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WATER ACT 101

WATER ACT 101. College of Alberta Professional Foresters’ Edmonton April 16, 2015. Evolution of the Legislation. Northwest Irrigation (Federal) Act (1894) Water Resources (Provincial) Act (1931) Groundwater Control Act (1953) Water Act (1999).

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WATER ACT 101

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  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 • Licencesarenolongerpermanent • Transferofwaterispermitted • Recognizeshouseholdwateruseasastatutoryright • Traditionalagriculturaluserswereabletoregistertheirwateruseforsourcesnotrequiringalicence. • EstablishmentofWaterManagementPlanstoaddressregionalwaterissues • AppealstotheEnvironmentalAppealsBoard • Providesawiderangeofenforcementtoolsaswellaswatermanagementtools.

  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. 62 - 65) • 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 • Eachlicence(orregistration)isgivenaprioritynumberthatcorrespondswiththedatethatacompleteapplicationwasreceived/administratively complete. • Alicencewhichhasanearlierprioritydateisconsideredtobeamoreseniorlicencethananotherlicencewhichhasalaterprioritydate(juniorlicence). • Alllicencesotherthanhouseholdusearerankedaccordingtoseniority,notaccordingtopurposeforuse. • Aprioritycallisusuallymadewhenaseniorprioritylicenceholderisnotreceivinghisentitledallocation.

  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 • Diversion and Use of Water for Hydrostatic Testing of Pipelines • Pipeline and Telecommunication Lines Crossing a Water Body • Watercourse Crossings • Outfall Structures

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

  15. Water Assignments and Transfers

  16. Environmental Assessment Process (s. 16 - 17) • 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 isnot tied to the position of a Regional Director • A Designated Director may also designate other stafffor specific decisions and authorities (inspectors, investigatorsand approval decisions)

  18. How are Decisions Made? • 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

  19. Environmental Appeals Board (s. 114 - 117) • 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

  22. Water Course Crossings

  23. Codes of Practice (CoP)

  24. GUIDELINES FOR LICENSING

  25. GROUNDWATER AUTHORIZATION

  26. WETLANDS

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

  28. Compensation Guidelines

  29. Coming Policy

  30. QUESTIONS

  31. Activities List

  32. AGGREGATE MINING CHECKLIST – WATER ACT

  33. End Pit LakePlans

  34. End Pit LakeCross Sections

  35. End Pit LakeReports

  36. PLAN VIEW

  37. Cross-Section 1

  38. Cross–Section 2

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