Railway Belt Water Act — R-3.25 5
Licenses, contracts, etc. made by Dominion authority to be valid 5 (1) All records, grants, licenses, orders in council, or contracts of, for or affecting the use of water within the Railway Belt, granted on or before the sixth day of June, one thousand nine hundred and thirteen, or made by or on behalf of the Government of Canada or the Minister, shall, notwithstanding anything in this Act, be and be deemed to be valid and effective and shall be given effect to. (2) Subject to the property in and the rights to the use of water referred to in subsection one hereof, Administration under B.C. Water Acts (a) all water without distinction within the Railway Belt shall, during the pleasure of the Governor in Council, for the purposes of administration be under the control of the authorities of the province of British Columbia and be administered under and in accordance with the Water Acts, as if the said Acts were enacted by the Parliament of Canada subject to the provisions of this Act, and the officers and authorities having powers and duties to exercise and perform under the provisions of the Water Acts shall have the like powers and authority with respect to or in connection with the administration of the said water, and Licenses, contracts, etc., made by provincial or local authority to be valid (b) all records, grants, licenses, orders in council, claims or contracts of, for or affecting the use of water within the Railway Belt granted on or before the sixth day of June, one thousand nine hundred and thirteen, or purporting or bona fide claimed to have been granted, by any provincial or local authority and all applications to any such authority for records, grants, licences, orders in council, claims or contracts of, for or affecting the use of water within the Railway Belt made or pending on or before the sixth day of June, one thousand nine hundred and thirteen, shall be deemed to be valid and effective to the same extent for the like purposes, and subject in the like manner to the jurisdiction of the Board, and shall be subject to all the obligations and limitations imposed by the Water Acts, as if made, issued, authorized, claimed or pending with respect to water in British Columbia not within the Railway Belt. As to pending claims (3) All applications or claims for the use of water within the Railway Belt made on or before the sixth day of June, one thousand nine hundred and thirteen, to the Government of Canada or the Minister, shall be deemed to be valid and effective and shall be subject to the jurisdiction of the Board and given effect to under the provisions of the Water Acts to the same extent and for the like purposes as if such applications or claims had been made or were pending by, to or before the competent provincial or local authority under the provisions of the Water Acts with respect to the water in British Columbia not within the Railway Belt. As to Indian Reserves (4) All waters for irrigation allotted to Indians or Indian Reserves, whether allotted by the Indian Reserve Commissioners or recorded in Dominion or Provincial Government offices, and all applications to any provincial or local authority for the use of water within the Railway Belt in the interest if Indians or Indian reserves, shall be deemed to be valid and effective and subject to the jurisdiction of the Board and given effect to under the provisions of the Water Acts as if made, issued, authorized or pending by, to or before the competent provincial or local authority under the provisions of the Water Acts with respect to water in British Columbia not within the Railway Belt. 1913, c. 45, s. 4; 1926, c. 15, s. 3