Crowsnest Pass Mayor Blair Painter continues to deny the existence of the secret and illegal agreement in October 2021 that gave the Australian coal speculator a FREE option to commandeer the 1911 York Creek water licence at anytime before the end of 2028.
Mr. Painter told the November 14 Calgary Herald that the water deal was done in a public council session in 2017. False!
That 2017 deal expired in 2021 when the Alberta Energy Regulator (AER) explicitly denied the water licence transfer when it rejected Northback’s application to mine Grassy Mountain.
The documentary proof shows that Chief Administrative Officer Patrick Thomas secretly signed a new contract on October 14 2021 — four months after the mine scheme was rejected. This new deal resurrected the water rights option that expired when the AER and the federal government both rejected Northback's scheme.
Mr. Painter simply pretends that the signed 2021 agreement does not exist. Why? Because the agreement was NEVER AUTHORIZED by a legal council resolution.
The volume of water provided by the York Creek licence is absolutely essential to create a new Grassy Mountain proposal. As Mr. Painter knew, there would have been public outrage if voters were made aware that the underhanded deal was devised in a series of illegal closed meetings.
Mr. Painter also lied when he stated that the water licence deal was needed to return the York Creek license to good standing. This statement is blatantly false. The Alberta Water Licence Viewer clearly shows that good standing was confirmed in 2018 — well before the secret 2021 agreement — and that it does not expire. Ever!
The municipality argued in 2017 for a return of the York Creek licence to good standing by stating that the water in question would be used to irrigate the golf course and to make snow at Pass Powderkeg.
CAO Thomas in his August 23 2017 request to Alberta wrote:
"CNP would like to keep the York Creek water licence in good standing for future non‐potable water supply for the ski hill and golf course. CNP requests that AEP provide a positive decision on the good standing of the York Creek Licence, so we may continue with our long term planning."
Documentary proof of these facts are available at www.crowsnestheadwaters.ca/secretwaterdeal.
Mr. Painter needs a win in the November 25 referendum as political cover for the illegal 2021 deal with Northback.
Vote No to lying Mayor Blair Painter and his corrupt deals with Northback.
PROOF
Following is the text of the secret 2021 illegal gift of a seven-year option to the York Creek water licence
Amending Agreement to the Binding Water Licence Transfer Agreement between Benga Mining Limited (“Benga”) and Municipality of Crowsnest Pass (“Crowsnest”)
WHEREAS Benga and Crowsnest have previously entered into a Binding Water Licence Transfer Agreement effective September 13, 2017 (the “Water Licence Agreement”); AND WHEREAS the parties wish to amend certain sections of the Water Licence Agreement in order to extend the date by which Benga is required to have received the Project Approvals currently set forth in the Water Licence Agreement.
Now therefore this Amending Agreement witnesses and the parties agree as follows:
1. Section 3(d) “Transfer of Water Diversion Rights” of the Water Licence Agreement shall be deleted in its entirety and replaced with the following:
“In the event that Benga does not receive the Project Approvals by December 31, 2028, the Transfer Volume shall revert to Crowsnest.”
The remainder of Article 3 of the Water Licence Agreement shall remain unamended.
2. Section 5(a) “Benga’s Obligations” of the Water Licence Agreement shall be deleted in its entirety and replaced with the following:
“No later than ninety (90) days from the Approval Date, Benga shall provided the Transfer Payment to Crownsest. If by December 31, 2028, Benga does not receive the Project Approvals, the Transfer Payment will not become payable to Crowsnest under this Agreement.”
The remainder of Article 5 of the Water Licence Agreement shall remain unamended.
3. With the exception of the foregoing amendments, all other terms and conditions of the Water Licence Agreement shall remain unamended and in full force and effect.
4. Any capitalized word not defined herein shall have the meaning accorded to such word in the Water Licence Agreement.
5. This Amending Agreement may be executed in any number of original or facsimile counterparts, each of which will be deemed to be an original and all of which together will constitute one complete agreement.
BENGA MINING LIMITED
Name: Brad Baylis Name:
Title: CFO Title:
Name: John Wallington
Title: CEO
MUNICIPALITY OF CROWSNEST PASS
Patrick Thomas
Chief Administrative Officer
Effective this _14_ day of October, 2021.
The original PDF document obtained through a freedom of information request can be viewed at www.crowsnestheadwaters.ca/secretwaterdeal
Crowsnest Headwaters wishes to acknowledge the prompt and professional response by the Freedom of Information Officer of the Municipality of Crowsnest Pass.