PROVINCIAL WATER POLICY COMPARISON TOOL

The Water Act (2000) supports and promotes the conservation and management of water, including the wise allocation and use of water.

The Environmental Protection and Enhancement Act (2000) supports and promotes the protection, enhancement, and wise use of the environment.  The Act's individual regulations cover a wide range of activities, from beverage container recycling and pesticide sales, potable water, to wastewater and storm drainage. Other legislation that covers a variety of aspects of water management in Alberta includes: Responsible Energy Development Act (2012)

Alberta Land Stewardship Act (2009), Energy Resources Conservation Act (2000), Irrigation Districts Act (2000), Municipal Government Act (2000), Public Health Act (2000), Public Lands Act (2000), and Public Utilities Board Act (2000). Federal legislation such as the Fisheries Act (1985, amended in 2012), the Navigation Protection Act (2012, formerly the Navigable Waters Protection Act 1985), The Canadian Environmental Assessment Act (amended in 2012) and the Migratory Birds Convention Act (2000) also have relevance for water management in Alberta.

In 2012, the ministries of Alberta Environment and Water (AEW) and Alberta Sustainable Resource Development (SRD) were amalgamated into the ministry of Alberta Environment and Sustainable Resource Development. The new ministry is primarily responsible for administering the Water Act (2000) and the Environmental Protection and Enhancement Act (2000), though the Alberta Energy Regulator has assumed some of this role.  AESRD is the primary department leading Water for Life (2003) implementation and overseeing regulation of municipal drinking water, wastewater, and storm drainage systems.  It is additionally responsible for forestry and Crown land, and leading land-use planning under the Land-use Framework.

  Alberta Energy is responsible for stewarding Alberta's energy resources and administering energy leases.  . The Alberta Energy Regulator is an agency accountable to the Minister of Energy. It has responsibility to make approvals under the Water Act and public lands laws that relate to energy development. It decides on energy applications, monitors for compliance and oversees decommissioning. Agriculture and Rural Development works with the agricultural sector including irrigators. Alberta Infrastructure administers grants to municipalities for water and wastewater infrastructure. Municipal Affairs approves private sewage disposal systems.

Protecting Alberta's Environment Act, was passed in 2013.  The Act establishes the Alberta Environmental Monitoring, Evaluation and Reporting Agency whose primary purposes, as stated by the act, are to:

·      obtain credible and relevant scientific data and other information regarding the condition of the environment in Alberta, ·      to ensure the data and other information are available and reported to the public in an open and transparent manner. The Act requires the agency to communicate information to the public.  No regular schedule of such reporting was determined by the Act.   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 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/li
brary/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/li
brary/8047.pdf Alberta Environment 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).  The Lower Athabasca Regional Plan makes a commitment to developing a comprehensive Regional Groundwater Monitoring Network which would include expanded monitoring. There are no provincial or territorial programs to monitor drinking water or water resources in First Nations communities. 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/li
brary/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/li
brary/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.

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. 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.

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 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 Environmental Protection and Enhancement Act (2000), Water Act (2000), Water for Life: Alberta's Strategy for Sustainability (Government of Alberta, 2003), Drinking Water Program (Government of Alberta, 2009), and Framework for Water Management Planning (1999) all contribute to protection of drinking water sources. However, Alberta has no specific source water protection legislation.

Alberta fully adopts the Guidelines for Canadian Drinking Water Quality (2009). Operator certification is required. The treatment required from the province includes disinfection for both groundwater and surface water, and filtration for surface and shallow groundwater supplies. Municipalities must submit monthly and annual reports to Alberta Environment.  Water for Life (2003) outlines adoption of a multi-barrier source-to-tap approach as one of its medium-term actions. However, source water protection planning is not an explicit activity of watershed councils or government. Source water protection may be part of watershed planning in general, though regional Watershed Council integrated watershed management plans are aspirational rather than regulatory documents.  Most recently a May 2009 document entitled, Alberta Environment's Drinking Water Program: A Source to Tap, Multibarrier Approach (Government of Alberta, 2009a) explains the regulatory framework for Alberta's drinking water. To date, the approved Lower Athabasca regional land-use plan includes several water regulatory instruments called management frameworks, intended to limit cumulative land use impacts. A surface water quality framework includes water quality indicators with limits, as well as 'trigger' values that trigger management actions. A groundwater management framework includes quality and quantity indicators and interim 'trigger' values. The draft South Saskatchewan regional plan also has a draft surface water quality management framework. Source water protection policy does not address protection of First Nations water. The Environmental Protection and Enhancement Act (2000), Water Act (2000), Water for Life: Alberta's Strategy for Sustainability (Government of Alberta, 2003), Drinking Water Program (Government of Alberta, 2009), and Framework for Water Management Planning (1999) all contribute to protection of drinking water sources. However, Alberta has no specific legislated source water protection legislation.

Alberta fully adopts the Guidelines for Canadian Drinking Water Quality (2009). Operator certification is required. The treatment required from the province includes disinfection for both groundwater and surface water, and filtration for surface and shallow groundwater supplies. Municipalities must submit monthly and annual reports to Alberta Environment. 

Water for Life (2003) outlines adoption of a multi-barrier source-to-tap approach as one of its medium-term actions. However, source water protection planning is not an explicit activity of watershed councils or government. Source water protection may be part of watershed planning in general or land-use planning in general. Most recently a May 2009 document entitled, Alberta Environment's Drinking Water Program: A Source to Tap, Multibarrier Approach (Government of Alberta, 2009a) explains the regulatory framework for Alberta's drinking water.

Source water protection policy does not address protection of First Nations water.

Groundwater licensing was enabled under the Water Resources Act (1962) -the Water Act (2000) predecessor.  Permits are not required for domestic use or for traditional agriculture. Well drillers are required to submit completed well logs to Alberta Environment. Groundwater permits are recorded at regional offices. Alberta Environment regulates groundwater under direct influence (GUDI) of nearby surface water as surface water (Government of Alberta, 2009b).

Alberta defines and protects fresh groundwater based on a definition of  "water with a concentration of total dissolved solids (TDS) of 4,000 mg/L or higher." Provincial permitting processes do not apply to Federal lands such as First Nations reserves and communities. Groundwater licensing was enabled under the Water Resources Act (1962) -the Water Act (2000) predecessor.  Permits are not required for domestic use or for traditional agriculture. Well drillers are required to submit completed well logs to Alberta Environment. Groundwater permits are recorded at regional offices. Alberta Environment regulates groundwater under direct influence (GUDI) of nearby surface water as surface water (Government of Alberta, 2009b).

Provincial permitting processes do not apply to Federal lands such as First Nations reserves and communities.

The Acts and Regulations relevant to municipal wastewater and stormwater management are:

• Environmental Protection and Enhancement Act (2000)
• Activities Designation Regulation (1996)
• Approvals and Registrations Procedure Regulation (1993)
• Release Reporting Regulation (1993)
• Substance Release Regulation (1993)
• Wastewater and Storm Drainage Regulation (1993)
• Wastewater and Storm Drainage (Ministerial) Regulation (1993)
• Standards and Guidelines for Municipal Water Works, Wastewater and Storm Drainage Systems (2006, updated in 2012/13).

Provincial or territorial policies and strategies do not apply or include First Nations reserves or communities. The Acts and Regulations relevant to municipal wastewater and stormwater management are:

• Environmental Protection and Enhancement Act (2000)
• Activities Designation Regulation (1996)
• Approvals and Registrations Procedure Regulation (1993)
• Release Reporting Regulation (1993)
• Substance Release Regulation (1993)
• Wastewater and Storm Drainage Regulation (1993)
• Wastewater and Storm Drainage (Ministerial) Regulation (1993)
• Standards and Guidelines for Municipal Water Works, Wastewater and Storm Drainage Systems (2006.

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

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.  

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 Alberta Water Council (a provincial multi-stakeholder advisory group) has developed a framework for water conservation, efficiency, and productivity planning for major water-using sectors. All 7 sectors, within the Alberta Water Council (Urban Municipalities, Irrigation, Upstream Oil and Gas, Forestry, Downstream Petroleum, Power Generation and Chemical) have developed draft plans for their sectors. It is unclear how these plans will affect individual companies or industries and what will be required if plans are not implemented. 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.   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. 

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 average annual natural flow or 15% above what are called instream objectives (which have very little to do with scientifically determined instream flow needs), 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 land-use management plans currently in development across the province of Alberta will develop frameworks for surface water quantity management.  To date the Lower Athabasca is the only regional framework that has been completed.   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 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, 2009) also mentions climate change, unlike the original Water for Life (Government of Alberta, 2003) strategy. 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.

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.

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aire-eng.pdf 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-regulat
ions/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 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.

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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

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