Bill No. 40 of 1933. A BILL RESPECTING THE RAYMOND IRRIGATION DISTRICT. NOTE. By this Bill provision is made for the giving of validity to proceedings of the Raymond Irrigation District in the conduct of the affairs and business of the district to the extent that the same are in conflict with the provisions of The Irrigation Districts Act, upon the same being approved by the Director of Water Resources. R. ANDREW SMITH, Leg.islative Counsel. (This note does not form any part of the Bill .and is offered merely as a partial explanation of some of its provisions.)

BILL No. 40 of 1933.

An Act respecting the Raymond Irrigation District. (Assented to , 1933.)

WHEREAS the Raymond Irrigation District was formed under the provisions of The Irrigation Districts Act being

chapter 114 of the Revised Statutes of Alberta, 1922: on the eleventh day of March, 1925; and

Whereas the lands included in the said district consist of lands forming part of a tract ,of land which had been previously conveyed by the Crown to the Alberta Railway and Irrigation Company or its predecessors in title for the irrigation of which, amongst other lands, the company had acquired the right to divert water and construct irrigation works under the provisions of The North-West Irrigation Act, 1898, and of The Irrigation Act, being

chapter 61 of the Revised Statutes of Canada, 1906; and

Whereas, immediately before the formation of the said district so much of the land comprised therein as had been sold or agreed to be sold by the company as irrigable land entitled the owner to a supply of water for irrigation from the main canal of the company upon the owner constructing and maintaining at his own expense all ditches from the said canal to his land; and

Whereas the company was unwilling to sell as irrigable land any land comprised within the district which it owned at the time of the formation of the district upon any terms other than the terms upon which it had previously sold land as irrigable land; and

Whereas the district upon its formation acquired from the company the irrigation works of the company situate within the district together with the right to a supply of water for the purpose of irrigating the district; and

Whereas at the time of the formation of the district the scheme for the future conduct of the district which was then generally understood and accepted was to the effect that the district would deliver to the owners of irrigable lands in the district water for irrigation purposes to owners of irrigable land within the district at a convenient point on the canal acquired by the district, and that all ditches neces­ sary to convey the water should be constructed and main­ tained by the owner at his own expense; and

Whereas the district has since its formation down to the present time continued to conduct its affairs according to the above recited scheme; and

Whereas the provisions of The Irrigation Districts Act are at variance with the said scheme in so far as they relate to the construction of the ditches required to deliver water to the boundary of any irrigable land; and

Whereas it is convenient and proper and in the inter­ ests of the district as well as the public that the district should be enabled to carryon its operations according to the said recited scheme, and that all transactions, acts and things heretofore done in carrying on any operations in pur­ suance of the said scheme should be ratified, confirmed and validated;

Now, therefore, His Majesty, bv and with the advice and consent of the Legislative Assembly of the Province of Al­ berta, enacts as follows: 1. This Act may be cited as "The Raymond Irrigation District Act." 2.

The board of trustees of the Raymond Irrigation Dis­ trict shall be deemed to have complied with all the provi­ sions of The Irrigation Districts Act as to the delivery of water to any parcel which is shown upon the assessment roll of the district as containing any area to be irrigated by delivering the water at such point upon the canal of the dis­ trict, or any lateral or branch thereof owned by the board of trustees of the district as the trustees may fix as being the nearest point upon the canal at which it is practicable to provide a supply of water for the parcel. 3.

A plan showing the location of the canal of the district with any laterals or branches thereof owned by the board of trustees and showing also all the parcels of land in the district which contain any area to be irrigated shall be pre­ pared by the board of trustees of the district and filed in the office of the Director of Water Resources for the Province of Alberta, and such plan shall conform with all the re­ quirements of the said Director, and until such plan has' been so filed and has been approved by the said Director, this Act shall not have any force or effect. 4 ..

The district shall be under no duty to construct, main­ tain or operate any ditches in the district required for the' conveyance of water from any canal owned by the district to any parcel of land, and the right to receive water in re­ spect of any parcel entitled thereto shall be conditional upon the provision by the owner of the parcel of all ditches requi­ site for the conveyance thereof from the canal of the dis­ trict to the parcel. 5.

In case any conflict arises between any of the provi­ sions of The Irrigcdion Districts Act and any of the provi­ sions of this Act, the provisions of this Act shall prevail, and subject thereto the provisions of The Irrigation Dis­ tricts Act shall mutatis mutandis apply to the Raymond Irrigation District.

3 6.

Upon being approved by the Irrigation Council any act, proceeding, matter or thing done by the Raymond Irri­ gation District or by the board of trustees of the district at any time since its formation for the purpose of, or inci­ dentally to the conduct of the business and affairs of the district in accordance with the above recited scheme not­ withstanding that the same is in contravention of any pro­ vision of The Irrigation Districts Act or is not authorized by that Act, shall be deemed to have the same force and effect as if the same had been expressly authorized by sta­ tute, and upon approval shall be good, valid and effectual for all purposes whatsoever and shall not be questioned in any court of law or equity or subject to any proceedings by way of certiorari, quo warrclJ1tto, mcmdamus, prohibition or otherwise. 7.

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

THIRD SESSION SEVENTH LEGISLATURE 23 GEORGE V 1933 BILL

An Act respecting the Raymond Irrigation District. Received and read the First Second time .... Third time ..... HON. MR. BROWNLEE EDMONTON: W. D. McLEAN, KI"'G'S PRINTEI< 1933 Title: 1933 (7th, 3rd) Bill 40,

An Act respecting the Raymond Irrigation District