The construction and maintenance of réservoirs for

the storage of the water of lakes, ponds, rivers and streams

7 30 5e. Subject to the provisions of this subsection, of other spécial and general acts, and to any conditions the Lieutenant-Governor in Council may be pleased to détermine, it shall be allowed to keep stored up, in ail seasons, the waters of lakes, ponds, rivers and streams, with the object of conserving them so as to regulate their flow, either by their natural outlets or by a déviation therefrom, and thus to ensure a uniform supply to water- works Systems and mills, and a constancy of hydraulic power, and, for that object, to construct and maintain dams, dikes, embankments and accessories, and other necessary or useful works. 8 Geo. V, ch. 70, s. 1.

7 305/. No work mentioned in article 7305e of which the construction or maintenance nécessitâtes the taking possession or occupation of public property or of that of a third person, or prejudicially affects either of such properties, or any rights of a third person or of the Province, either by the backing up of the water or otherwise, may be constructed or maintained, unless the plan and spécifications relating thereto hâve previously been approved by the Lieutenant-Governor in Council. 8 Geo. V, ch. 70, s. 1.

7 3 05 g. If any such work is constructed without such approval, or if, after having been constructed, it is not kept up in accordance with the plan and spécifications which hâve been so approved, the démolition of such work, and the restoration of such lands, either public or private, to their original condition or to a condition as nearly as possible approaching thereto, may be ordered, by any court of competent jurisdiction, upon an ordinary action instituted by the Crown or by any interested party, according as the land taken, occupied or affected is public or private property, without préjudice to any other recourse at law. 8 Geo. Y, ch. 70, s. 1.

Allowed to store waters of lakes, &e.

for certain pur poses.

Approval of Lt.-Gov. in C. for plan and spécifications.

On penalty of démolition,

Application hy pétition.

Contents.

In case of individual.

Deposit.

Notice.

Approval by Lt.-Gov. in

7305 h, Any corporation, partnership or person intending to construct any such work, must apply by pétition to the Lieutenant-Governor in Council, and forward such pétition to the Minister of Lands and Forests, with a plan, spécifications and a mémorandum, shewing :

a. The description of the land where the proposed work will be constructed ;

b. The area, the description and the nature of the lands, as well as the other rights which will be affected by the backing up of the water ;

c. The area of the basin drained by the lake, the pool, the river or the stream, and the tributaries thereof, which will be affected ;

d. The nature and approximate cost of the proposed work ;

e. The increase in the volume of water which will resuit therefrom ;

f. The total quantity of the flow, and of the volume of water which such lake, pool, river or stream, so improved, will produce. 8 Geo. Y, ch. 70, s. 1.

730 5 i. If any part of the lands or rights taken, occupied or affected belongs to an individual, it shall likewise be obligatory to :

a. Deposit a duplicate or a copy of the plan and spécifications mentioned in article 7305 h at the registry office of the registration division where it is intended to carry on the work, where they may be examined by any person during office hours ; and

b. Give a notice, in accordance with the form A, of the application and of the deposit of such plan and spécifications, by advertisement published in one issue of the Quebec Official Gazette, and also, in the locality where it is intended to carry on the work, in the manner in which municipal public notices are there published ; provided that, if the work is to be carried on in a territory not yet organized, the notice in the Quebec Official Gazette shall be sufficient. 8 Geo. V, ch. 70, s. 1.

7305;. The Lieutenant-Governor in Council may approve, purely and simply, any plan and spécifications submitted for approval under this subsection, or may approve them subject to such modifications and conditions as he

may deem useful or expédient, or may refuse to approve them. 8 Geo. V, ch. 70, s. 1.

7305 k. If it is indispensable, for the construction and maintenance of any such work, to take or occupy any part whatever of a private property, or if such work must hâve the effect of flooding or otherwise prejudicially affecting such property or any other right belonging to a third party, proceedings must be taken, failing an agreement, for the expropriation of the land absolutely necessary, and, in every case, for the appraisal of the damages cau«ed by the construction or the maintenance of the work.

The offer of compensation, the appointaient of arbitrators, the proceedings in expropriation, the fixing of the compensation, and ail other formalities shall be subject to the analogous provisions of the Provincial Railway Act, in force at the time of the expropriation.

The expropriating party may not take possession until after the award is rendered and the compensation paid, but the Superior Court of the district, or a judge of that court, may grant, at any time, on pétition, immédiate possession of the land to be expropriated, in accordance with the provisions of article 6579, and on such other conditions as he may deem just.

No expropriation may be held under this article, save for the construction or maintenance of a work coming within the scope of this article, which is intended, either alone or with other works, to supply a fall or a rapid giving a natural power of at least two hundred horse-power, or a waterworks system for domestic or industrial purposes, and may not, in any case, he held to the préjudice of any industry already established, of a waterworks system supplying, either wholly or parfially, a municipality, nor of any privilège granted by a spécial act. 8 Geo. V, ch. 70, s. 1.

“7305Z. If the construction and maintenance of any such work nécessitâtes the taking possession or occupation of any public lands, or if such work must hâve the effect of flooding or otherwise prejudicially affecting such public lands or any other rights of the Province, it shall be necessary to obtain from the Lieutenant-Governor in Council, in advance, in addition to the approval referred to in article 730 5j, in considération of an annual rental or other rémunération, a con-

Expropriation of private property in certain cases.

Provisions

applicable.

Possession.

Purposes for which expropriation may take place.

Concession to be obtained in certain case.

Works already constructed nia.', be used.

Tariff may be established by Lt.-Gov.

in C.

Basis of tariff.

Expenses.

Tariff of fees.

Lt.-Gov. in C. may acquire by purchase any such work.

cession of the lands or the public rights which will be so taken, occupied or affected. 8 Geo. V, ch. 70, s. 1.

7 30 5m. The owner oi any work constructed or maintained to facilitate the transmission of timber, in accordance with the provisions of article 7297 and following, may make use thereof — with or without any alterations — for the purpose of storing the water at ail seasons for any of the objects set out in article 7305e, on compliance with the provisions of this subsection, which shall thereafter apply to such work, as well as to the corporaton, partnership or person owning, possessing or operating the same, as if such work had been originally constructed for the storage of water in ail seasons. 8 Geo. V, ch. 70, s. 1.

730 5n. The Lieutenant-Governor in Council may, on the report of the Minister of Lands and Forests, on the pétition of any corporation, partnership or person owning, possessing or operating a réservoir formed by any work coming within the scope of article 7305e, establish a tariff fixing the amount which third persons must pay periodically to the said owner, possessor of or person operating such réservoir, for the use they make of any quantity of water stored in excess of the volume which such lake, pool, river or stream would hâve furnished if such work had not been constructed.

Such tariff shall be based on the total value of the work and improvements, on the cost of maintenance and on any other considération which may be deemed just and équitable.

Ail expenses incurred with a view to arrive at and fix the said tariff shall be at the charge of the person applying for the same. 8 Geo. V, ch. 70, s. 1.

7305 o. The Lieutenant-Governor in Council may make, amend or repeal any tariff of fees, as he ma}r deem just, in regard to the approval of plans and spécifications subinitted under article 7305 h, and the examination and study found necessary. 8 Geo. V, ch. 70. s. 1.

7 3 ©5p. The Lieutenant-Governor in Council may, at any time, when he deems it in the public interest, acquire by agreement any work coming within the scope of this subsection.

The purchase price of such work, as well as the costs of such purchase, shall be taken out of the funds which are from time to time voted for that purpose by the Législature. 8 Geo. V, ch. 70, s. 1.

Form A. — ( Article 7305i)

Public notice is hereby given, in accordance with article 7305i of the Revised Statutes, 1909, that of the of ,

in the county of , intends

to execute the folio wing work ( state here the nature of the work), to store at ail seasons the waters of ( here indicate the lake, pool, river or stream in question), with the object of conserving them so as to regulate their flow, and thus to ensure a uniform supply to waterworks Systems and to mills, and a constancy of hydraulic power.

Notice is also given that a pétition to that effect, accompanied by a plan and spécifications shewing the site and the nature of the work or of the improvement (as the case may he), and the land which will be affected by such work, has been forwarded to the Minister of Lands and Forests, and that a duplicate of such plan and spécifications has been deposited at the registry office of the registration division of

The application contained in the pétition will be taken into considération by the Lieutenant-Governor in Council on or after the tenth day following the date of the publication of this notice in the Quebec Official Gazette. 8 Geo. Y, ch. 70, s. 1.

Purchase

price.

Petitioner.

Unmarked logB whom to belong to.

Statement of logs to be furnished to person intending to drive on same river.

Effect of default.

Who entitled to grass on St. Lawrence below Quebec.

Action of trespass.

Sorting on logs on lakes and rivers — Grass growing on beach of the South Side of St Lawrence river below the city of Quebec— Art. 591' and following C. Code.

7306. Unless the person claiming or detaining them proves his exclusive right of ownership or possession, ail unmarked logs, or logs from which the marks are effaced, on lakes, rivers or steams, or on their shores or banks or in the sorting booms, shall belong to ail the persons who hâve driven or floated logs on such lake, river or stream, during the same season, in proportion to the number of logs which such persons hâve respectively manufactured, put into the water and driven. 4 Ed. VII, c. 39, s. 1.

7 307. Ail persons manufacturing logs intended to be driven on any lake, river or stream, shall, on demand of any person who is himself engaged in manufacturing logs intended to be driven on the same lake, river or stream, furnish to such person, before the driving season begins, a statement of the logs manufactured and intended to be driven, verified by solemn déclaration, and in default of his so doing within a reasonable time, the person so in default shall not be entitled to claim, under article 7306, any unmarked logs, or logs from which the marks hâve been effaced. 4 Ed. VII, c. 39, s. 2.

§ 2.- — Grass growing on certain Beaches