Measures and works which are required for the protection, restoration or adjustment, in relation to the new water regime, of community infrastructure, shorelines and/or property of residents shall be undertaken at Hydro's expense. In all cases where it is practical to do so, such measures shall be carried out in conformity with the reasonable requirements of a specific physical development plan adopted by resolution of a Band Council.
If, by reason of urgency, interim measures or works have been or are implemented, these shall be subject to modification at Hydro's expense, to conform with the requirements of a physical development plan, when adopted, if the said plan identifies detrimental effects of the interim measure.
Canada and Manitoba shall offer to the Band the opportunity and any assistance or training necessary, to have all such measures or works carried out by community residents, to the extent that it is practical to do so.
Following effective prior consultation with the Band, such measures or works shall be designed and implemented, to the extent practical, to ensure the safety of the residents, to facilitate the continuance of traditional activities and to conform to the aesthetic values of the residents.
Without limitation, it is contemplated that measures may be required:
To protect shorelines adjacent to the community from erosion,
To restore shorelines adjacent to the community which slump or erode,
To construct new beaches or locations suitable for swimming,
To replace docks,
To clear shorelines,
To protect and/or relocate roads and houses and other structures,
To provide alternate recreational opportunities or facilities,
To provide alternate transportation facilities, such as roads or barges, where these are or may be adversely affected by the Project.
The reasonable cost of maintenance, depreciation, operation, repair and replacement of any remedial, mitigatory or other permanent works on a Reserve, undertaken or funded by Hydro and/or Manitoba by reason of the Project, shall be capitalized. A grant of such capital sum shall be paid by the said party or parties to the Band on the condition that it be invested in a chartered bank or credit union and that the income be applied for the said purposes, and that the Band shall account annually to the appropriate party regarding the amounts expended and the balance remaining in the capital account. It is acknowledged by the said parties that estimates of such costs are uncertain. The parties shall review annually the adequacy of the capital amount to ensure that the reasonable costs can be met. Any dispute relating to the adequacy of the capital amount may be referred to the Arbitrator for determination.
Northern Flood Agreement
Office of the Arbitrator904-363 Broadway Avenue
tel: (204) 956-5089
fax: (204) 956-5091