The Framework Agreement provides for recognition of certain rights where Entitlement Bands acquire land which is adjacent to a "Waterbody".

Transfer of Wholly Enclosed Water Bodies

Where an Entitlement Band has acquired land that has a Waterbody entirely within its boundaries, Saskatchewan, as the owner of the beds and shores of Waterbodies, will transfer the beds and shores to Canada (without compensation) at the time the Entitlement Reserve is created. Where the Waterbody is not wholly enclosed, Saskatchewan will give favourable consideration to the sale of the beds and shores, but is not obligated to sell.

Adjacent Water Bodies

The Framework Agreement also clarifies that when an Entitlement Reserve is created adjacent to a Waterbody the boundary of the Entitlement Reserve is the "ordinary high water mark" for the Waterbody. As well, subject to compliance with federal law, the Entitlement Band may erect docks, wharfs and piers along the boundary where the Waterbody is adjacent to the Entitlement Reserve without payment of fees or the need to obtain a licence.

Riparian Rights on Entitlement Reserves

The question of confirming common law riparian rights was the subject of much negotiation among the parties. Riparian rights are legal rights concerning, among other things, the quality, quantity, rate of flow and use of water adjacent to land. Such rights had been statutorily removed by provincial legislation. Upon the creation of an Entitlement Reserve under the Framework Agreement, the Entitlement Bands will have full common law riparian rights with respect to the use and occupation of Entitlement Reserve land adjacent to a Waterbody. The one exception to this is the inapplicability of the principle of ad medium filium aquae, (to the centre of the water body) unless the Band has also acquired the beds and shores.

Although common law riparian rights are recognized, they may not be used to delay or prevent any "Water Project" provided that the affected Entitlement Bands have:

(1) been given at least six (6) months advance notice of any decision relating to the approval of any Water Project; and

(2) been afforded active and meaningful participation in any decision by a decision-making authority concerned with the approval or operation of any Water Project.

Notwithstanding the above, nothing in the Framework Agreement limits an Entitlement Band's right to receive monetary compensation for damages.

Water Projects may be the subject of joint review. During these reviews due consideration is to be given to the Entitlement Band's riparian rights and the use of any affected Waterbody by the Entitlement Band or its Members for hunting, fishing, trapping, gathering or other traditional uses.

Co-Management Agreements

Entitlement Bands have the option to enter into Co-Management Agreements with Saskatchewan concerning the management and use of all or any portion of a particular Waterbody which is adjacent to an Entitlement Reserve. In such an event, a Co-Management Board will be established to oversee the implementation of the Co-Management Agreement.

No Change To Treaty

Finally, should any of the provisions found in Article 6 of the Framework Agreement be found by a court to conflict with or detract from Treaty rights of any Entitlement Band such provisions shall, to the extent of such conflict or derogation, be of no further force or effect whatsoever.

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