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Water Rights Act (C.C.S.M. c. W80).

País/Territorio
Canadá
Subdivisión territorial
Manitoba
Tipo de documento
Legislación
Fecha
1988 (2019)
Fuente
FAO, FAOLEX
Materia
Agua
Palabra clave
Abastecimiento de agua Agua potable Irrigación Uso industrial del agua Derechos de agua Derecho al agua Instalaciones Participación pública Autorización/permiso Registro Derechos humanos
Área geográphica
Americas, Ártico, Asia y Pacifico, Pacífico Oriental, América del Norte, Atlántico Norte
Resumen

Except as otherwise provided in this Act, all property in, and all rights to the use, diversion or control of, all water in the province, insofar as the legislative jurisdiction of the Legislature extends thereto, are vested in the Crown in right of Manitoba. Except as otherwise provided in this Act or the regulations, no person shall (a) in any manner whatsoever use or divert water, unless he or she holds a valid and subsisting licence to do so; or (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. A class of works or water control works is not eligible to be designated under subsection (1) if, in the opinion of the Lieutenant Governor in Council, works or water control works of that class are likely to (a) significantly alter the flow or level of water; (b) result in a significant change in the location or direction of flow of water; (c) result in the loss or alteration of a prescribed class of wetland; or (d) have significant adverse environmental effects. A person may apply to the registrar, in a form approved by the minister, to register works or water control works. A person applying for registration must provide to the registrar (a) the information required by the application form and the regulations; (b) the prescribed documentation or other information necessary to establish that the proposed works or water control works are a registrable project of a particular class; and (c) any additional information required by the registrar. Subject to sections 5.1 and 7, the minister may issue a licence to any person who applies therefor, authorizing (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. Every licence is subject to such terms and conditions as may be prescribed in the regulations and such further terms and conditions as may be required by the minister. Every licence shall be in a form prescribed in the regulations or, where that form is not so prescribed, in a form prescribed by the minister. Upon expiry of the 15 days provided in subsection (3) in respect of any application, and before the minister determines whether or not to grant the application, a public hearing shall be held before the Municipal Board at which any person may make representations, either himself or through counsel, for or against the application. The order of priority of the purposes for which water may be used or diverted, or works constructed, established or maintained, in accordance with this Act is as follows: 1. domestic purposes; 2. municipal purposes; 3. agricultural purposes; 4. industrial purposes; 5. irrigation purposes; 6. other purposes.

Texto completo
Inglés
Página web
www.canlii.org