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Water Act Fact Sheets
Background
The Province's review of its water management policy and legislation
began in 1991 with the view of updating old legislation so as to ensure
that Alberta's water is managed and conserved for today and for the
future. The Water Resources Act was over 60 years old and was
primarily a tool for allocating water. Existing water management
realities and future challenges have resulted in a change in emphasis
of how we manage and conserve water, and both policy and legislation
must reflect this changed emphasis.
Albertans have significantly influenced the development of the new
Water Act through their input during extensive consultation
processes. The new Act focuses on managing and protecting Alberta's
water and on streamlining administrative processes.
Key Highlights
Highlights of the new Act include:
- Protects existing licences that are in good standing, by
bringing them forward into and making them subject to the
new Act.
- Protects existing traditional agricultural uses of water
through a streamlined, voluntary registration process that
"grandfathers" the relative priority of the right
according to the date when the water was first used.
- Recognizes the importance of household uses of water by
providing these uses with a statutory right that has priority
over all other uses.
- Ensures the sustainability of Alberta's water by requiring a
provincial water management planning framework to be completed
within a three-year period. Allows for water management plans
to be developed to address local and regional issues.
- Recognizes the importance of protecting Alberta's rivers,
streams, lakes and wetlands, by requiring that a strategy
for protecting the aquatic environment be developed as part
of the provincial water management planning framework.
- Provides a streamlined, one-window licensing and approval
process for water-related activities and diversions.
- Allows for flexible water management in areas where the
available water is already allocated, by providing the ability
to transfer water licences.
- Prohibits the export of Alberta's water to the United States.
- Prohibits any inter-basin transfers of water between Alberta's
major river basins.
- Encourages cooperation and proactive
measures to resolve water management problems and provides a
wide range of enforcement measures where necessary.
- Gives Albertans the opportunity to provide advice on and
understand water management.
Some Frequently Asked Questions
Water Management Planning
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How does the new Act recognize differences in water management
concerns throughout the Province?
The new Act allows for regional differences in water management to
be reflected through the development of water management plans. Public
consultation will be a key component during the development of these
plans and will include opportunities for local and regional involvement.
Plans may address specific regional water management issues such as
whether a transfer of an allocation under a licence may take place or
matters related to the issuance of approvals or licences.
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Aquatic Environment Protection Strategy
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How does the new Act ensure that Alberta's lakes, rivers and streams
are protected for future generations?
The new Act requires the Government to establish a strategy for
protecting the aquatic environment as part of the framework for water
management planning in Alberta. The public will be consulted during the
development of the strategy.
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No Export of Water
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Does the new Act ensure that Alberta's water will not be sold to the
United States?
The new Act ensures that licences will not be issued for the purpose of
exporting bulk water to the United States. The new Act also provides
that if in the future there is a proposal to change this "no
export" policy, a public review must take place.
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Registration for Traditional Agricultural Water Use
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Who will be able to obtain a registration?
The registration system under the new Act allows current users of water,
where the water is being used for watering animals or applying pesticides
to crops, to protect their use. The priority of the registration will be
"grandfathered" to the date of first use based on information
supplied by the registrant. Generally the volume of water protected will
be up to a maximum of 6250 m3 (5 acre-feet) per year.
The registration process is streamlined and efficient.
See: Protecting Agriculture Water Supplies
THIS PROGRAM EXPIRED DECEMBER 31, 2001
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Licences
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Will new licences be issued for a term?
Licences issued under the Water Resources Act were generally
issued without an expiry date. Under the new Act, all new licences will
be issued with an expiry date. The length of the term of a licence depends
on criteria that are specified in the regulations.
When a licence expires, the licence holder will be required to apply for
a renewal. The Government is committed to ensuring reasonable security for
licence holders and to accomplish this, the onus will be on the Government
to establish reasons as to why a licence should not be renewed.
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Transfers of an Allocation under a Licence
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Why is a transfer system needed?
In areas of Alberta where the available water is fully allocated or is
nearing full allocation, the transfer system will allow the accommodation
of new or alternative users in an area. A transfer may only occur where
an approved water management plan or an Order of Cabinet provides for
transfers to take place. As well, a transfer will be subject to a review
process similar to that for new licence applications.
See: Transfer of Water Allocation
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Regulations
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The Water Act has two Regulations which are Water (Ministerial) Regulation
and Water (Offences and Penalties) Regulation. Copies of these regulations
can be obtained by contacting the Queens Printer at (403) 427-4952 or
Fax 452-0668 or go to the internet address:
http://www.qp.gov.ab.ca.
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For general enquiries about
Alberta Environment
Water Legislation contact:
Ernie.Hui@gov.ab.ca
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