Dauphin, Treaty 2 Territory – Council for the City of Dauphin is in the process of signing a Memorandum of Understanding (MOU) between the Tootinaowaziibeeng Treaty Reserve First Nation (TTFN), the City of Dauphin and the federal government.
At the Nov. 18 regular meeting of council, city manager Sharla Griffiths explained the City of Dauphin’s aqueduct, or main pipeline of treated water, between the water treatment plant and the city is located in the east ditch in the south east corner of the intersection of Main Street South and Triangle Road.
Several years ago, she said, TTFN purchased approximately two acres of land kitty corner to Reit-Syd Equipment, with plans to convert it to Reserve land.
The City of Dauphin has a caveat registered on part of the property which is an easement on the westerly most eight feet of it, Griffiths said, to ensure access to the aqueduct for repair or replacement. It also does not allow any development on that property.
In 2017, she said, TTFN had asked the City to remove the caveat, as law does not allow any land to be converted to a Reserve if it has any encumbrances or instruments registered against it.
Considering the aqueduct is the only source of water for the City of Dauphin, Griffiths added, the request was not a risk the City was willing to take.
This past August, TTFN approached the City again, she said, with a different agreement where the existing caveat would be removed and a new agreement would be registered on the Reserve land, as part of the entire sequence of converting the land to Reserve.
If any of those steps did not proceed, Griffiths said, the City’s original caveat would remain with the property.
The City’s solicitor reviewed the agreement, she noted, and indicated it captures the City’s goal of protecting the aqueduct with the same rights it currently has.
The next step in this process is for the City of Dauphin to formally enter into this partnership through participating in the MOU.
Several years ago, she said, TTFN purchased approximately two acres of land kitty corner to Reit-Syd Equipment, with plans to convert it to Reserve land.
The City of Dauphin has a caveat registered on part of the property which is an easement on the westerly most eight feet of it, Griffiths said, to ensure access to the aqueduct for repair or replacement. It also does not allow any development on that property.
In 2017, she said, TTFN had asked the City to remove the caveat, as law does not allow any land to be converted to a Reserve if it has any encumbrances or instruments registered against it.
Considering the aqueduct is the only source of water for the City of Dauphin, Griffiths added, the request was not a risk the City was willing to take.
This past August, TTFN approached the City again, she said, with a different agreement where the existing caveat would be removed and a new agreement would be registered on the Reserve land, as part of the entire sequence of converting the land to Reserve.
If any of those steps did not proceed, Griffiths said, the City’s original caveat would remain with the property.
The City’s solicitor reviewed the agreement, she noted, and indicated it captures the City’s goal of protecting the aqueduct with the same rights it currently has.
The next step in this process is for the City of Dauphin to formally enter into this partnership through participating in the MOU.
By M. A. Nyquist, Reporter
Courtesy of the Dauphin Hearld
Last modified: December 15, 2019
