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ARTICLE 5

Navigation

5.1

Residents of the Reserves have a right to free and normal navigation of the waterways.

5.2

In order to give effect to the continued right to free and normal navigation by all persons, Manitoba agrees to remove obstructions to navigation created by the construction of the Footprint River and the Minago River causeways as soon as practical and in any event not later than two months after the date of ratification of this Agreement.

5.3

Manitoba and/or Hydro undertake to maximize the free and normal use of the navigable waters (as defined by the Navigable Waters Protection Act R.S.C. 1970 Chapter N-l9) by all persons affected by the Project and in particular:

5.3.1

To ensure proper clearing of land in the Nelson House area and in the area between Footprint Lake and Threepoint Lake in order that flooding will not interfere with existing navigation by the local population;

5.3.2

To ensure that, in the event that standing trees become a navigation problem now or in the future, clearing action is performed;

5.3.3

To remove debris of any nature which results from the actual construction or from the flooding of land or by diversion of waters in the total area encompassed by the overall Project.

5.4

In the event that any claim is submitted to the Arbitrator with respect to any adverse effect of the Project on navigation, the Arbitrator may, irrespective of any order he may make in respect of such claim, recommend to the Minister of Transport, Canada ("the Minister" in this Article) such measures as the Arbitrator deems may be appropriately required of Manitoba and/or Hydro by the Minister, for the purpose of ensuring free and normal navigation of the navigable waters.

5.5

Hydro shall comply with the conditions set out in all Approval Documents issued to Hydro by the Minister in relation to the Project as these pertain to actual or potential adverse effects on the communities or the residents thereof.

5.6

In order to give effect to the continued right to free and normal navigation by all persons, Hydro agrees to construct and maintain a portage facility at Notigi Dam which will enable users of the waterways to freely and safely proceed along the waterway now obstructed by the Notigi Dam.

Table of Contents

see Article 6

Northern Flood Agreement

Office of the Arbitrator

904-363 Broadway Avenue
Winnipeg, Manitoba
R3C 3N9

tel: (204) 956-5089
toll-free: 1-800-407-0859
fax: (204) 956-5091
e-mail: nfaarb@mts.net