Water Act Fact Sheet

Water Allocation

To qualify as a household user under section 21, a person must own or occupy land that adjoins a river, stream, lake, natural watercourse or other natural water body, or own or occupy land under which groundwater exists. The water must be used for any of the following purposes: human consumption, sanitation, fire prevention and watering animals, gardens, lawns and trees. This right applies to a maximum of only 1250 cubic metres of water per year per household. The definition of household is defined in the regulations.

The public also raised concerns regarding the impact that household users within a subdivision could have on neighbouring water supplies. To address this concern the new Act requires a report to be prepared to determine whether or not the diversion of water for household purposes will interfere with any existing users. Generally, if the report states that there is not a sufficient water supply the right to use water for household purposes does not apply.

To qualify as a registrant under this registration process, a person must own land that adjoins a river, stream, lake, natural water course or other natural water body, or land under which groundwater exists. Either the owner or an occupant of the land must be using water on the date on which the new Act comes into force for the purposes of raising animals or applying pesticides to crops, as part of a farm unit. The quantity of water that this person is entitled to under the registration is the amount which is being used on the date of application, up to a maximum of 6250 cubic metres of water per year or the maximum amount specified in an applicable approved water management plan.

Generally, an application for a registration must be made by the owner of the land within 3 years of the new Act coming into force. It is the responsibility of the applicant to provide appropriate supporting documentation for their application, including documentation on the date of first use and the amount of water currently being used. If the Director decides to effect a registration it will be made without an expiry date and generally only one registration per person will be allowed. As the registration is appurtenant to the land specified in the registration it will pass with the land if the land is sold to a new owner.

The priority number of the registration will be based on information supplied by the applicant. However, if there is concern that the correct priority number has not been assigned, there is the ability to appeal the priority number to the Court of Queen's Bench within 5 years after the registration has been effected.

In some cases water may be being diverted on Crown land by a person who is leasing the land from the Government. In these situations the Government will have the responsibility for applying for the registration to allow the leasee to use the water.