NON-ENFORCEMENT OF RIPARIAN RIGHTS IN CERTAIN CASES. (a) Where an Entitlement Reserve is established adjacent to a Waterbody, the Band agrees with Canada and Saskatchewan that the common law riparian rights referred to in section 6.04 shall be unenforceable by injunction, mandamus, prohibition, or similar prerogative writ for the purposes of preventing or delaying any Water Project provided that: (i) Canada and the Band were notified at least six (6) months in advance of any decision in relation to the approval of any Water Project; and (ii) the Band shall have been afforded active and meaningful participation in any decision by a decision making authority concerned with the approval or operation of any such Water Project. (b) The parties agree that nothing in this section limits the right of the Band to seek or obtain monetary compensation from Saskatchewan (including costs associated with obtaining such compensation) for damages suffered as the result of any interference with, loss of, or damage to, the Band's common law riparian rights.
Appears in 7 contracts
Samples: Treaty Land Entitlement Settlement Agreement, Treaty Land Entitlement Settlement Agreement, Treaty Land Entitlement Settlement Agreement
