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Muskrat Falls court challenge resumes with questions about water rights

Muskrat Falls, on the Churchill River in Labrador, is shown in a Feb., 2011 file photo. CP/Paul Daly

ST. JOHN’S, N.L. – A Newfoundland man’s single-handed challenge of the Muskrat Falls hydro project is focusing on water management rights.

Brad Cabana, a political blogger and small businessman, alleges that various constitutional violations should halt the $7.7-billion development underway in Labrador.

He is representing himself in provincial Supreme Court in St. John’s where he is questioning a senior project manager.

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Cabana asked Gilbert Bennett, Nalcor Energy vice-president in charge of Muskrat Falls, about a water management agreement.

Cabana says changes to the provincial Electrical Power Control Act, and a subsequent water management agreement, violate Hydro-Quebec’s water flow rights on the Churchill River.

In sometimes testy exchanges, Bennett told the court that the water management agreement does not interfere with pre-existing power contracts.

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Bennett says co-ordinating water flow between the Churchill Falls and Muskrat Falls plants would minimize energy waste and help avoid power shortfalls.

Cabana says he has spent more than $10,000 of his own money to challenge Muskrat Falls.

He says the project is rife with legal uncertainties that could be disastrous for the province once it’s built.

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