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Document Disclaimer:

Every effort has been made to ensure complete accuracy of the content of this briefing note but this document is only a summary and should not be considered legal or planning advice.  Please refer to the relevant legislation and regulations for further information.

References

Activities Designation Regulation, Alta. Reg. 211/1996

Agricultural Operation Practices Act, R.S.A. 2000, c. A-7

Alberta Environment and Water. (1999). Framework for Water Management Planning. Retrieved March 26^th, 2010, from http://environment.gov.ab.ca/info/posting.asp?assetid=6367&categoryid=5

Alberta Environment and Water. (2006a). Approved Water Management Plan for the South Saskatchewan River Basin (Alberta) Retrieved March 26^th, 2010, from: http://environment.alberta.ca/documents/SSRB_Plan_Phase2.pdf

Alberta Environment and Water. (2006b). Standards and Guidelines for Municipal Water Works, Wastewater and Storm Drainage Systems. Retrieved March 26^th, 2010, from:           http://environment.gov.ab.ca/info/library/6979.pdf

Alberta Land Stewardship Act, S.A. 2009, c. A-26.8

Alberta Natural Resources Act, S.C. 1930, c. 3

Alberta Water Council. (2009). What we've learned: About water conservation, efficiency and productivity sector planning. Retrieved March 7, 2010, from http://www.albertawatercouncil.ca/Portals/0/pdfs/CEP_What_Weve_Learned_v2.pdf

Approvals and Registrations Procedure Regulation, Alta. Reg. 113/1993

International Boundary Waters Treaty Act, R.S.C. 1985, c. I-17

Bow Basin Watershed Management Plan Steering Committee. (2008). The Bow River       Basin Watershed Management Plan. Retrieved March 26^th, 2010, from: http://www.water-matters.org/story/113

de Loë R.C., Varghese, J., Ferreyra, C., & Kreutzwiser, R.D. (2007).  Water allocation and water security in Canada:  Initiating a policy dialogue for the 21^st century. Guelph, Ontario: Water Policy and Governance Group, University of Guelph.

Department of Justice Canada. (2010a). Information on the Fisheries Act. Retrieved March 7, 2010, from http://laws.justice.gc.ca/en/F-14/index.html

Department of Justice Canada. (2010b). Information on the Migratory Birds Convention    Act. Retrieved March 7, 2010, from http://laws.justice.gc.ca/en/M-7.01/

Energy Resources Conservation Act, R.S.A. 2000, c. E-10

Energy Resources Conservation Board. (2009). Requirements for Water Measurement, Reporting, and Use for Thermal In Situ Oil Sands Schemes. Retrieved March 26, 2010 from http://environment.alberta.ca/3255.html

Environmental Appeal Board Regulation, Alta. Reg. 114/1993

Environment Canada. (1969). Master Agreement on Apportionment. Retrieved March 26, 2010 from http://www.mb.ec.gc.ca/water/fb01/fb00s05.en.html

Environment Canada. (1987). Federal Water Policy.  Retrieved March 26, 2010, from http://www.ec.gc.ca/eau-water/default.asp?lang=En&n=D11549FA-1

Environmental Protection and Enhancement Act, R.S.A. 2000, c. E-12

Fisheries Act, R.S.C. 1985, c. F-14

Government of Alberta, Environment. (n.d.a). Lakes sampled for water quality in Alberta 2009-10. Retrieved March 7, 2010, from http://environment.gov.ab.ca/info/library/8047.pdf

Government of Alberta, Environment. (n.d.b). Long-term river network sites for water quality monitoring in Alberta 2009-2010. Retrieved March 7, 2010, from http://environment.gov.ab.ca/info/library/7713.pdf

Government of Alberta. (n.d.c). Water Act: Licenses: Facts at your fingertips. Retrieved March 7, 2010, fromhttp://environment.alberta.ca/documents/WaterAct_Licences_FS.pdf

Government of Alberta, Environment. (1995). Water quality-based effluent limits procedures manual. Retrieved March 7, 2010, from   http://environment.gov.ab.ca/info/library/7255.pdf

Government of Alberta, Environment. (2000). Authorization/approval viewer. Retrieved   March 7, 2010, from http://envext02.env.gov.ab.ca/pls/xedp_apv/avwp_avwh1000_02.startup?Z_CHK=0

Government of Alberta. (2003, November). Water for life: Alberta's strategy for     sustainability. Retrieved March 7, 2010, from      http://environment.gov.ab.ca/info/library/6190.pdf

Government of Alberta, Environment. (2005). Inventory of sampling locations and water   quality [data file]. Retrieved March 7, 2010, from          http://envext02.env.gov.ab.ca/crystal/aenv/viewreport.csp?RName=Inventory%20of%20Sampling%20Locations%20and%20Water%20Quality%20Data

Government of Alberta, Environment. (2009). Legislation. Retrieved March 7, 2010, from http://www3.gov.ab.ca/env/waste/muniwwater/legislation.html

Government of Alberta. (2005, September). Water in Alberta: A renewal. Retrieved           March 7, 2010, from             http://www3.gov.ab.ca/env/water/gwsw/quantity/waterinalberta/index.html

Government of Alberta (2008) Alberta's 2008 Climate Change Strategy: responsibility/leadership/action. Retrieved March 30, 2010, from http://environment.alberta.ca/3295.html

Government of Alberta. (2008, November). Water for life strategy. Retrieved March 7, 2010, from http://environment.gov.ab.ca/info/library/8035.pdf

Government of Alberta. (2009a, May). Alberta Environment's drinking water program: A 'source to tap, multi-barrier' approach. Retrieved March 7, 2010, from http://environment.gov.ab.ca/info/library/8156.pdf

Government of Alberta. (2009b, December). South Saskatchewan Region - groundwater: Facts at your fingertips. Retrieved March 7, 2010, from http://www.landuse.alberta.ca/RegionalPlans/SouthSaskatchewan/documents/SSRP-Groundwater-FactsatYourFingertips-Dec2009.pdf

Government of Alberta (2009c) Water for Life Action Plan. Retrieved March 23, 2010 from: http://www.waterforlife.alberta.ca/

Government of Alberta, Environment (2010) Alberta Environment's approval process. Retrieved March 26, 2010, from: http://environment.alberta.ca/644.html

Government of Alberta, Environment. (2010a). Alberta river water quality index.  Retrieved March 7, 2010, fromhttp://www.environment.alberta.ca/1777.html

Government of Alberta, Environment. (2010b). Drinking water.Retrieved March 7, 2010, fromhttp://environment.alberta.ca/1477.html

Government of Alberta, Environment. (2010c). Groundwater observation well network. Retrieved March 7, 2010, from   http://www.environment.alberta.ca/apps/GOWN/Default.aspx

Government of Alberta, Environment. (2010d). Surface water quality program. Retrieved March 7, 2010, from
http://environment.alberta.ca/01256.html

Government of Alberta, Environment. (2010e). Legislation and guidelines. Retrieved March 7, 2010, fromhttp://environment.alberta.ca/3.html

Government of Canada. (1997). Mackenzie River Basin Transboundary Waters Master Agreement.  Retrieved March, 26, 2010 from http://www.ngps.nt.ca/Upload/Interveners/Government%20of%20the%20Northwest%20Territories/j-gnwt-00027/documents/08_Mackenzie_Master_Agreement.pdf

Health Canada (2008). Guidelines for Canadian drinking water quality.  Retrieved March 26, 2010, from, http://www.hc-sc.gc.ca/ewh-semt/water-eau/drink-potab/multi-barrier/index-eng.php

Irrigation Districts Act, R.S.A. 2000, c. I-11

Migratory Birds Convention Act, 1994, S.C. 1994, c. 22

Municipal Government Act, R.S.A. 2000, c. M-26

Navigable Waters Protection Act, R.S.C. 1985, c. N-22

North-west Irrigation Act (1898) under Alberta Natural Resources Act, S.C. 1930, c. 3

Nuisance and General Sanitation Regulation, Alta. Reg. 243/2003, (Public Health Act),

Potable Water Regulation, Alta. Reg. 277/2003, (Environmental Protection and Enhancement Act)

Public Health Act, R.S.A. 2000, c. P-37

Public Lands Act, R.S.A. 2000, c. P-40

Public Utilities Act, R.S.A. 2000, c. P-45

Release Reporting Regulation, Alta. Reg. 117/1993

Safety Codes Act, R.S.A. 2000, c. S-1

Substance Release Regulation, Alta. Reg. 124/1993

Standards and Administration Regulation, Alta. Reg. 267/2001, (Agricultural Operation Practices Act)

Transport Canada. (2009). Acts and regulations. Retrieved March 7, 2010, from http://www.tc.gc.ca/eng/acts-regulations/acts-1985cn-22.htm

Wastewater and Storm Drainage (Ministerial) Regulation, Alta. Reg. 120/1993

Wastewater and Storm Drainage Regulation, Alta. Reg. 119/1993

Water Act, R.S.A. 2000, c. W-3, Consolidated Statutes of Alberta - Alberta

The Government of Alberta released its Climate Change Strategy (2008).  It mentions water in few instances: One action will "develop a provincial Climate Change adaptation strategy to provide overall direction, identify measures and indicators of climate change, provide a source of information about the impacts, and identify risks and vulnerabilities. It will focus on water, biodiversity, energy, municipal infrastructure, agriculture and forestry... [Also,] within the provincial government, this work must be integrated with land use planning policies, a comprehensive energy strategy, a clean air strategy, technology development and commercialization, provincial water plans, economic development and rural development strategies for the province." (21)

Water for Life: A Renewal (Government of Alberta, 2005) also mentions climate change, unlike the original Water for Life (Government of Alberta, 2003) strategy.

There are two ways in which ecosystem needs are addressed in the relevant legislation.  One way is through the Water Act (2000) and its provisions for aquatic ecosystem protection; the second is through the use of conservation holdbacks when water rights are transferred.

As a matter of practice government has balanced economic factors with instream flow requirements to determine water conservation objectives (WCO).  For example, in the South Saskatchewan River Basin WCO is set at 45% of natural flow or 15% above what are called instream objectives, whichever is greater. Since instream flow needs typically align with natural flow, 45% of natural flow will not likely meet instream needs.

WCOs are applied according to the first in time, first in right  (FITFIR) priority system and, therefore, WCOs applied in 2005 have a priority of 2005 and cannot affect the licences allocated prior to 2005. To apply the WCO, conditions must be set out in licences and this is done on a prospective basis and does not capture older licenses with greater priority (e.g., older than 2005). Some older licenses have retrofit conditions, which would enable government to stipulate a WCO condition, but to date government has been hesitant to impose such conditions on older licenses (Government of Alberta, 2003).

Conservation Holdbacks (holdbacks) allow the Director to holdback up to 10% of water in a water right transferred to another water user (Government of Alberta, 2003). Holdbacks can only be applied once an approved water management plan is established and approves water rights transfers and conservation holdbacks.  These holdbacks can be documented as WCO licenses with the same priority as the licence out of which it was withheld. They are used if the Director is of the opinion that withholding water is in the public interest to protect the aquatic environment or to implement a water conservation objective (Government of Alberta, 2003).

The Environmental Protection and Enhancement Act (2000) regulates municipal drinking water systems, operator certification, source water protection and compliance.  Regional Health Authorities and Alberta Health and Wellness monitor drinking water. Drinking water in First Nations communities is generally under federal jurisdiction (Government of Alberta, Environment, 2009).

Drinking water falls under the jurisdiction of a number of regulations, which are enabled by three distinct Acts: the Agricultural Operation Practices Act (2000), the Environmental Protection and Enhancement Act (2000), and the Public Health Act (2000).

The regulations under Environmental Protection and Enhancement Act (EPEA) relevant to drinking water are:

• Activities Designation Regulation (1996)-waterworks systems regulated by Alberta Environment
• Potable Water Regulation (2002)-minimum design standards for approved surface and groundwater treatment and distribution systems
• Approvals and Registration Procedure Regulation (1993)-steps to be followed to acquire an approval or registration for a waterworks facility
• Environmental Appeal Board Regulation (1993)-process in submitting an appeal

The regulations under the Public Health Act (2000) relevant to drinking water:

• Nuisance and General Sanitation Regulation (2003)-requirements associated with domestic water and sewage systems that are outside the scope of EPEA.

The regulations under the Agricultural Operation Practices Act (2000) relevant to drinking water:

• Standards and Administration Regulation (2000)-standards for confined feeding operations for the containment of the number of animals, manure storage facilities, seasonal feeding and bedding sites. (Note:  These types of operations are critical issues for drinking water in some parts of Alberta).

Once treated water moves out of the waterworks distribution system past the service connection for a residence, Municipal Affairs governs under the Safety Codes Act (2000), including the Plumbing Code Regulation.

Drinking water providers must provide annual reports to Alberta Environment; Alberta Environment is working toward monthly reporting. 

First Nations communities are located on Federal Reserve land, which falls within Federal jurisdiction. Provincial drinking water legislation does not apply to these communities.

The Alberta Water Council (a provincial multi-stakeholder advisory group) has developed a framework for sectoral water conservation, efficiency, and productivity planning. The urban municipality sector, and the irrigation sector have developed draft plans for their sectors. Other sectors have also begun drafting such plans (Alberta Water Council, 2009).  It is unclear how these plans will affect individual companies and what will be required of those who do create individual plans without implementation. At this point, these plans have no legal authority.

Specific to the oil and gas sector, the Oilfield Injection Policy, and the Energy Resources Conservation Board's Draft Directive, Requirements for Water Measurement, Reporting, and Use for Thermal In Situ Oil Sands Schemes (2009), provide direction to conserve water use.

Provincial or territorial policies and strategies do not apply or include First Nations reserves or communities.

Learn more about Alberta's conservation initiatives and requirements through the Alliance for Water Efficiency. 

Watershed management plans can set water quality objectives based on a variety of water uses; ecosystem needs can, but does not necessarily have to, be one of these uses.  Setting these objectives can be for the purposes of reducing water quality impacts on ecosystem quality.  The Bow River Basin Watershed Management Plan (2008), for example, sets out voluntary water quality objectives for water users in the basin.  Watershed management plans may also consider other aspects of watershed management.

The 1909 Boundary Waters Treaty applies to boundary waters between Canada and the United States and it also apportions the transboundary waters, the St Mary and Milk Rivers, between the U.S. and Canada. The Master Agreement on Apportionment (1969) between Alberta, Saskatchewan, Manitoba, and Canada, sets out a formula for sharing eastward flowing rivers and streams in the South Saskatchewan River Basin across provincial boundaries. It requires each upstream province to pass 50 percent of natural flow to the downstream province. In 1997, governments of Canada, Alberta, British Columbia, the Northwest Territories (NWT), Saskatchewan, and the Yukon committed to the Mackenzie River Basin Transboundary Waters Master Agreement. For the Mackenzie River Basin agreement, the Yukon and NWT completed a bilateral agreement in 2000; other Mackenzie River Basin parties are working toward negotiating other bilateral agreements.

There are no agreements between any levels of government acknowledging First Nations water rights, except those delineated under land claim or self-government agreements, such as the Nisga'a Agreement.

Alberta Environment and Water partners with other government departments and governments, industry, and other stakeholders to monitor and collect surface water quality data around the province.

Long-Term River Network monitors major rivers throughout the province for a wide range of water quality parameters to build an extensive database of water quality information that allows statistical trend assessment. The annual report on River Water Quality Index (Government of Alberta, Environment, 2010a) provides an annual snapshot of water quality in Alberta's major rivers.

Alberta Environment and Water offers an online inventory of water sampling locations and water quality data (Government of Alberta, Environment, 2005). Monitoring networks for streams and wetlands are not as well developed as those for rivers and lakes (Government of Alberta, 2010).

Maps:

This Government of Alberta, Alberta Environment (n.d.b) map shows the surface water monitoring stations for river water quality monitoring: http://environment.gov.ab.ca/info/library/7713.pdf

This Government of Alberta, Ministry of Environment (n.d.a) map shows where lakes were monitored in Alberta in 2008-9: http://environment.gov.ab.ca/info/library/8047.pdf

Alberta Environment and Water has the Groundwater Observation Well Network (Government of Alberta, Environment, 2010b) that monitors groundwater levels and select quality indicators in strategic locations across Alberta.  In 1957, three wells were installed; by 1982 there were 145 wells, 55 of which were spread around the province and 90 wells specifically monitored conditions in the oil sands area. About 200 wells are in place today ((de Loë, Varghese, Ferreyra, & Kreutzwiser, 2007).

There are no provincial or territorial programs to monitor drinking water or water resources in First Nations communities.