Kananaskis Falls and Horseshoe Falls Water Power Regulations — 1
NOW THEREFORE, under the authority of and subject to the Dominion Water Power Act , the Kananaskis Falls and Horseshoe Falls Water Power Regulations and The Alberta Natural Resources Transfer (Amendment) Act, 1945 , this Licence is issued, granting to the Licensee the right to divert and use for power purposes all of the waters of the Bow River at Horseshoe Falls within the area described below for a term of 31 years beginning on October 14, 1997, and the Licence is renewable in accordance with the regulations, as amended from time to time, made under the Dominion Water Power Act and is subject to those regulations as amended from time to time except to the extent the regulations are inconsistent with the terms of this Licence and to any existing rights that were created under the Irrigation Act . This right to divert and use the waters is to be exercised in accordance with the plans and specifications approved by the Minister of the Interior of Canada for the construction of the works and any modifications to those plans and specifications approved under the Regulations made under the Dominion Water Power Act and subject also to the following conditions: 1 The works shall be operated within the area shown on record plan no. HOT 18488 dated October 1995 and filed in the Office of the Director of Water-Power or in any other office under the jurisdiction of the Minister responsible for the Dominion Water Power Act . 2 The Licensee shall return all waters diverted from the Bow River to the channel through which they would have flowed had there not been a diversion of the waters, and they shall be returned in a manner that does not lessen the volume of water in the channel, from the point at which the waters are returned, as compared to the volume of water that would have flowed through the channel had there not been a diversion of the waters. 3 The Licensee shall indemnify the Crown against all actions, claims or demands against it by reason of anything done or not done or permitted to be done or not done by the Licensee under the authority of the Licence, including any renewals thereof, in the erection, construction, maintenance or operation of the works or in any way in the exercise or purported exercise of the rights and privileges so granted or agreed to be granted to the Licensee or otherwise, and the Licensee shall also indemnify the Crown against all actions, claims or demands whatsoever against it by reason of any failure of the dam and works. 4 The rental under this Licence shall be calculated and paid as follows: (a) for each licence year (being the period beginning on October 14 in one calendar year and ending on October 13 in the next calendar year, inclusive), (i) the amount of $36,000, payable on the first day of the licence year, and (ii) the amount by which the product of $0.60 and the total number of megawatt hours of power produced during the licence year exceeds the amount paid under subparagraph (i), payable no later than 60 days after the end of the licence year; (b) for the purpose of subparagraph (a)(ii), the amount of power produced shall be the total amount produced by all the generators as shown by the meters at the generators, without any reduction for any power consumed in the operation of the works; (c) the accuracy of the meters is subject to verification, at the expense of the Licensee by an inspector authorized by the Minister, which inspector shall perform the verification at least once every five years; (d) where an authorized inspector determines that a meter is inaccurate, the Licensee shall pay any balance owing on account of that inaccuracy within 30 days after the amount is determined or may reduce any amount owing under paragraph (a) by any overpayment on account of that inaccuracy; (e) in the event that the Licensee fails to make any of the required rental payments within 30 days after the date mentioned herein, the Licensee shall pay interest on arrears at the rate of one per cent per mon