutes. 2

irrigated as a uni t from the existing irriga tion works of the manager.

(2) The manager may file with the Registrar of Titles for the land registration district in which the land is situated a copy of the order designating the irrigable unit and shall notify the registered owner concerned of the order and the provisions of this

section . • ~3) The ~egistrar of Titles shall endorse upon every cer tIfIcate of tItle to the land affected by the order a notice that the land is designated as or as part of an irrigable unit and that this

section applies in respect of the land.

(4) After the filing of a copy of the order no instru ment given by the registered owner or any other person owning any estate or interest in the land and purporting to transfer, sell, agree to sell, lease, sublease, mortgage, en cumber or otherwise deal with a part only of the irrigable unit is valid or effective until the instrument is consented to by the manager and a memorandum of the manager's consent is endorsed on or annexed to the instrument.

(5) The consent of the manager under subsection (4) may be made subject to such terms and conditions as the manager may prescribe but in any case the consent shall be deemed to be subject to the following conditions, namely, 2 (

a) that the cost of extending the irrigation works of the manager to any part of the irrigable unit or the cost of providing for the continued and uninter rupted irrigation or drainage of any part of the irrigable unit from the existing irrigation works of the manager is to be borne by the person giving the instrument unless the manager waives the con dition or unless the parties to the instrument other wise agree, and (

b) that no change is to be made in the classification in the water rates ledger of any land in the irrig able unit unless the manager otherwise agrees.

Section 8 is amended (

a) as to subsection (2) by striking out the words "on account of" and by substituting the words "owing to", (

b) by striking out subsection (3) and by substituting the following: (3) Subsections (3) to (15) of

section 14 of The Irrigation Districts Act apply as far as practicable to a claim made under this

section and for that purpose a reference therein to a board of trustees of an irrigation district is deemed to be a reference to the manager.

4. The new

section lOa will permit the manager to acquire canal rights of way by agreements granting an interest less than the fee simple title. s.

Section 48 (1) gives to the Minister of Agriculture the same powers of expropriation that the Minister of Highways has under The Surveys and Expropriation Act. The reference to the "manner" of expropriation is de}eted as this is now dealt with in The Ex propriation Procedure Act. Subsection (2), which makes the provisions of The Surveys and Expropriation Act applicable, is no longer as The Expropriation Procedure Act applies to the proceedings in any event. 6.

Section 49 (1) gives the manager powers of expropriation under

Part VI of The Irrigation Districts Act. Subsection (2) gives the manager certain other powers of expropriation that are the same as those of an irrigation district under

section 17 of The Irrigation Districts Act. See clauses 4 and 6 of this Bill to amend the latter Act. The result is that because

section 17 will be put in

Part VI, subsection (2) of

section 49 of the Act amended by this Bill is no longer necessary. 7.

Section 65 (2) presently reads: "

(2) If default is made in the due payment of any sum payable under any agreement for sale of any land, the colonization manager may, with the approval of the Lieutenant Governor in Oouncii, declare the agreement for sale ,cancelled and thereupon the 'lands forthwith vest in the oolonization manager as if the agreement for sale had not been made, and aU the rights of any person depending upon the agreement for sale shall be deemed to cease and determine, and any moneys paid in respect of the agreement f.or sale shaH be forfeited to Her Majesty.".

The amendment will permit cancellation of any agreement for sale for default of any provision of the agreement and not just for default of payment of purchase moneys. 8. Commencement of Act. 3

4. The following

section is added after

section 10: lOa.

(1) Where by this Act the manager is permitted or authorized to acquire land, the manager may acquire any estate required by him in the land and may acquire any lesser interest by way of a profit, easement, right, privi le'ge or benefit in, over or derived froOm the land.

(2) An instrument granting any interest referred to in subsection (1) may be registered under The Land Titles Act.

Section 48 is amended (

a) as to subsection (1) by striking out the words "and may proceed in the same manner", (

h) by striking out subsection (2).

Section 49 is amended by striking out subsection (2).

Section 65, subsection (2) is amended by striking out the words "If default is made in the due payment of any sum payable under any agreement for sale of any land," and by substituting the words <I'If the purchaser fails to comply with any of the covenants, terms or conditions of an agreement for the sale of land entered into pursuant to this Part,". 8. This Act comes into force on the first day of June, 1964. 3

No. 147 FIRST SESSION FIFTEENTH LEGISLATURE 12 ELIZABE'rH II 1964 BILL

An Act to amend The Bow River Development Act Received and read the First time .... Second time . Third time HON. MR. STROM Title: 1964 (15th, 1st) Bill 147,

An Act to amend The Bow River Development Act

Document details

Collection	Alberta — Bills
Citation	L15 S1 1726
Type	bill
Volume / chapter	L15 S1 1726
Language	en
Format	json
Source	PROVINCIAL
Identifier	cb811579b7b08ba56be9c7eb00cb7cbe19d39891

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