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The Water Rights Amendment Act

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If you need an official copy, contact Statutory Publications.

S.M. 2000, c. 18

THE WATER RIGHTS AMENDMENT ACT


 

(Assented to August 18, 2000)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. W80 amended

1         The Water Rights Act is amended by this Act.

2         Section 1 is amended by adding the following definitions in alphabetical order:

"construct", in relation to works and water control works, includes alter, reconstruct or improve; (« construire »)

"maintain", in relation to works or water control works, includes keep in existence; (« entretenir »)

"water body" means any location where water flows or is present, whether the flow or the presence of water is continuous, intermittent or occurs only during a flood, and includes wetlands and aquifers; (« plan d'eau »)

"water control works" means any dyke, dam, surface or subsurface drain, drainage, improved natural waterway, canal, tunnel, bridge, culvert borehole or contrivance for carrying or conducting water, that

(a) temporarily or permanently alters or may alter the flow or level of water, including but not limited to water in a water body, by any means, including drainage, or

(b) changes or may change the location or direction of flow of water, including but not limited to water in a water body, by any means, including drainage; (« ouvrages de régularisation des eaux »)

3         Section 2 is amended by striking out "or diversion" and substituting ", diversion or control".

4         Subsection 3(1) is amended

(a) in clause (a) of the English version, by adding "or she" after "he"; and

(b) by repealing clause (b) and substituting the following:

(b) construct, establish, operate or maintain any works, unless he or she holds a valid and subsisting licence to do so; or

(c) control water or construct, establish, operate or maintain any water control works, unless he or she holds a valid and subsisting licence to do so.

5(1)      Subsection 4(1) is amended

(a) by adding "or water control works" after "works" wherever it occurs in the section heading and in the section;

(b) in the part before clause (a),

(i) by striking out "or diverting" and substituting ", diverting or controlling", and

(ii) by adding "operating or" after "or is"; and

(c) by adding the following after clause (b):

(b.1) to cease controlling the water; or

5(2)      Subsection 4(3) is amended

(a) by adding "or water control works" after "works" in the section heading and in the section;

(b) in the English version, by adding "or she" after "he" wherever it occurs;

(c) by striking out "or diversion" and substituting ", diversion or control"; and

(d) by adding "blocked, filled," after "breached,".

5(3)      Subsection 4(6) is amended

(a) by striking out "or diversion" and substituting ", diversion or control"; and

(b) by adding "or water control works" after "works".

6         Subsection 5(1) is amended by striking out everything after "authorizing" and substituting the following:

(a) the use or diversion of water for any purpose; or

(b) the construction, establishment, operation or maintenance of works for any purpose; or

(c) the control of water and the construction, establishment, operation or maintenance of water control works.

7         Subsection 6(3) is amended by striking out "or diversion of water or the construction, establishment or maintenance of works proposed in an application for a licence and its" and substituting ", diversion or control of water or the construction, establishment, operation or maintenance of works or water control works proposed in an application for a licence and their".

8(1)      Subsection 7(1) is amended

(a) by striking out "or diversion" wherever it occurs and substituting ", diversion or control"; and

(b) by adding "or water control works" after "works" wherever it occurs.

8(2)      Clause 7(5)(a) is amended

(a) by striking out "or diversion" and substituting ", diversion or control"; and

(b) by adding "or water control works" after "works".

9         The following is added after section 7:

Application of sections 8 and 11

7.1       Sections 8 and 11 do not apply to licences for the control of water and the construction, establishment, operation or maintenance of water control works.

10        Section 10 is amended

(a) by striking out "or divert" and substituting ", divert or control";

(b) by adding "or water control works" after "works"; and

(c) in the English version, by adding "or she" after "he".

11        Section 16 is amended by adding "or water control works" after "works" wherever it occurs in the section heading and in the section.

12(1)      Subsection 17(1) is amended

(a) by adding "or water control works" after "works" wherever it occurs in the section heading and in the section; and

(b) in clause (c), by adding "breach, block, fill," after "to".

12(2)     Subsections 17(2) and (3) are amended by adding "or water control works" after "works" wherever it occurs.

13        Clause 18(a) is amended by adding "or water control works" after "works".

14        Subsection 23(3) is amended by adding "or water control works" after "works".

15        Section 26 is amended

(a) in clause (g), by adding "and water control works" after "works";

(b) by adding the following after clause (m):

(m.1) respecting the control of water;

(c) in clause (n), by adding "or water control works" after "works" wherever it occurs; and

(d) in clause (o), by adding ", water control works" after "works".

16        The following is added after section 26:

Priority over Municipal Act

27        Where there is a conflict between this Act and The Municipal Act, this Act prevails.

Transitional

17        A drainage licence issued under subsection 5(1) of The Water Rights Act and in effect on the day this Act comes into force is deemed to be a licence to control water and construct, establish, operate or maintain water control works issued under clause 5(1)(c) of The Water Rights Act, as enacted by section 6 of this Act.

Coming into force

18        This Act comes into force on the day it receives royal assent.