NON-ENFORCEMENT OF RIPARIAN RIGHTS IN CERTAIN CASES. (a) Where an Entitlement Reserve is established adjacent to a Waterbody, the Entitlement Bands agree 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 any Entitlement Band whose common law riparian rights have been affected, were notified at least six (6) months in advance of any decision in relation to the approval of any Water Project; and (ii) any Entitlement Band whose common law riparian rights have been affected by any such Water Project 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 an Entitlement 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, an Entitlement Band's common law riparian rights.
Appears in 3 contracts
Samples: Saskatchewan Treaty Land Entitlement Framework Agreement, Saskatchewan Treaty Land Entitlement Framework Agreement, Saskatchewan Treaty Land Entitlement Framework Agreement
NON-ENFORCEMENT OF RIPARIAN RIGHTS IN CERTAIN CASES. (a) Where an Entitlement Reserve is established adjacent to a Waterbody, the Entitlement Bands Band agree 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, Canada and any Entitlement the Band whose common law riparian rights have been affected, affected were notified at least six (6) months in advance of any decision in relation to the approval of any Water Project; and
(ii) any Entitlement the Band whose common law riparian rights have been affected by any such Water Project 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 an Entitlement 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, an Entitlement the Band's common law riparian rights.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
