Landowner Agreements. Based on the analysis under Section 7.5.1, the Secretary, upon acquisition of the Keno facility, will execute new agreements with landowners who currently have agreements in the Lake Ewauna to Keno reach, as the Secretary determines are necessary to avoid adverse impacts to the landowners resulting from the transfer, consistent with Applicable Law, operational requirements, and hydrologic conditions.
Landowner Agreements the Municipality will be responsible for:
(a) obtaining the written consent of all affected landowners and third parties to complete the Wetland Replacement Projects;
(b) securing Wetland Replacement Projects by negotiating and entering into formal written agreements with private landowners to secure lands for Wetland Replacement Projects as required;
(c) ensuring that landowner agreements:
(i) provide unrestricted access to the Municipality and the Province (notwithstanding the Province not being party to the agreement) to the lands required for the purposes of the Wetland Replacement Project, for the entire duration of the landowner agreement;
(ii) address compensation to the landowner (including amount and payment structure) for the securement of the landowner’s lands;
(iii) address permissible activities within and immediately surrounding the wetland and timing of those activities;
(iv) if the Municipality intends to enter into the landowner agreement prior to the Province and the Municipality entering into a Service Contract, the landowner agreement will be made subject to the condition precedent of the Municipality and the Province entering into a Service Contract for the Wetland Replacement Project;
(v) permit early termination by the Municipality if the related Service Contract is terminated prior to its expiry date;
(vi) have a minimum 10 year term, commencing on or about the commencement date of the Wetland Replacement Project;
(vii) contain an acknowledgement by the landowner that:
a. any wetlands restored or constructed on the landowner’s lands as part of the Wetland Replacement Project are protected by the restrictions in the Alberta Water Act and are subject to the Water Act and any other applicable acts, and
b. that any future activity that may impact the Wetland Replacement Project will require a wetland assessment and will be subject to the Alberta Wetland Policy; and
(viiii) are registered by the Municipality against the certificate of title to the landowner’s land for the duration of the landowner agreement.
(d) taking steps to address any landowner non-compliance with a landowner agreement; and
(e) providing copies of landowner agreements to the Province upon request.
Landowner Agreements. Deleted: a Secretarial n Affirmative Determination Deleted: he
Landowner Agreements. The Tribe and any landowners who may be affected by operations of the Tribe under a tribal Work Plan, may be protected and governed by site specific criteria applicable to groundwater withdrawals and, if applicable, to surface water withdrawals, determined by private agreement, which may include provisions for arbitration. Criteria for groundwater withdrawals may apply to well placement, construction and operation. Similar criteria for surface withdrawal pumps or other works will be identified, if appropriate, to implement the purpose and intent of this subsection. Any such private agreement may be presented to the District for approval and if so app roved by the Board the agreement shall have, as between the parties to such agreement, the force and effect of the Compact and, specifically, shall prevail in any dispute between the parties to such private agreement in the event of a conflict with the Compact, the Manual or with other applicable permitting criteria of the District. Nothing herein shall affect the authority of the District to evaluate Work Plans, permit applications, or other requests for approval under other provisions of the Compact or state law. Nothing herein shall be construed to preclude a third person from asserting that such Work Plan, permit application, or other request for approval adversely affects their substantial interests. The private agreement between the Tribe and United St ates Sugar Corporation entered into prior to May 15, 1987 is attached hereto as Exhibit A and made a part hereof. The private agreement between the Tribe and Xxxxx Bros., Inc. entered into prior to May 15, 1987 is attached hereto as Exhibit B and made a part hereof. Both private agreements are hereby approved.
Landowner Agreements
