An Act to amend an Act relating to the City of 1907, c. 46. [12th March, 1909.] H IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows: 1. This Act may be cited as "Victoria City Special Powers Short title. Amendment Act, 1909." 2. Section 3 of chapter 46 of the Statutes of 1907, being " An Act Amends s. 3. Relating to the City of Victoria," is hereby amended by inserting after sub-section (7) the following sub-section : determine lot "(7A.) The Arbitrator so to be appointed shall have power, Arbitrator may without any further or other authority, to determine and, boundaries. subject to the approval of the Registrar-General of Titles, to demark and shew on the said official map the boundaries and numbers of all lots within the blocks shewn thereon, according to any plan or plans of said lands registered in the Land Registry at Victoria, and the said official map so amended is hereinafter referred to as 'said official map."" of sec. 3. 3. Sub-section (8) of said section 3 of said chapter 46 is hereby Amends sub-sec. (8) amended by striking out the word "plan," appearing on the fifth Corrects clerical and tenth lines of such section, and by substituting in each case errors. therefor the word "map." 4. Sub-section (9) of said section 3 of said chapter 46 is hereby Amends sub-sec. (9) amended by striking out the word "plan," appearing in the eighth of sec. 3. Corrects clerical errors. Pending legal proceedings not to be affected. line, and substituting therefor the word "map"; by inserting the word "said" on the third line of said sub-section (9), between the words"the" and "official"; by inserting the words "of said Act" after the figures "256," in the tenth line of said sub-section; and by striking out the figures "246," appearing in the seventeenth line of such section, and substituting therefor the figures "256." 5. Nothing in this Act contained shall affect pending legal proceedings. VICTORIA, B. C.: Printed by RICHARD WOLFENDEN, I.S.O., V.D., Printer to the King's Most Excellent Majesty. 1909. An Act to declare the Rights of the Crown in respect to Water and Water Power, and to Amend and Consolidate the Laws of the Province relating to the Diversion, Acquisition and Use of Water. W [12th March, 1909.] HEREAS all water in the Province, not under the exclusive Preamble. jurisdiction of the Parliament of Canada, remaining unrecorded and unappropriated on the 23rd day of April, 1892, has already been declared by the Legislature of the Province of British Columbia to be vested in the Crown in the right of the Province: And whereas, in the past, records of the right to divert and use water have been honestly but imperfectly made, resulting in confusion and litigation: And whereas it is desirable that the rights of existing users under former records should be properly declared: And whereas it is desirable and expedient that the law relating to the acquisition and use of water for all purposes should be amended and consolidated, and the right to acquire and use water be brought under one uniform system: Therefore, His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows: Short title. 1. This Act may be known and cited as the "Water Act, 1909." Short title. Interpretation. 2. In the construction and for the purposes of this Act, including this section (if not inconsistent with the context or subject-matter), the following terms shall have the respective meanings hereinafter assigned to them: "Chief Commissioner" shall mean the Chief Commissioner of Lands, and shall include any person for the time being lawfully acting in that capacity: "Department" shall mean the Department of Lands of the Provincial Government: "Water Commissioner” shall include the Chief Water Commissioner, and any Water Commissioner appointed for any one or more water districts, or any person for the time being lawfully acting in that capacity: "Chief Engineer" shall mean the Chief Engineer of the Department of Lands, or any person for the time being lawfully acting in that capacity: "Land Surveyor" shall mean any duly authorised British Columbia Land Surveyor: "Crown Lands" shall mean all lands of this Province held by the Crown without encumbrance: "Company" shall mean any incorporated Company, the object and powers of which extend to or include the construction or operation of works, or the supply or utilisation of water, under this Act: "Works" shall mean and include any and all dykes, dams, weirs, flood-gates, measuring devices, breakwaters, drains, ditches, canals, basins, reservoirs, tunnels, bridges, culverts, cribs, embankments, head works, flumes, aqueducts, pipes, pumps, and any and all contrivances for holding, carrying or conducting water, or other works which are authorised to be constructed under this Act: "Water" or "stream" shall include all natural water-courses or sources of water supply, whether usually containing water or not, and all rivers, lakes, creeks, springs, ravines and gulches, and all water-power: "Unrecorded water" shall mean all water which, for the time being, is not held under and used in accordance with a licence under this Act, or a record under any former Act, or under special grant by Public or Private Act, and shall include all water for the time being unappropriated or unoccupied and not used for a beneficial purpose: |