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the words "not exceeding twenty years "; and by adding at the end of said section the following: "Any licence granted under this section may be renewed at the end of the said twenty years if the Minister, on the application for such renewal, is of the opinion that such renewal is in the public interest. The said renewal shall be subject to the payment of such rental, fee, tax, or royalty and to such terms, conditions, regulations, and restrictions as are fixed and imposed by any Statute or Order in Council in force at the time renewal is made or at any time thereafter."

64. Section 181 of the said chapter 239 is hereby repealed, and the following is substituted therefor:

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"181. Every person to whom any power or authority has been granted pursuant to chapter 168 of the Revised Statutes, 1897,' and has not surrendered such authority, nor received a licence under this Act in substitution therefor, shall file a statement of his claim or right to such power or authority before the Board of Investigation created by Part III. of this Act, and shall in respect thereof be governed by this Act, and shall pay to the Minister annually on the first day of June the sum of twenty-five dollars."

65. Section 187 of the said chapter 239 is hereby amended by striking out all the words before "shall" in the second line of the said section, and substituting therefor the words "The Board of Investigation"; and by striking out the word "Judge " in the eighth line of the said section, and substituting therefor the word "Board."

66. Sections 189 and 191 of the said chapter 239 are hereby amended by striking out the words " County Court Judge " wherever they appear in the said sections, and substituting therefor the word Board."

66

67. The said section 191 is hereby further amended by striking out the word "he" in the last line of the said section, and substituting therefor the word "they."

68. Section 192 of the said chapter 239 is hereby amended by striking out the words "otherwise by the applicant" in the third and fourth lines of the said section, and substituting therefor the following: "or by the applicant as may be ordered by the Board, who shall at the same time fix the costs at a lump sum."

69. Section 193 of the said chapter 239 is hereby amended by striking out the word "Judge" in the first line of the said section, and substituting therefor the words "the Board or any member thereof"; and by striking out the word "him" in the third line of the said section, and substituting therefor the words "a Judge of a County Court"; and by adding at the end of the said section the words "The provisions of Part III. of this Act shall be extended to this Part as far as applicable."

70. Section 194 of the said chapter 239 is hereby repealed, and the following is substituted therefor:

194. An appeal shall lie to the Court of Appeal from every order Appeal. or decision of the Board under this Part, and the Statutes and rules governing appeals from the judgment of a Judge of the Supreme Court to the Court of Appeal shall apply to and govern all appeals from the Board to the Court of Appeal."

71. Section 199 of the said chapter 239, as amended by said Regarding storage rights. chapter 49, is hereby amended by striking out the words "by the Water Recorder and his approval of the works and the licence granted by the Water Recorder" in the eighth, ninth, and tenth lines thereof, and substituting therefor the words "under this Act."

72. Section 252 of the said chapter 239 is hereby amended by Beneficial use striking out all the words after the word "used" in the fifth line thereof.

73. Section 253 of the said chapter 239, as amended by section 47 of the said chapter 49, is hereby repealed, and the following section. is substituted therefor :-

"253. When water is not being beneficially used by any licensee, Non-user. the Comptroller of Water Rights, upon notice to such licensee, and upon being satisfied that the quantity of water mentioned in the licence of such licensee is not being beneficially used, or is in excess of the requirements of such licensee, may grant a licence to any other person to take and use so much thereof as in the opinion of the Comptroller may be just to all parties. The decision of the Comptroller of Water Rights shall be subject to appeal to the Minister in manner hereinafter prescribed."

74. Section 254 of the said chapter 239 is hereby amended by Temporary non-user. inserting after the word "character," in the third line thereof, the

words" or if the original licence is one held by a municipality for

municipal purposes."

75. Section 255 of the said chapter 239 is hereby amended by Renewal of licence. striking out all the words after the word "void" in the third line thereof, and by substituting therefor the words "and the Comptroller of Water Rights shall make an entry in the register of licences to that effect: Provided that, if the Board of Investigation has not held an adjudication respecting the waters of any particular stream, any holder of a right on the said stream may apply to the Board for the renewal of any licence or record held by him which has not yet become null and void as aforesaid; and upon the applicant giving to all persons likely to be affected by such renewal such notice as the Board may direct, and upon such hearing as the Board may deem expedient, the Board may renew the licence, giving

Cancellation for waste.

Orders to be obeyed.

Superfluous water.

Hydrants.

Appeal.

Approval of tolls.

Surplus water or power.

Inspection of works.

Summoning witnesses.

it the original or any priority it may deem just, and may reduce the quantity of water granted or may grant the quantity originally permitted."

76. Section 49 of the said chapter 49 is hereby amended by adding after the word "Council," in the fourth line of the said section, the words " or of the Minister."

77. Section 258 of the said chapter 239 is hereby amended by inserting after the word "Minister," in the second line thereof, the words "the Comptroller of Water Rights, the Engineer of the water district."

78. Section 259 of the said chapter 239 is hereby amended by striking out the word "culverts" in the second line of the said section, and substituting therefor the words "ditches, flumes, pipes, and other conduits."

79. Section 260 of the said chapter 239 is hereby amended by adding at the end thereof the words "Provided that, in the case of a company, payment or tender shall first be made of the lawful charges, rates, and rentals payable in respect of the said hydrants."

80. Section 269 of the said chapter 239 is amended by striking out all the words after the word "sections" in the third line thereof, and substituting therefor the words "to the Comptroller of Water Rights, and from him to the Minister."

81. Section 278 of the said chapter 239 is hereby amended by striking out the words "power company" in the first line of the said section, and substituting therefor the words "company having the right to use, sell, or dispose of water or power procured or generated from water"; and by striking out the word "power" in the fourth line of the said section.

82. Section 282 of the said chapter 239 is amended by inserting after the word " thereof," in the sixth line of the said section, the words" and upon the approval of the Board of Investigation or upon the order of the said Board."

83. Section 288A of the said chapter 239, as enacted by section 53 of the said chapter 49, is amended by striking out all the words after the word "by" in the seventh line thereof, and substituting therefor the words "the Engineer of the water district or by an engineer appointed by the Minister to make such inspection."

84. Section 290 of the said chapter 239, as amended by the said chapter 49, is hereby amended by striking out the words "or a

Water Recorder" in the first line of the said section, and substituting therefor the words "the Comptroller of Water Rights, the Water Recorder, or the Engineer of the water district."

irrigation.

85. Section 292 of the said chapter 239 is hereby amended by Municipalities and inserting after the word "licensee," in the fifth line of the said section, the words " and upon the approval of the Board of Investigation."

86. Section 299 of the said chapter 239, as amended by section Indian rights. 2 of the said chapter 49, is hereby amended by striking out the words "Water Recorder" in the twenty-fourth line of the said section 299, and substituting therefor the words "Comptroller of Water Rights."

87. Section 302 of the said chapter 239, as amended by the Indian rights. said chapter 49, is hereby amended by inserting after the word "Recorder," in the fourth line of the said section, the words "Engineer of a water district"; and by inserting after the word "Recorder," in the seventh line of the said section, the word "Engineer."

88. Section 305 of the said chapter 239 is hereby amended by Names of streams. striking out all the words in the first and second lines and the word "survey" in the third line of the said section, and substituting therefor the words "So soon as a water-rights map of any locality is prepared, the name of any stream appearing on the said map."

89. Section 311 of the said chapter 239 is hereby repealed, and the following is substituted therefor:

the Crown.

"311. The rents, royalties, tolls, and charges reserved and fixed Fees reserved to as aforesaid may be founded on the power produced or producible, the area of land to be served, the benefits derived, the quantity of water used, or the value of the privileges granted, as may be deemed expedient."

company's tolls.

90. Section 312 of the said chapter 239 is hereby amended by Approval of striking out the words "conveying or using water held under this Act or any former Act" in the first and second lines thereof, and substituting therefor the words "having the right under this Act or any former Act to sell, barter, or exchange water or water-power, or power generated by means of water or water-power"; and by inserting after the word "charges," in the last line thereof, the words "and may set out and determine the period of time during which such by-law, resolution, minute, schedule, or proceeding shall remain in force."

licences.

91. Sections 319, 320, and 321 of the said chapter 239, as amended Amendment of by the said chapter 49, are hereby amended by striking out the words

Amendment of licences.

Certificates as evidence.

Power to refer.

Rules under the Act.

Unlawful diversion.

Punishment of offenders.

"Comptroller of Water Rights" wherever they occur in the said sections, and substituting therefor the words "Board of Investigation."

92. Section 63 of the said chapter 49 is hereby amended by inserting after the word "Act," in the fifth line of the said section, the words "or contains some inaccuracy which can be corrected without affecting the rights of other parties, or which is incomplete or indefinite in its terms and conditions."

93. Section 323 of the said chapter 239, as amended by the said chapter 49, is hereby repealed, and the following substituted therefor:

"323. Any certificate granted by the Lieutenant-Governor in Council or by the Minister pursuant to this Act, and any record or licence set out in such certificate, shall, if such record, licence, or certificate shall not have been cancelled or legally declared null and void under any provisions of this Act or otherwise, be conclusive evidence in any Court of law or other tribunal in the Province of all matters and things therein contained, and shall not be inquired into or disturbed in any manner whatsoever, save in some proceeding to which the Attorney-General of the Province is a party, or by petition of right, or by the consent or at the request of the LieutenantGovernor in Council expressed through the said Attorney-General: "Provided that if the said certificate or the said licence has been amended under this Act, then the said certificate or licence as amended only shall be conclusive evidence as aforesaid.”

94. Section 324 of the said chapter 239 is hereby amended by inserting after the word "thing," in the second line of the said section, the words "to the Board of Investigation or."

95. Section 325 of the said chapter 239, as amended by the said chapter 49, is hereby amended by inserting after the words "Water Recorder," in the eleventh line of the said section, the words “the Engineer of a water district"; and by adding at the end of the said section the following subsection:

"(p.) Prescribing the forms to be used under this Act."

96. Subsection (2) of section 326 of the said chapter 239, as enacted by section 67 of the said chapter 49, is hereby amended by striking out the words "Water Recorder," and substituting therefor the words "the Water Recorder or the Engineer of a water district.” 97. Section 329 of the said chapter 239, as amended by the said chapter 49, is hereby amended by striking out all the words between "or" in the second line and "praying" in the fourth line of the said section, and substituting therefor the words "the Water Recorder or the Engineer of a water district may present a petition to the Minister."

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