Bill 106 (Legislature 16, Session 4)

L16 S4 4943

Alberta — Bills

1971 Bill lOG Fourth Session, 16th Legislature, 20 Elizabeth II THE LEGISLATIVE ASSEIvIBLY OF ALBERTA An Ad to amend The W2.Lr Resources Act THE RON. l\1R. RUSTE First Reading Second Reading Third Reading ............................. . Prillted by L. S. 'Vall, Queen's Prjl'~: ;', Ec1mo!nOll

AN ACT TO AMEND THE WATER RESOURCES ACT (Assented to , 1971) I~ER lVIA.JESTY, by and with the advice and consent of . the Legislative Assembly of Alberta, enacts as fo11o"ws: 1 .. The Water Resources Act is he"reby allwnded.

Section 2, subsection (1) is alnended by striking out clause 6 and by substituting the following: 6. "divert" means (

i) to impound, store, take or renl0ve water for any purpose, or (ii) to do any act that has the effect of altering the flow of water or changing the location of water or the course of flo"\v of water, and "diversion" has a corresponding meaning;

Section 5 is a1nended (

a) by striking out subsection (2), (

b) as to subsection (3) by striking out the words "sub 'Section (2)" and by Subst1~tuting the words "section 6, subsection (1)".

Section 6 is a?nended by striking out SUbsection (1) and by substituthlg the followi'ng: G.

(1) No person shall "(

a) divert or use any water, or (

b) construct or cause to be constructed any works fOl' the diversion of water, or ~ (

c) operate or use any works for the diversion of water, or (

d) lay, place, build or erect in, ove'.', under, UpOll 01' adjacent to any ,vater any strncture, device, con trivance or thing, or any earth, sand, gravel or other material, which interfel'es with or is capable of interfering with the present or futurc develop ment, conservation or managemcnt of water, or

I. This Bill amends

chapter 388 of the Revised Statutes of Alberta 1970. 2.

Section 2(1)6 presently reads: 6. "diversion" (

i) means the taking or removing of water from any river, stream, lake or body of water that is the property of the Province, by means of any mechanical contrivance or works, and (ij) inc'ludes the impounding (.: "water, and "divert" has a correspondh~: meaning; The definition is rewritten in order to tie in with the re-enactment of sections 6 (1) and 11 (1) of the Act by this Bill. 3.

Section 5(2) and (3) presently read:

(2) Subject to subsection (3), no person has the right to divert any water, the property in "which is vested in the Pro,"ince, otherwise than by virtue lof a licence issued pursuant to this Act. (3) Subsection (2) does not affect the rights of taking, diverting. impounding and using any water vested in the Province where the rights existed in a person on the first day of April, 1931. by virtue of a valid and subsisting application made or authority granted pur:;:uant to the Irrigation Act (Canada), or by virtue of a valid and subsisting agreement, licence or interim liCence granted pursuant to th.:: Dominion Lands Act, or the Dominion 'Yater Power Act.

" Subsection (2) is removed as being redundant to the new

section 6(1) enacted by

section 4 of this Bill, and subsection (3) is amended as a consequence. 4.

Section 6(1) presently reads: 6. 0) Xo person (

a) shall divert any water in the Province, or (

b) shall construct or cause to be constructed (

i) any works for the diversion of, or (ii) any works that interfere with the flow of, any water ill any riYer, stream, watercourse, lake, spring-, rayine, cany~n, lagoon, swamp, marsh, or other body of water in the Province, otherwise than under the provisions of this Act and the regula tiOI1S, e?,cept in the exercise of a legal right exisUng at the time of the divt:·r Slon or construction. The provision is re-enacted to broaden the scope of the prohibitioll and also to specify the prohibitions in more detail. As to clause (a), see the new definition of "divert" in

section 2 of this Bill. Subsection (1.1) is added as a result of the re-enactment of sectio.l 65 of the Act by this Bill.

(

e) l'€move or disturb any earth, sand, gravel or oth2r material forming part of the bed, shOl'e or banks of any water, where such 1'en10val or disturbance in terferes with or is capable of interfering with the present or fllhu-e deYelC'pment, conservation or managen1ent of \vater, except under the authority of this Act, the regulations or a }icence, intelim -licence '01' pern1it issued under this Act.

(1.1) Any person \vho 'contravenes subsection (1) is guilty of an offence.

(1.2) Each day or portion thereof that a person con travenes subsection (1) shall be deemed to be a separate offence. 2

Section 11 is amended (

a) by striking out subsection (1) and by substituting the /ollo'W'ing: 11.

(1) Upon application being n1ade therefor as provided in this Act and the regulations, a person may acquhoe, subject to any valid and subsisting rights, (

a) a licence to divert and use water for any or all of the follo\ving purposes: (

i) don1estic purposes; (ii) municipal purposes; (iii) industrial purposes; (iv) irrigation purposes; (

v) water power purposes; (vi) other purposes; (

b) a licence to impound water for the· purpose of water management, flood control, erosion con trol, flow regulation, conservation, recrea tion or the propagation of fish or wildlife or for any like purpose, or (

c) a licence to use water in its natural stah~ for the purpose ofconsel'vat1ion, rEcreation or the propagation of fish or wildlife or for any like purpose, or (

d) a licence to divert wat::!', 'Otherwise th~l.'-' bv inl poundment 'Or storage, for the purpose 'J:' \\~ater m'anagement, flood control, dl·ainage, erosion control or channel re-alignment 'Or for any like purpose, 'Or (

e) a pernlit (

i) to lay, place, build or erect in, over, uncler, upon or adjacent to any 'water any struc ture, device, contrivance or thing, or any

Section 11(1) and (3) presently read: 11. (1) upon application being made ther"for as provided in this Act and the regulations (

a) the right may be acquired to diven:. any water for domestic, municipal, industrial, irrigation, waterpo'wer and other purp·)ses, and (

b) permission may be granted to erect fishways, dams, piers, b00ms and other necessary works in any non-na\-igable stream to facil itat.~ the passage of logs, timber and other products of the forest or stream along the stream. (3) 'Where applications are filed on the same date they h3.\"e pre cedence in the following order: first, domestic purposes; second, muni cipal pur~ses; third, industrial purposes; fourth, irrigation pl1rposes; fifth, water-power purposes; and sixth, other purposes.

The effect of the re-enactment of subsection (1) is to distinguish four classes of licences and also to add another category of per mission - a permit - for the construction of anything that inter feres \vith the flow of water without the actual diversion of it. The new

section 11 (1) is rewritten to tie in with the new

section 6 (1) in

section 4 of this Bill. The amendment to subsection (3) is made to refer to applications for licences only, as the new subsection 0) also refers to permits. 2

(ii) earth, sand, gravel or other lnaterial, which will interfel'e with or will be capable of interfering with the present or future development, conservation or man- agement of that water, or to relnove or disturb any earth, sand, gravel or oth~r material fonning part of the bed, shore or banks of any water, where the renlOval or disturbance \vill in terfere ,vith or will be capable of interfer ing \vith the present or future develop ment, conservation or rnanagement of water. (

b) as to subsection (3) by striking out the 'words "where applications" and by substituting the word.~ "where two or more applications for licences under subsection (1)".

Section 13 is arnended by striking 01.tt the portion fol lowing clause (b).

Section 14 is amended (

a) by st'riking out subsection (1), (

b) as to subsection (2) by striking out the wO'i'{ls "The applicant for any suc;h rigbt or permission" and by substituting the words "An applicant for a li cence or permit referred to in

section 11, subsection (1)", (

c) by adding the following subsection:

(9) Notwithstanding anything in this Act, no person is entitled to apply for a licence under sec tion 11, subsection (1) to divert and use ground water unless he has (

a) obtained a prelinlinary permit under this sec tion pertaining to an examination and survey of the source of such gronnd \Yater, and (

b) has complied with the preliminary permit, this

section and the regulations, and subseob[ons (2) to (7) 8fply to the application and the pl'eliminm"y permit. 8. Sectiotl 16, subsection (1) is amended by adding after the 'Wonls "with such changes and variations" the 1.{)oi'Cls "anel subj ect to such conditions".

Section 59 is strucl;; out.

Section 65 is strllck out and the following 1'S sub stituted: 3

o. 0ectiOli 10 'pl':::::'CHL1,Y ~CClU;:'. 13. ),"0:\', ithsUlTIding any othpf provlsl0n of this Act. the Lieutf:n;u:t GO\'t.'rnr,r in C..ouncil lI1o.y 3.uthori7.(: th·) :\lini.:;lel' Ly agreement with the licenseo to amend (

a) the terms of any existing licence for the diver:oion of any w<!.ter, lhe property in which b \"t~st,·d in the Crown in the right of tlte Pro\'ince, whether such licence has beell granted pursuant to the Dominion \Vater POWer Act 0r this _-\.ct, or (

b) the terms of any I',:'gulations that are incorporated in a licence rct!;lTed to in clause (a), with respect to control by the ~1inister oi stream flo·w or of the surface le\·el of a::y rest:rvoir authoI'i~ed by tht.' lict:nce or regu:J.tions or with respect tLl the termination of the licence, by reason of the ",ater being suosequC:lltly l"lCiuired for any other purpo:oe, upon such terms as to compensation and otherwise as the 11inister deems best in the pulJlic interest and as shall be set out in the agreement, and from and after the Illakirl'; of the agreement

section 11, subsections (3), (-I), (5) and (6) do not apply to the licence or to any renewal or extension thereof. The effect of the amendment is to allow for the amendment of a licence in any case and not just in those cases presently specified in the section. 7.

Section 14 (1) and (2) presently read: 14.

(1) The right to divert any water and permission to erect fish ways, dams, piers, booms and other neces~ary work.:; in any stream to facilitate the passage of logs, timber and other products of the forest or stream a!c,ng the stream may be obtained in the manner proYided in this

section and not otherwise!.

(2) The applicant for any such right 0. pennission shall file with the 1\1inister an application in writing in such form and containing such particulars as the :\1inister Illay It·c'm time to time prescribe and shall set out the nature of the proposed diversion or works and the purpose thereof. Subsection (1) is removed as being redundant to the new

section 11(1). SubsectIon (2) is amended as a consequence in order to refer to

section 11(1). The new subsection (9) will make it mandatory to complete an exploration program for grolmd water under a preliminary permit as a condition precedent to applying for a licence to divert and use that ground water. 8.

Section 16(1) presently reads: 16. (1) "Upon receipt of the f'_pplication and plans, properly appro\-e,.l, together with proof (

a) that the proper notice of the filing of the application and plans has been given, and . (

b) that, if such is the case, the permission referred to in

section 1-1. subsection (8), clause (b), has been granted, and after considering all protests filed, the :'.linister Ill:J.Y grant an interim licence autiwrizll1g the cOll:;truction of the pruposed works \\·Ith such changes and variations as the ::.\liniste!- deellls necessan', awl tlX ing a term within which the construction of the \yod.;s is to L" cum pleted.

Section 59 sets out detailed reauirements for returns by corporate lice.i.lsces supplying water f;r irrigation purpose::, tklt is, the railway compan.~::3 and irrigation companies that were in tLc irrigation business unLI the 1940's. This is 1'2ploc::::d by an arne:,,: ment to

section 76 to al:ow for regulations (h:~aling with return:> ! '~. licensees generally.

Section 65 pl'esc;::.tly reads: 65. En'ry pcrson Who. wilfully without ~utllt>rity. (]!\-.r:,..: :ll::: that is the propt:Tty of the Province 01' diH'n,; :tllY W:lt I' c: ,,;:1 :t :.:: _ COl1stI'ud~'d and operated under thl' authority u:- tLl."; ,\.: :,:~:.~lt':,L, tion .Act (C:::.nucb). and ('VE'ry Ill'CllSC·C 01' utll'·l· I'··"" ': diverts th.·rE'froll1 any g-rc::tpr qll:llitity [.f \\":11.:· t!l."! ), Is guilty of an offence and liable upon SUI::r:,:ll'y I.'· ,:., exceedinf,' ~5 for each acre foot ur fr:ldioll (,f l;!l_ :1'·'; :.:t: !.: ' .. day or fractioll ~f a day, il11pr.,;h riy dIVert:·'.:., 1-1 t',: ··1':·' :' :,~ term lIot excC't·dl!lg- 30 d:1YS. or to h'.lth fill' ,I"'] ., .. , 3

65. Every person who comnlits ~n offence undel' this Act 01' the regulations for which no penalty is expressly provided is guilty of an offence and liable on sumnlary COI! victim} (a) (

b) in the case of a natural person, to a fine of not more than $1,000, and in default of payment to a ternl of imprisonment not exceeding six nlonths, or in the case of a corporation, to a fine of not nlOl'e than $5,000.

Section 76, subsection (1), clause (

b) is arnelldecl by striking out subclause (xxix) and by substituting u~c /ollowiing: 4 (xxix) requiring licensees or any class therEof to sub mit returns to the lVlinister at such tinles as may be prescribed in the regulations, (xxx) governing applications for permits under sec tion 11, subsection (1), clause (e), prescribing the duties of the holders of such pernlits and the powers of the :Minister in res-pect of any structures, devices, contrivances or things laid, placed, built or erected by permittees, (xxxi) prescribing cases where any act otherwise pro hibited by

section 6, subsection (1) may be done without the necessity of a licence or per mit, (xxxii) governing the registration of wells under sec tion 99, and (xxxiii) for any other purpose considered necessary for carrying out the provisions of this Act.

Section 89, subsection (1) is amended (

a) by st'l'iking out the words ", vvith the approval of the Lieutenant Governor in Council", (

b) by adding the following subsection: (3) ~r'he l\1inister rl1ay i:r pose <~nd colled ch~p'ges in accordance with the regulations for services or facilities provided throngh works or undertakings constructed under this section.

Section 96 is a1nended (

a) by st'i'ik1.~ng out subsection (1) and by substituting the following: 96. (1 ) Notwithstanding any other Act, the l\'Iin ister nwy enter into an agl'eenlCnt with a local authority or other person, or with two 01' rno1'e local local authorities jointly, to provide for any worl~s or nndel'taldngs.

Section 76(1) (

b) enumerates the subject matters of regula tions made by the Lieutenant Governor in Council. Subc1auses (xxix) and (xxx) and (xxxii) are new, while subclause (xxxiii) is a re-enactment of the present subclause (xxix). 12.

Section 89(1) presently reads: 89. (1) \\'1lere the Minister in his absolute discretion deems it advis able and in the best interest of the Province, he may, with the ap-' proval of the Lieutenant Governor in Council, construct, operate, main tain and repair works and undertakings within the meaning of this ..... \.ct. 13.

Section 96(1) presently reads: 96. (1) :x otwithstanding any other Act, the ~Iinis tel', with the ap proval of the Lieutenant Goyernor in Council, and anyone or more cities, towns, villag-es, drainage districts, municipal districts, impron> ment districts or counti.:s, upon the p8.ssing of ~ ~,y-law approving the terms, may enter into a!1 agreement pro\-id:ng :Clr works or under· takings in the nature of (

a) a drainag-e project or irrigation project or a drainage and irrig::t- tion project, or (

b) a water-power project. or (

c) a water supply project, or (

d) a river project or flood control project or a river and flood con trol project, or (

e) a water Rupply development project, v.:ith~n or without the city. town, village, dc.linage district. municipal dlStI'lct, imprc.\·ement district or county. The new subsection (1) extends the scope of the

section so that agreements for water projects may be now made with irrigation district boards and other persons or groups involved in works or undertakings of public interest. It also removes the need for the approval of the T Ji('lIt('n~mt GO\" ernar in Council in each case as the funds for tilt-Sf:' pr('jects arE' in any event financed from appropriations by til(' l.('~~i~ b t nrc. Subsections (2) (

c) and (4) arc amended as a ('(HI:;\·'qUl'lh'(' of the new definition of "local authority". 4

(b) (c)

(1.1) In thjs

section "local authority" means (

a) a city, town, ne\v town, village, municipal district or county, or (

b) the rvlinister of I\'Iunicipal Affairs, in the case of an improvement district or special area, or (

c) the board of directors of an in'iga tion district, or (

d) the boanl of trustees of a drainage d:strict. (1.2) vVhere a local authority is a party to an agreement under subsection (1), the works or un dertaking ID;ay be inside or outside its boundaries. as to subsection (2), claZlse (

c) by st1'iking out the words "each city, town, village, drainage district, municipal district, improvell1ent district or county, re'spectively" and by substituting the words "the other party or each of the other parties to the agreement" , as to subsection (4) by striking out the words "A city, town, village, drainage district, municipal dis trict, improvement district or county" and by substituting the 'Words "A lo~1 :authority". 14. The following sections a're added after

section 97: 98.

(1) The Minister may establish and administer a stock adyance fund for the purposes of this Act.

(2) The Provincial Treasurer upon the requisition of the :Minister may make advances fron1 the G€neral Revenue Fund to the stock advance fund of such sums as the M:in ister may require to pay for machinery, equipn1ent, services, stock or material required by the \Vater Resources Division.

(3) The net amount of the advances under subsection (2) at any time shall not exceed the an10unt determined by the Lieutenant Governor in Council. 99.

(1) Where a person owns a well for the supply of ~vatel' used for any purpose other trr:l dO·.llestic purpo"cs and the ground \-vater was put to usc before the comluence ment of this section, that person shall on or before June 30, 1973 appJy to the Director of \Vater Hesources to have the well registered.

(2) An application under subsection (1) shall be ('

a) filed with the Director iill the fonn prescribed by the Director, and (

b) made in accordance with the regulations.

(3) Tihe Director, upon payrnent to him of any prescl'ibed fee, shall register the well of the applicant. 5

98. Stock Advance Fund. 99. Requirement to register aU existing "water wells by Jtme 30, 1973 so that licences can be issued to \ve II owners. This will faci:Jbte the f'lture management of wat~r supr1ies on the S8n1t:! aquifer. 5

(4) \Yhere a well is registcl'ccl uncleI' this section, the Minister n1ay issue a licence under

Part 1 in respc=:t of that well as Ithough 'the application for ;regi.3tration of the well had been an application for a licence in respect of th8 well. (5) \fhere the l\1inister issues a licence in respect of a well registered under this section, the licence shall, unless the IVIinister otherwise decides, have priority accOl'ding to the date on 'which the well first came into production, except that, if the application for registration is nlacle aftel' June 30, 1973, the priority of any licence shall be deternlined by the date of filing the application.

(6) A person who is required to register a well under subsedion (1) shall be deemed to be the 1101cler of a licence to divert and use water from that well (a). uD-til June 30, 1973, and (

b) if he registers the well in accordance \'lith sub section (1), until a licence is iss ned to hinl under subsection (4). 100. Her Majesty is bound by this Act. 14. This Act C01rWS into jm'ce on the day upon ~vhich it is assented to. 6

100. Her Majesty is bound by the Act. Among the con sequences of this amendm - t will be the fact that all Government projects affecting water re.38UrCeS will be regulated under the Act and the applications for licences of various departments will be a matter of public record. 6 Title: 1971 (16th, 4th) Bill 106,

An Act to amend The Water Resources Act

Document details

Collection	Alberta — Bills
Citation	L16 S4 4943
Type	bill
Volume / chapter	L16 S4 4943
Language	en
Format	json
Source	PROVINCIAL
Identifier	8b7ce554ae499bd42579b56d5e96a8a292f82cf9

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