1 WATER ACT 101 College of Alberta Professional Foresters’ Edmonton April 16, 2015

2 Evolution of the Legislation Northwest Irrigation (Federal) Act (1894) Water Resources (Provincial) Act (1931) Groundwater Control Act (1953) Water Act (1999)

3 Key Changes in the Water Act from the Water Resources Act Licences are no longer permanent Transfer of water is permitted Recognizes household water use as a statutory right Traditional agricultural users were able to register their water use for sources not requiring a licence. Establishment of Water Management Plans to address regional water issues Appeals to the Environmental Appeals Board Provides a wide range of enforcement tools as well as water management tools.

4 Purpose of the Water Act (s. 2) Governs how the Province manages water To promote the conservation and management of water, including the wise allocation and use of water. Promote economic growth and prosperity Protection of existing rights

5 Principles of the Water Act The ownership of all water is vested in the Crown Provides for flexibility in times of water shortage Ability to appeal some decisions to the Environmental Appeals Board The ability for public consultation Water Management Plans Does not support speculation in the resource

6 Other Legislation EPEA (Environmental Protection and Enhancement Act) Public Lands Act (Sustainable Resource Development) Municipal Government Act Agricultural Operations Practices Act (Natural Resources Conservation Board) Freedom of Information and the Protection of Privacy Act Fisheries Act (Federal) Migratory Birds Convention Act (Federal) Navigable Waters Protection Act. (Federal) Canadian Environmental Protection Act (Federal)

7 Licences – (s. 46 – 61) Grants an allocation of water and allows for its diversion and use The licensing system operates under a “first in time, first in right” principle of allocation Preliminary Certificates can be issued first Licences are issued for a term (s. 12 of the Regulation) Issued with an expiry date, therefore the licensee must apply to renew a Licence to continue diverting

8 Preliminary Certificates – (s 66 – 72) Essentially a “promise” for water; if certain pre-conditions are met, a licence will be issued. Done to ensure the project is built before the proponent is given the water right and that the proponent would only get water for what they build. Does not give the ability to divert water. Provides for good stream management to know what is actually built and diverting, to provide for sound water records.

9 Diversion Types Statutory Rights Traditional Agriculture User Licence Exemption Code of Practice Diversion and Use of Water for Hydrostatic Testing of Pipelines

10 Temporary Diversion Licences - TDL (s ) Short term diversion of water (issued for a maximum time period of one year) No priority or notice required Issue dependent on water availability and may be suspended without notice Typical uses: –Water to supplement livestock watering during a drought situation –Water for drilling fluid –Dust control –Bridge washing –Construction activities

11 Principles of First in Time, First in Right Each licence (or registration) is given a priority number that corresponds with the date that a complete application was received/administratively complete. A licence which has an earlier priority date is considered to be a more senior licence than another licence which has a later priority date (junior licence). All licences other than household use are ranked according to seniority, not according to purpose for use. A priority call is usually made when a senior priority licence holder is not receiving his entitled allocation.

12 Approval Activities Activities that require an Approval –Construction of a dugout within a watercourse, lake or wetland –Realignment of a watercourse –Drainage –Road through a wetland –Erosion protection (riprap, gabions) –Water intake –Dams A water diversion cannot be conducted under an Approval

13 Codes of Practice 1.Diversion and Use of Water for Hydrostatic Testing of Pipelines 2.Pipeline and Telecommunication Lines Crossing a Water Body 3.Watercourse Crossings 4.Outfall Structures

14 Orders Oldman River Basin Allocation Order Bow, Oldman and South Saskatchewan River Basin Allocation Order

15 Water Assignments and Transfers Assignments (s. 33)Transfers (s ) Definition: Temporary assignment of a water allocation with another licensee or registrant in good standing Definition: Temporary or permanent transfer of water allocation rights to another licensee Requires only a written agreement between holders of licensees or Traditional Agricultural Registrant Requires Designated Director Approval – ability to transfer must be in an approved Water Management Plan or Order in Council No notice or authorization from the Department is required Licence is issued for the transferred allocation; the original licence is either amended or cancelled Designated Director may direct that water cannot be diverted under the agreement Designated Director retains the right to withhold up to 10% of the allocation being transferred

16 Environmental Assessment Process (s ) Environmental Impact Assessment –Must be completed pursuant to EPEA, before a Water Act authorization can be issued

17 Designation of Officials Designated under Section 163 Directors are designated by the Minister for the purpose of making decisions under the Act The role of a Designated Director is not tied to the position of a Regional Director A Designated Director may also designate other staff for specific decisions and authorities (inspectors, investigators and approval decisions)

18 The Designated Director will review all relevant information provided by the applicant and staff Considers: legislation, policies, procedures and guidelines water management plans existing, potential or cumulative effect impact to the aquatic environment impact to others How are Decisions Made?

19 Environmental Appeals Board (s ) Independent board that provides an opportunity to appeal decisions made by Alberta Environment under the Water Act Approvals, licences, preliminary certificates, amendments, administrative penalties and enforcement orders are decisions that may be appealed. Appeals to the Board can be filed by applicant and SOC filers –Cannot be any member of the public, they must be directly affected

20 Compliance Assurance Program Environmental laws deal with almost every activity that can impact the environment Responsible for ensuring compliance with Environmental Protection and Enhancement Act and Water Act Legislation sets out clear rules for the protection, enhancement and wise use of our environment

21 Compliance Responsibilities Complaint / Incident Response Inspections Investigations Stakeholder Education Initiate Enforcement Actions

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23 Water Course Crossings

24 Codes of Practice (CoP)

25 GUIDELINES FOR LICENSING

26 GROUNDWATER AUTHORIZATION

27 WETLANDS

28 Current Policy Beyond Prairie Potholes A Draft Policy for Managing Alberta’s Peatlands and

29 Compensation Guidelines

30 Coming Policy

31 QUESTIONS

32 Activities List

33 AGGREGATE MINING CHECKLIST – WATER ACT

34 End Pit Lake Plans SUBJECTYNCOMMENTS title block and legend (including scale) signed and stamped plans should go beyond property boundaries to show  topographic features (slopes, water courses, etc)  adjacent interests (roads, other pits, etc) location of cross sectional lines location of created water bodies bank location of any created water bodies dimensions of the water body (surface area and capacity) reclaimed slope angles direction of drainage groundwater discharge and recharge areas buffers and setbacks landscape plan pit water discharge location water diversion infrastructure inlet/outlet structure location inlet/outlet channel location

35 End Pit Lake Cross Sections SUBJECTYNCOMMENTS title block and legend signed and stamped should go beyond property boundaries to show o topographic features (slopes, water courses, etc) o adjacent interests (roads, other pits, etc) slope one metre above and one metre below the normal water line level of lake bottom (elevation) stratigraphy (sand, gravel, etc)(bedrock contact if applicable) water table levels (full supply level) existing groundwater table elevation water levels of other water bodies (lakes, rivers, dugouts, etc) that could be effected liner if one is used

36 End Pit Lake Reports SUBJECTYNCOMMENTS purpose of the feature (trout pond, recreation, etc) evaporative losses (to include data and methodology) median runoff yield of the water features catchment area is the water surface water, groundwater, surface runoff or a combination hydraulic connection to natural water bodies is the feature a net groundwater recharge or discharge point time to complete siltation and erosion control (measures)  pit to pit  off site effects on other users and the environment inlet/outlet channel design inlet/outlet structure design signed and stamped benefit to wildlife (vegetation) Other Information WA Approval can’t be issued unless Municipal Development Permit and EPEA registration are issued

37 PLAN VIEW

38 Cross-Section 1

39 Cross–Section 2