© Published by Alberta King’s Printer Alberta King’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 E-mail: kings-printer@gov.ab.ca Shop on-line at kings-printer.alberta.ca Province of Alberta Office Consolidation Revised Statutes of Alberta 2000

Chapter W-3 Current as of March 11, 2026 WATER ACT

Copyright and Permission Statement The Government of Alberta, through the Alberta King’s Printer, holds copyright for all Alberta legislation. Alberta King’s Printer permits any person to reproduce Alberta’s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and copyright is acknowledged in the following format: © Alberta King’s Printer, 20__.* *The year of first publication of the legal materials is to be completed.

Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law. Amendments Not in Force This consolidation incorporates only those amendments in force on the consolidation date shown on the cover. It does not include the following amendments: 2025 cP-25.5 s254 amends s23(3)(a). 2025 c10 s57 amends s1(1)(ee)(viii).

Regulations The following is a list of the regulations made under the Water Act that are filed as Alberta Regulations under the Regulations Act Alta. Reg.

Amendments Water Act Bow, Oldman and South Saskatchewan River Basin Water Allocation Order ........ 171/2007 Oldman River Basin Water Allocation........... 319/2003 ......... 109/2010 Water (Ministerial) ......................................... 205/98 ............. 91/99, 200/99, 251/2001, 27/2002, 311/2002, 280/2003, 379/2003, 257/2004, 92/2005, 237/2006, 320/2006, 67/2007, 69/2007, 68/2008, 260/2009, 31/2012, 170/2012, 191/2012, 62/2013, 185/2015, 240/2017, 253/2018, 218/2019, 301/2020, 156/2021, 159/2021, 93/2023, 158/2025, 191/2025, 3/2026, 50/2026 Water (Offences and Penalties) ...................... 193/98 ............. 63/2003, 164/2005, 274/2009, 188/2012, 184/2015, 229/2017, 250/2018

1 WATER ACT

Chapter W-3 Table of Contents 1

Interpretation 2 Purpose of Act 2.1 Application of REDA 2.2 Application of All-season Resorts Act 3 Water vested in Crown 4 Crown is bound 4.1 ALSA regional plans

Part 1 Consultation 5 Referral if EPEA applicable 6 Agreements

Part 2 Planning and Environmental Assessment Division 1 Planning 7 Provincial planning framework 8 Aquatic environment protection strategy 9 Water management plans 1 0 Water management planning areas 1 1 Approved water management plans 1 2 Amend, cancel approved plan 1 3 Notice of approved plan 1 4 Water guidelines 1 5 Water conservation objectives Division 2 Environmental Assessment Process 1 6 Environmental assessment requirements 1 7 Ministerial orders

RSA 2000

Chapter W-3 WATER ACT 2

Part 3 Right to Divert and Priority of Rights Division 1 Right to Divert Water 1 8 Existing diversion rights 1 9 Exempted agriculture user 2 0 Activities continued 2 1 Household purposes 2 2 Riparian owner or occupant 2 3 Household diversions 2 4 Traditional agriculture user 2 5 Combined diversions 2 6 Diversion under approval or licence Division 2 Priority of Rights 2 7 Priority of household user 2 8 Registration priority numbers 2 9 Licence priority numbers 3 0 Priorities 3 1 Works limit diversion right Division 3 Administering Priority of Rights 3 2 Administering priorities 3 3 Agreements to assign water 33.1 Disclosure of assignment information

Part 4 Approvals, Licences, Preliminary Certificates, Registrations 3 4 Approvals, licences, transfers , registrations not available 3 5 Crown reservation Division 1 Approvals 3 6 Approval required 3 7 Application 37.1 Refusal for unpaid debts 3 8 Issuance of approvals 3 9 Approval required onsite 4 0 Certificate of completion

RSA 2000

Chapter W-3 WATER ACT 3 4 1 Extensions 4 2 Approval amendments 4 3 Suspension, cancellation 4 4 Security 4 5 Approvals run with land, undertakings Division 2 Licences 4 6 No licences to transfer water outside Canada 4 7 No transfer of water between basins without special authorization 4 8 Public review 4 9 Licence required 49.1 Refusal for unpaid debts 5 0 Application 50.1 Disclosure of related agreements 5 1 Issuance of licences, pre liminary certificates 5 2 Using works of another 5 3 Licence applications not accepted 5 4 Amendments 54.1 Public disclosure of licence information 5 5 Suspension, cancellation 5 6 Amalgamation of licences 5 7 Security 5 8 Licences run with land 5 9 Licence renewal application 6 0 Renewal of licence 6 1 Public review of renewal Temporary Diversion Licence 6 2 Application 62.1 Disclosure of related agreements 6 3 Issuance of temporary diversion licence 6 4 Amendment, suspensio n, cancellation 6 5 Licence to be onsite Division 3 Preliminary Certificates 6 6 Issuance of preliminary certificates 66.1 Refusal for unpaid debts 6 7 Certificate of completion 6 8 Licence issues 6 9 Preliminary certif icate extension

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Chapter W-3 WATER ACT 4 7 0 Preliminary certificate amendment 7 1 Preliminary certificate cancellation 7 2 Runs with land Division 4 Registration 7 3 Application 7 4 Registration effected 7 5 Registration runs with land 7 6 Appeal 7 7 Amendments 7 8 Suspension, cancellation Division 5 Natural Flow Declaration 7 9 Natural flow declaration

Part 5 Changes in Ownership, Transfers Division 1 Changes in Ownership 8 0 Land, undertaking dispositions Division 2 Transferring Water Allocations 8 1 Transfer application 81.1 Disclosure of transfer information 8 2 Transfer approved, licence issues 8 3 Water conservation holdback

Part 6 Water Management Works and Undertakings 8 4 Construction and operation by Minister 8 5 Undertaking construction 8 6 Public Works Act applicable 8 7 Tenders 8 8 Withdrawal of tender 8 9 Acquisitions and takeovers by Minister 9 0 Disposal of works or undertaking 9 1 Repossession and resumption of operation 9 2 Use of land administered by Minister

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Chapter W-3 WATER ACT 5

Part 7 Remedial Measures Division 1 Resolution of Disputes, Removal of Works 9 3 Dispute resolution 9 4 Mediation 9 5 Removal of works and obstructions 9 6 Flood risk areas Division 2 Water Management Orders 9 7 Order issues 9 8 Order by inspector 9 9 Terms of order 100 Responsibility to carry out orders 101 Amendment and cancellation of orders 102 Court order for compliance 103 Director may carry out order 104 Order where person unidentifiable Division 3 Emergencies 105 Emergency measures 106 Recovery of costs 107 Declaring an emergency

Part 8 Notice 108 Notice of applications 109 Statement of concern 110,111 Notice of Director ’s decision 112 Notice of exemptions 113 Notice of Minister ’s decision

Part 9 Appeals 114 Appeal to Board 115 Notice of appeal 116 Submission of notice of appeal 117 No damages, no compensation

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Chapter W-3 WATER ACT 6

Part 10 Inquiry and Enforcement Orders Division 1 Inspection 118 Inspector identification 119 Right of entry by inspec tor and authorized persons 120 Inspections 121 Production of documents 122 Seizure without warrant 123 Assistance to inspectors, persons 124 Interference 125 Order to enter and inspect 126 Assistance by peace officer Division 2 Investigations 127 Investigator identification 128 Right of entry by investigator 129 Investigations 130 Interference 131 Assistance to investigators 132 Tele-warrants 133 Seizure without warrant 134 Duty to stop a vehicle or vessel Division 3 Enforcement Orders 135 Issuing an enforcement order 136 Terms of an order 137 Amendment, cancellation of order 138 Court order for compliance 139 Director may carry out order 140 Responsibility to carry out orders

Part 11 Offences, Penalties and Related Matters 141 Limitation period 142 Offences 143 Penalties 144 Additional fine if monetary benefits acquired 145 Continuing offences 146 Liability of directors, officers and agents

RSA 2000

Chapter W-3 WATER ACT 7 147 Liability of public officials 148 Court orders relating to penalty 149 Variation of court orders 150 Disposal of things seized 151 Recovery of costs by Government 152 Administrative penalties 152.1 Publication of information

Part 12 Civil Matters 153 Other civil remedies not affected 154 Injunction re commission of offence 155 Injunction re loss or damage 156 Vicarious responsibility 157 Liability exemption 158 Compensation 159 Expropriation of land, works

Part 13 Miscellaneous Matters 160 Documents as evidence 161 Notice of analyst ’s certificate 162 Inspector ’s report 163 Designation of officials 164 Water management areas 165 Fund 166 Giving notice 167 Providing information 168 Fees 169 Regulations

Part 14 Transitional 170 Transitional regulations 171 Applications 172 Alberta Regulation 307/91 continued 173 Reservations continued 174 Water Power Regulation

RSA 2000

Section 1

Chapter W-3 WATER ACT 8 HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Interpretation 1(1) In this Act, (a) “abandon” means, with res pect to a water well, to leave unattended or not to maintain for future use; (b) “activity” means (

i) placing, constructing, operating, maintaining, removing or disturbing works, maintaining, removing or disturbing ground, vegetation or other material, or carrying out any undertaking, including but not limited to groundwater exploration, in or on any land, water or water body, that (

A) alters, may alter or may become capable of altering the flow or level of water, whether temporarily or permanently, including but not limited to water in a water body, by any means, including drainage, (

B) changes, may change or may become capable of changing the location of water or the direction of flow of water, including water in a water body, by drainage or otherwise, (

C) causes, may cause or may become capable of causing the siltation of water or the erosion of any bed or shore of a water body, or (

D) causes, may cause or may become capable of causing an effect on the aquatic environment; (ii) altering the flow, directio n of flow or level of water or changing the location of water for the purposes of removing an ice jam, drainage, flood control, erosion control or channel realignment or for a similar purpose; (iii) drilling or reclaiming a water well or borehole; (iv) anything defined as an ac tivity in the regulations for the purposes of this Act but does not include an activity described in subclause (

i) o r (ii) that is conducted by a licensee in a works that is owned by the licensee, unless specified in the regulations; (c) “adverse effect” means impairment of or damage to;

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Section 1

Chapter W-3 WATER ACT 9 (d) “allocation” means the vol ume, rate and timing of a diversion of water; (e) “amend” includes to cha nge, add to or delete from; (f) “approval” means an approval issued under this Act and a deemed approval under this Act; (g) “approved water management plan” means a water management plan that is approved under

Part 2; (h) “aquatic environment” mean s the components of the earth related to, living in or located in or on water or the beds or shores of a water body, including but not limited to (

i) all organic and inorganic matter, and (ii) living organisms and thei r habitat, including fish habitat, and their interacting natural systems; (i) “aquifer” means an undergr ound water-bearing formation that is capable of yielding water; (j) “conservation” includes but is not limited to (

i) improved efficiency, recy cling, reuse or reduction of wastage or losses, (ii) preservation, and (iii) protection; (k) “Director” means an individu al designated as a Director for the purposes of all or part of this Act by the Minister under

Part 13; (l) “disposition” means with res pect to land or an undertaking, a demise, devise, alienation, transfer or other disposition of the land or undertaking; (m) “diversion of water” means (

i) the impoundment, storage, consumption, taking or removal of water for any purpose, except the taking or removal for the sole purpose of removing an ice jam, drainage, flood control, erosion control or channel realignment, and

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Section 1

Chapter W-3 WATER ACT 10 (ii) any other thing defined as a diversion in the regulations for the purposes of this Act; (n) “document” includes but is not limited to a book, sound recording, videotape, film, photograph, chart, graph, map, plan, survey, book of account and any other information that is recorded or stored by any means; (o) “drill” means to drill, bore or otherwise make, construct, extend, alter or recondition; (p) “driller” means a person who is authorized under this Act to drill or reclaim a water well; (q) “drilling machine” means a m achine that is designed to be used or is used to drill a water well; (r) “environment” means the components of the earth and includes (

i) air, land and water, (ii) all layers of the atmosphere, and (iii) all organic and inorganic matter and living organisms, and the interacting natural systems that include components referred to in subclauses (

i) to (iii); (s) “Environmental Appeals Board” means the Environmental Appeals Board established under

Part 4 of the Environmental Protection and Enhancement Act; (t) “farm unit” means farm unit as defined in the regulations for the purposes of this Act; (u) “give notice” m eans to give or serve written notice in accordance with

section 166; (v) “groundwater” means all wa ter under the surface of the ground whether in liquid or solid state; (w) “household” means a hou sehold as defined in the regulations for the purposes of this Act; (x) “household purposes” mean s the use of a maximum of 1250 cubic metres of water per year per household for the purposes of human consumption, sanitation, fire prevention and watering animals, gardens, lawns and trees;

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Section 1

Chapter W-3 WATER ACT 11 (y) “household user” means a person who is entitled to divert water for household purposes, as described in

section 21; (z) “inactive water well” mea ns a water well that is not currently being used but is being maintained for future use; (aa) “inspector” means an individual who has been designated a s an inspector under

Part 13; (bb) “investigator” means an individual who has been designate d as an investigator under

Part 13; (cc) “irrigation district” means an irrigation district as def ined in the Irrigation Districts Act; (dd) “licence” means a licence is sued under this Act and includes a renewed licence and a deemed licence under this Act; (ee) “local authority” means (

i) the corporation of a city, town, village, summer village, municipal district or specialized municipality, (ii) in the case of a special ar ea, the Minister responsible for the Special Areas Act or the Special Areas Board, (iii) in the case of an improvement district, the Minister responsible for the Municipal Government Act or the council of the improvement district, (iv) a settlement under the Metis Settlements Act, (

v) a regional services commission established under the Municipal Government Act, (v.1) a growth management board established under the Municipal Government Act, (vi) the board of directors of an irrigation district within t he meaning of the Irrigation Districts Act, (vii) the board of trustees of a drainage district within the meaning of the Drainage Districts Act, (viii) a provincial health agency or regional health authority under the Provincial Health Agencies Act, and (ix) any other entity defined as a local authority in the regulations for the purposes of this Act;

RSA 2000

Section 1

Chapter W-3 WATER ACT 12 (ff) “major river basin” means (

i) the Peace-Athabasca-Slave River Basin, (ii) repealed 2025 c27 s2, (iii) the North Saskatchewan River Basin, (iv) the South Saskat chewan River Basin, (

v) the Milk River Basin, (vi) the Beaver River Basin, and (vii) the Hay River Basin, with boundaries as specified in the regulations; (gg) “Minister” means the Minister determined under

section 16 of the Government Organization Act as the Minister responsible for this Act; (hh) “operation of a works” means the operation of a works for the diversion of water; (ii) “parcel of land” means (

i) the aggregate of one or more areas of land, as defined in the Land Titles Act, described in a certificate of title or by reference to a plan filed or registered in a land titles office, (ii) in respect of patented land as defined in the Metis Settlements Act, the aggregate of one or more areas of land described in a register in the Metis Settlements Land Registry for the Metis title in the land or by reference to a plan filed in the Metis Settlements Land Registry, and (iii) an area of unpatented land considered appropriate by the Director; (jj) “peace officer” means a p eace officer as defined in the Police Act; (kk) “person responsible” means a person responsible within th e meaning of the regulations; (ll) “pesticide” means

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Section 1

Chapter W-3 WATER ACT 13 (

i) a substance that is intende d, sold or represented for use in preventing, destroying, repelling or mitigating any insect, nematode, rodent, predatory animal, parasite, bacteria, fungus, weed or other form of plant or animal life or virus except a virus, parasite, bacteria or fungus in living people or animals, (ii) any substance that is a pe st control product within the meaning of the Pest Control Products Act (Canada) or is intended for use as such a pest control product, (iii) any substance that is a pl ant growth regulator, a defoliant or a plant desiccant, (iv) a fertilizer within the meaning of the Fertilizers Act (Canada) that contains a substance referred to in subclause (i), (ii) or (iii), and (

v) any other substance design ated as a pesticide in the Environmental Protection and Enhancement Act or regulations made under that Act, but does not include a substance that is intended, sold or represented for use in potable water to prevent or destroy bacteria, parasites or viruses if the substance is not a pest control product within the meaning of the Pest Control Products Act (Canada); (mm) “place” includes but is not limited to any land, water, water body, building, structure, machine, aircraft, vehicle or vessel, whether above or below the ground; (nn) “predecessor Act” means the Water Resources Act, RSA 1980 cW-5, Irrigation Act (Canada), RSC 1927 c104, Dominion Lands Act (Canada), RSC 1927 c113 or Dominion Water Power Act (Canada), RSC 1927 c210; (oo) “preliminary certificate” me ans a preliminary certificate issued under

Part 4 and anything deemed to be a preliminary certificate under this Act; (pp) “priority number” means (

i) with respect to a licence issued under this Act or a registration effected under this Act, the number that has been assigned to that licence or registration in accordance with this Act, and

RSA 2000

Section 1

Chapter W-3 WATER ACT 14 (ii) with respect to an aut hority or licence under a predecessor Act that is a deemed licence under this Act, the number described in

Part 3; (qq) “private dwelling place” me ans a place or part of a place that is used as a permanent or temporary dwelling place; (rr) “problem water well” m eans a problem water well as defined in the regulations for the purposes of this Act; (ss) “proponent” means a person, a local authority, the Government, a Government agency, a government of another jurisdiction or an agency of that government that undertakes (

i) a proposed activity, (ii) a proposed diversion of water, or (iii) a proposed opera tion of works for the diversion of water; (tt) “proposed activity” means (

i) a planned activity that has not been commenced, (ii) an activity that is being carried on and for which an approval is required but has not been obtained, or (iii) a change to an activity if the change (

A) is one to which

section 42(1) applies, (

B) is one to which

section 42(4) or (5) does not apply, and (

C) is, in the opinion of the Director, of a substantial nature; (uu) “proposed diversion of water” means (

i) a planned diversion of water that has not been commenced, (ii) a diversion of water that is being carried on and for which a licence, other than a renewal, is required but has not been obtained, or (iii) a change to a diversio n of water if the change (

A) is one to which sectio n 54(1) and (2) apply,

RSA 2000

Section 1

Chapter W-3 WATER ACT 15 (

B) is one to which

section 54(4) or (5) does not apply, and (

C) is, in the opinion of the Director, of a substantial nature; (vv) “proposed operation of a works for the diversion of water ” means (

i) a planned operation of a works that has not been commenced, (ii) an operation of a works that is being carried on and for which a licence, other than a renewal, is required but has not been obtained, or (iii) a change to an operation of a works if the change (

A) is one to which sectio n 54(1) and (2) apply, (

B) is one to which

section 54(4) or (5) does not apply, and (

C) is, in the opinion of the Director, of a substantial nature; (ww) “reclamation” means recl amation as defined in the regulations for the purposes of this Act; (xx) “recondition” mean s to flush, clean, recase, reline, rescreen or redevelop an existing water well by a machine to improve the water production or quality of water produced by the water well; (yy) “registrant” means a per son who holds a registration; (zz) “registration” means a regi stration effected under this Act; (zz.1) “return flow” means an a mount of water returned by a licensee to a source of water or to the environment following a diversion of water; (aaa) “search warrant” means a se arch warrant pursuant to the Provincial Offences Procedure Act; (bbb) “statement of concern” means a statement of concern made under

Part 8; (ccc) “traditional agriculture use r” means a person who is entitled to divert water pursuant to

section 24;

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Section 1

Chapter W-3 WATER ACT 16 (ddd) “undertaking” means a proj ect that is established, proposed to be established, required to be established or carried on pursuant to this Act by any person and that is related to (

i) an activity, diversion of water or operation of a works, and (ii) anything that is defined as an undertaking in the regulations for the purposes of this Act; (eee) “vehicle” means a device in , on or by which a person or thing may be transported or drawn; (fff) “water” means (

i) all water on or under the surface of the ground, whether in liquid or solid state, and (ii) precipitation that is intercepted above the ground and captured by works; (ggg) “water body” means any lo cation where water flows or is present, whether or not the flow or the presence of water is continuous, intermittent or occurs only during a flood, and includes but is not limited to wetlands and aquifers but does not include except for clause (nn) and

section 99 “water body” that is part of an irrigation works if the irrigation works is subject to a licence and the irrigation works is owned by the licensee, unless the regulations specify that the location is included in the definition of water body; (hhh) “water conservation obj ective” means the amount and quality of water established by the Director under

Part 2, based on information available to the Director, to be necessary for the (

i) protection of a natural water body or its aquatic environment, or any part of them, (ii) protection of tourism, recreational, transportation or waste assimilation uses of water, or (iii) management of fish or wildlife, and may include water necessa ry for the rate of flow of water or water level requirements; (hhh.1) “water f or reuse” means a water-based liquid that

RSA 2000

Section 1

Chapter W-3 WATER ACT 17 (

i) is prescribed in the re gulations as eligible to be considered water for reuse, (ii) arises from a diversion of water, under a licence, that did not result from wastage of water, and (iii) is supplied by the license e to another person for reuse; (iii) “water guideline” means a water guideline established by the Minister under

Part 2; (jjj) “water management plan” m eans a plan with respect to conservation and management of water developed under

Part 2; (kkk) “water well” means an opening in the ground, whether drilled or altered from its natural state, that is used for (

i) the production of groundwater for any purpose, (ii) obtaining data on groundwater, or (iii) recharging an undergr ound formation from which groundwater can be recovered, and includes any related equ ipment, buildings, structures and appurtenances; (lll) “water-power development” means the works required for the storage or diversion of water for the production of power; (mmm) “works” means any structure, device or contrivance made by persons, or part of it, including a dam and canal, and (

i) land associated with it, and (ii) mitigative measures associated with it, and includes anything that is defined as a works in the regulations for the purposes of this Act.

(2) In this Act, a reference to “this Act” includes the regulations made under this Act.

(3) In this Act, a reference to the owner of land or to the owner of the fee simple in land means, in the case of land that is patented land as defined in the Metis Settlements Act, the owner of the Metis title in the land. RSA 2000 cW-3 s1;2003 c42 s6;2013 c17 s11;2024 c10 s43;2025 c27 s2

RSA 2000

Section 2

Chapter W-3 WATER ACT 18 Purpose of Act 2 The purpose of this Act is to support and promote the conservation and management of water, including the wise allocation and use of water, while recognizing (

a) the need to manage and cons erve water resources to sustain our environment and to ensure a healthy environment and high quality of life in the present and the future; (

b) the need for Alberta’s economic growth and prosperity; (

c) the need for an integrated approach and comprehensive, flexible administration and management systems based on sound planning, regulatory actions and market forces; (

d) the shared responsibility of all residents of Alberta for the conservation and wise use of water and their role in providing advice with respect to water management planning and decision-making; (

e) the importance of working co-operatively with the governments of other jurisdictions with respect to trans-boundary water management; (

f) the important role of comprehensive and responsive action in administering this Act. 1996 cW-3.5 s2 Application of REDA 2.1 This Act, to the extent that it applies to energy resource activities as defined in the Responsible Energy Development Act, shall be read and applied in conjunction with the Responsible Energy Development Act. 2012 cR-17.3 s110 Application of All-season Resorts Act 2.2 This Act, to the extent that it applies to all-season resort areas and all-season resort developments as defined in the All-season Resorts Act, shall be read and applied in conjunction with the All-season Resorts Act. 2024 cA-38.5 s21 Water vested in Crown 3(1) In this section, “use” includes but is not limited to use for the purposes of drainage, flood control, erosion control and channel realignment.

RSA 2000

Section 4

Chapter W-3 WATER ACT 19

(2) The property in and the right to the diversion and use of all water in the Province is vested in His Majesty in right of Alberta except as provided for in the regulations. RSA 2000 cW-3 s3;AR 217/2022 Crown is bound 4 The Crown is bound by this Act. 1996 cW-3.5 s4 ALSA regional plans 4.1 Where the Minister or the Director is empowered or directed to take an action under this Act, the Minister or the Director, as the case requires, must act in accordance with any applicable ALSA regional plan. 2009 cA-26.8 s92

Part 1 Consultation Referral if EPEA applicable 5(1) If the Director is of the opinion that an activity, diversion of water or operation of a works requires an approval under the Environmental Protection and Enhancement Act, the Director (

a) must refer the activity, dive rsion of water or operation of a works for review, and (

b) may make any recommendations that the Director considers appropriate, to a Director under the Environmental Protection and Enhancement Act.

(2) A referral may be made under subsection (1) whether or not (

a) an approval has been or may be issued, (

b) a preliminary certificate or licence has been or may be issued, or a registration has been effected, with respect to the diversion of water or the operation of a works, or (

c) a term or condition of a pre liminary certificate or licence applies to the diversion of water or the operation of a works. 1996 cW-3.5 s5 Agreements 6(1) Subject to the Government Organization Act, the Minister may enter into agreements containing any terms and conditions, including but not limited to provisions for sharing of costs, with

RSA 2000

Section 7

Chapter W-3 WATER ACT 20 (

a) a p e r s o n , (

b) a local authority, (

c) a Government agency, or (

d) the government or a government agency of another jurisdiction, with respect to any or all of the subjects referred to in subsection (2).

(2) An agreement under subsection (1) may be made with respect to (

a) any matter pertaining to the conservation and management of water, including but not limited to the supply and control of water, (

b) water-power development, (

c) the use, operation, maint enance, repair, control, replacement or removal of works, (

d) flood control and management, (

e) trans-boundary water, and (

f) any other matter related to the administration of this Act . 1996 cW-3.5 s6

Part 2 Planning and Environmental Assessment Division 1 Planning Provincial planning framework 7(1) The Minister must establish a framework for water management planning for the Province by December 31, 2001.

(2) The framework for water management planning must include a strategy for the protection of the aquatic environment, as described in

section 8, and may include (

a) water management principles, (

b) the geographical limits or boundaries within which water management planning is to be carried out in the Province,

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Section 8

Chapter W-3 WATER ACT 21 including limits or boundaries for the development of strategic and operational plans, (

c) criteria for establishing the order in which water management plans are to be developed, (

d) an outline of the processes for developing, implementing, reviewing and revising water management plans, including opportunities for local and regional involvement, (

e) matters relating to int egration of water management planning with land and other resources, and (

f) matters relating to the development of water conservation objectives.

(3) The Minister must, in a form and manner that the Minister considers appropriate, consult with the public during the development of the framework for water management planning. 1996 cW-3.5 s7 Aquatic environment protection strategy 8(1) In this section, “biological diversity” means the variability among living organisms and the ecological complexes of which they are a part, and includes diversity within and between species and ecosystems.

(2) The Minister must establish a strategy for the protection of the aquatic environment as part of the framework for water management planning for the Province.

(3) The strategy referred to in subsection (2) may include (

a) identification of criteria to determine the order in which water bodies or classes of water bodies are to be dealt with, (

b) guidelines for establishing w ater conservation objectives, (

c) matters relating to the protection of biological diversity , and (

d) guidelines and mechanisms f or implementing the strategy.

(4) The Minister must, in a form and manner that the Minister considers appropriate, consult with the public during the development of the strategy. 1996 cW-3.5 s8 Water management plans 9(1) The Minister may require a water management plan to be developed by the Director or another person.

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Section 10

Chapter W-3 WATER ACT 22

(2) The Director or other person developing a water management plan (

a) may adopt an integrated app roach to planning with respect to water, land and other resources; (

b) may co-operate with (

i) a n y p e r s o n s , (ii) local authorities, (iii) Government agencies and other Government departments, and (iv) the governments and gov ernment agencies of other jurisdictions; (

c) may, with the consent of the Minister, carry out any studi es that the Director or other person considers appropriate; (

d) may consider any information, documents or other water and land management plans; (

e) must follow the framework f or water management planning established under this Division; (

f) must engage in public consultation that the Minister considers appropriate during the development of the water management plan. 1996 cW-3.5 s9 Water management planning areas 10 The Minister may establish water management planning areas for the purpose of developing or implementing a water management plan or approved water management plan. 1996 cW-3.5 s10 Approved water management plans 11(1) The Lieutenant Governor in Council may approve a water management plan or part of a water management plan, subject to any terms and conditions that the Lieutenant Governor in Council considers appropriate.

(2) Notwithstanding subsection (1), the Lieutenant Governor in Council may authorize the Minister to approve a water management plan or part of a water management plan with respect to an area of the Province, subject to the conditions that the Minister considers appropriate.

RSA 2000

Section 12

Chapter W-3 WATER ACT 23

(3) A water management plan that has been approved under this

section is an approved water management plan and (

a) must include (

i) a

summary of the issues considered in the water management plan, (ii) a description of the area of the Province to which all or part of the water management plan applies, (iii) a

summary of the recommend ations of the Minister, and (iv) the matters or factors that must be considered in decidin g whether (

A) to issue an approval, preliminary certificate or licence or effect a registration, or (

B) to approve a transfer of an allocation of water under a licence, in the area of the Province to which the approved water management plan applies, and (

b) may include (

i) the number of households permitted on a parcel of land for the purposes of

section 21, (ii) authorization of the ability to transfer an allocation of water under a licence, (iii) authorization of the ability to withhold water under

section 83, and (iv) a provision on the maxim um amount of water that may be diverted under a registration.

(4) The Regulations Act does not apply to an approval of a water management plan under this

section or to an amendment of an approved water management plan or its cancellation under

section 12. 1996 cW-3.5 s11 Amend, cancel approved plan 12(1) The Lieutenant Governor in Council may amend an approved water management plan or cancel the approval of an approved water management plan.

RSA 2000

Section 13

Chapter W-3 WATER ACT 24

(2) Notwithstanding subsection (1), the Lieutenant Governor in Council may authorize the Minister to amend an approved water management plan or cancel the approval of an approved water management plan.

(3) Notwithstanding subsections (1) and (2), the Director may amend an approved water management plan in order to (

a) correct a clerical error, or (

b) make minor amendments that, in the opinion of the Director , do not affect the substance of the approved water management plan.

(4) If the approval of an approved water management plan has been cancelled, the Director is not required to consider the cancelled plan when making decisions under this Act. 1996 cW-3.5 s12 Notice of approved plan 13 The Director must provide notice, in accordance with the regulations, of (

a) the approval of a water management plan, (

b) the amendment of an approved water management plan by the Minister, and (

c) the cancellation of an approval of an approved water management plan. 1996 cW-3.5 s13 Water guidelines 14(1) The Minister may establish water guidelines.

(2) The Regulations Act does not apply to water guidelines. 1996 cW-3.5 s14 Water conservation objectives 15(1) The Director may establish water conservation objectives.

(2) The Director must engage in public consultation that the Director considers appropriate during the establishment of a water conservation objective.

(3) Information on a water conservation objective established by the Director must be made available to the public in a form and manner satisfactory to the Director. 1996 cW-3.5 s15

RSA 2000

Section 16

Chapter W-3 WATER ACT 25 Division 2 Environmental Assessment Process Environmental assessment requirements 16(1) Unless the regulations provide otherwise, the Director may not issue or amend an approval, preliminary certificate or licence or approve a transfer of an allocation of water under a licence if the Director is of the opinion that

Part 2, Division 1 of the Environmental Protection and Enhancement Act, if applicable, has not been complied with.

(2) Notwithstanding subsection (1), the Director may issue an approval, preliminary certificate or licence to enable a proponent to comply with

Part 2, Division 1 of the Environmental Protection and Enhancement Act. 1996 cW-3.5 s16 Ministerial orders 17 If the designated Director under the Environmental Protection and Enhancement Act submits an environmental impact assessment report to the Minister, the Minister may advise the proponent, (

a) if an application has not already been made, that the proponent may apply for an approval, licence or transfer of an allocation under a licence or an amendment to an approval or licence, or (

b) if an application has been made, that the application may proceed under this Act unless the Minister has made an order under

section 34. 1996 cW-3.5 s17

Part 3 Right to Divert and Priority of Rights Division 1 Right to Divert Water Existing diversion rights 18(1) Every authority or licence other than a temporary authority, agreement, permit, interim licence, updated and reissued interim licence and supplementary interim licence, granted under a predecessor Act that on January 1, 1999 authorizes the diversion of water, is a deemed licence that has a priority number that corresponds to the priority number of the original authority or licence.

RSA 2000

Section 18

Chapter W-3 WATER ACT 26

(2) A person who holds a deemed licence under this

section may continue to exercise the right to divert water in accordance with (

a) the priority number of the deemed licence, and (

b) the terms and conditions of the deemed licence and this Act, and if a term or condition of the deemed licence is inconsistent with this Act, that term or condition prevails over this Act.

(2.1) Notwithstanding subsection (2)(b), the Director may, under

section 54(1)(a)(iii) or (iii.1), add or amend a term or condition of a deemed licence that relates to (

a) a measurement, monitoring, reporting or inspection requirement for the use or diversion of water, or (

b) a monitoring, reporting or i nspection requirement for water for reuse.

(2.2) Notwithstanding subsection (2)(b), regulations made under

section 169(2)(dd.1) or (dd.2) may apply to deemed licences.

(3) Every temporary authority granted under a predecessor Act that on January 1, 1999 authorizes the diversion of water may, by order of the Minister, be a deemed approval or deemed licence under this Act.

(4) A temporary permit, permission for temporary diversion and interim licence, including an updated and reissued interim licence and supplementary interim licence, granted under a predecessor Act that on January 1, 1999 authorizes the diversion of water may, by order of the Minister, be (

a) a deemed approval, deemed preliminary certificate or deemed licence under this Act, or (

b) a deemed approval as w ell as a deemed preliminary certificate or deemed licence under this Act.

(5) A temporary permit, permission for temporary diversion or interim licence that is (

a) a deemed licence under subsection (4) has a priority numbe r that corresponds to the priority number of the original permit, permission or licence, or (

b) a deemed preliminary certif icate under subsection (4) has a number that corresponds to the priority number of the original permit, permission or licence.

RSA 2000

Section 19

Chapter W-3 WATER ACT 27

(6) Subject to subsection (2)(b), a deemed approval, preliminary certificate and licence under this

section are subject to this Act.

(7) For the purposes of this Act, an updated and reissued interim licence or supplementary interim licence (

a) is deemed to be a valid a nd subsisting interim licence under the Water Resources Act, RSA 1980 cW-5, (

b) supersedes any previous int erim licence that it replaced, and (

c) may be treated as an interim licence for the purposes of this section. RSA 2000 cW-3 s18;2025 c27 s3 Exempted agriculture user 19(1) A person who (

a) on January 1, 1999 owns or occupies land that adjoins a river, stream, lake, natural watercourse or other natural water body or land under which groundwater exists, and (

b) on or before January 1, 19 99 diverts water from a source referred to in clause (

a) for the purpose of raising animals or applying pesticides to crops, as part of a farm unit, may continue to divert up to 6250 cubic metres per year or the maximum specified in an approved water management plan, whichever is greater, from the sources described in clause (

a) for the purposes described in clause (

b) without an approval, licence or registration for the diversion of the water as long as the person owns or occupies the land, but the person has no priority under this Act unless an approval or licence has been issued or a registration effected with respect to that diversion.

(2) A person who diverts water in accordance with subsection (1) may, without an approval, licence or registration, pump or otherwise convey water to the point of use for the purposes described in subsection (1) on the land that adjoins the source of water, or to an adjacent parcel of land owned by that person if both lands form part of the same farm unit.

(3) A person who is entitled to divert water both under subsection (1) and under

section 21 is entitled to divert the water under subsection (1) as an additional amount of water. 1996 cW-3.5 s19 Activities continued 20(1) Every authority or licence, other than a temporary authority, agreement, permit, interim licence, an updated and reissued interim

RSA 2000

Section 21

Chapter W-3 WATER ACT 28 licence and a supplementary interim licence, granted under a predecessor Act that on January 1, 1999 authorizes the drainage, flood control, erosion control, channel realignment or other similar matters, is a deemed approval under this Act that does not have a priority number.

(2) Every permit granted under a predecessor Act that on January 1, 1999 authorizes an activity (

a) in the case of a permit, including an exploration permit, that was issued for a specified period of time, continues as a permit, and the Water Resources Act, RSA 1980 cW-5, continues to apply to that permit as if that Act were still in force, and (

b) in the case of a permit that does not have an expiry date, is deemed to be an approval under this Act that expires on December 31, 1999.

(3) A deemed approval under this

section is subject to this Act. 1996 cW-3.5 s20 Household purposes 21(1) Subject to subsection (3) and

section 23 and any exemptions specified in the regulations, a person who owns or occupies land that adjoins a river, stream, lake, natural watercourse or other natural water body (

a) has the right to commence and continue the diversion of th e water that adjoins that land for household purposes, whether or not that water is reserved under

section 35, and (

b) may not obtain a licence fo r the diversion of water that adjoins that land for household purposes.

(2) Subject to subsection (3) and

section 23 and any exemptions specified in the regulations, a person who owns or occupies land under which groundwater exists (

a) has the right to commence and continue the diversion of th e groundwater for household purposes, and (

b) may not obtain a licence for the diversion of the groundwater for household purposes.

(3) The number of households on a parcel of land for the purposes of this

section is limited to (

a) the number permitted under an applicable approved water management plan, or

RSA 2000

Section 22

Chapter W-3 WATER ACT 29 (

b) if there is no applicable approved water management plan, the number permitted by an order of the Minister.

(4) A person who diverts water under subsection (1) or (2) may, without an approval, licence or registration, pump or otherwise convey water to the point of use for household purposes. 1996 cW-3.5 s21 Riparian owner or occupant 22(1) Notwithstanding the common law, a riparian owner, riparian occupant or person who owns or occupies land under which groundwater exists has the right to divert water only in accordance with

section 21 and may not divert water for any other purpose unless authorized by this Act or under an approval, licence or registration.

(2) A person described in subsection (1) may commence an action with respect to a diversion of water only in respect of a diversion of water that is not authorized by this Act or under an approval, licence or registration.

(3) Nothing in this Act is to be construed so as to repeal, remove or reduce any rights held at common law by a riparian owner or occupant of land or by a person who owns or occupies land under which groundwater exists, other than the right to the continued flow or diversion of water. 1996 cW-3.5 s22 Household diversions 23(1) If the Director is of the opinion that there is or may be a significant adverse effect on the aquatic environment or on a licensee or traditional agriculture user resulting from a diversion of water pursuant to

section 21, the Director may, subject to the regulations, (

a) issue a water management order under

section 97, and (

b) declare that a person described in

section 21 who did not divert water as described in

section 21 prior to the date of the declaration may not, as of the date of the declaration, divert water as described in

section 21 from a source of water specified in the declaration or from any sources of water within the water management area specified in the declaration.

(2) The Director must provide notice of a declaration in a form and manner satisfactory to the Director.

RSA 2000

Section 24

Chapter W-3 WATER ACT 30

(3) If, on or after January 1, 1999, a subdivision of land of a type or class of subdivision specified in the regulations is approved under the Municipal Government Act, a person residing within that subdivision on a parcel of land that adjoins or is above a source of water described in

section 21 has the right to commence and continue the diversion of water under

section 21 only if (

a) a report certified by a professional engineer or professio nal geoscientist, as defined in the Engineering and Geoscience Professions Act, was submitted to the subdivision authority as part of the application for the subdivision under the Municipal Government Act, and the report states that the diversion of 1250 cubic metres of water per year for household purposes under

section 21 for each of the households within the subdivision will not interfere with any household users, licensees or traditional agriculture users who exist when the subdivision is approved, and (

b) the diversion of water for each of the households within t he subdivision under

section 21 is not inconsistent with an applicable approved water management plan.

(4) Notwithstanding subsection (3), a person residing within a subdivision as described in subsection (3) has the right to commence and continue the diversion of water under

section 21 if (

a) the written consent of the subdivision authority is provid ed to the Director, (

b) the Director is of the opinion that there are or were extenuating circumstances with respect to the submission of the report under subsection (3), and (

c) the Director has approved in writing the right to divert under

section 21. RSA 2000 cW-3 s23;2011 c3 s33 Traditional agriculture user 24(1) A person who owns or occupies land (

a) to which a registration is appurtenant, and (

b) that adjoins a river, stream , lake, natural watercourse or other natural water body, or under which groundwater exists, has the right to commence and continue the diversion of water from the sources authorized in the registration for the purpose of raising animals or applying pesticides to crops, as part of a farm unit, as authorized by the registration.

RSA 2000

Section 25

Chapter W-3 WATER ACT 31

(2) A person who diverts water in accordance with subsection (1) may, without an approval or licence, pump or otherwise convey water to the point of use on the land that adjoins the source of water, or to an adjacent parcel of land owned by that person if both parcels form part of the same farm unit. 1996 cW-3.5 s24 Combined diversions 25 A person who is entitled to divert water both under

section 21 and under

section 24 is entitled to divert the water under

section 24 as an additional amount of water. 1996 cW-3.5 s25 Diversion under approval or licence 26 A person has the right to commence and continue the diversion of water in accordance with the terms and conditions of a licence issued under this Act, or an approval, in good standing held by that person. 1996 cW-3.5 s26 Division 2 Priority of Rights Priority of household user 27 A person who diverts water pursuant to

section 21 (

a) does not have priority with respect to another person who is diverting water pursuant to

section 21, but (

b) has priority over a person who is entitled to divert water (

i) pursuant to an approval, licence or registration, or (ii) that is authorized under this Act other than pursuant to

section 21. 1996 cW-3.5 s27 Registration priority numbers 28 If in the opinion of the Director an applicant for a registration complies with this Act, the Director must assign a priority number to the registration that corresponds to the first known date of diversion of water but no earlier than July 1, 1894, for the purpose of raising animals or applying pesticides to crops from the sources of water on the land specified in the application for registration. 1996 cW-3.5 s28 Licence priority numbers 29(1) Subject to this

section and sections 34, 35 and 82(7)(b), on receiving applications for licences that, in the opinion of the Director, are complete and comply with this Act, the Director must

RSA 2000

Section 30

Chapter W-3 WATER ACT 32 assign numbers to the applications in consecutive order that correspond to the date and time that the Director received the complete applications.

(2) On receiving an application for a licence under

section 51(2) that, in the opinion of the Director, is complete and complies with this Act, (

a) with respect to a water cons ervation objective described in

section 1(1)(hhh)(ii), the Director must, subject to

section 35(2)(b), assign a number to the application that corresponds to the date and time that the Director received the complete application, (

b) with respect to a water cons ervation objective described in

section 1(1)(hhh)(

i) or (iii) (

i) within 5 years after the dat e this Act comes into force, or (ii) at any time, with respect t o water that has been reserved under

section 35, within 5 years after the date this Act comes into force, the Director must assign a number to the application that corresponds to the date and time this Act comes into force, and (

c) with respect to a water cons ervation objective described in

section 1(1)(hhh)(

i) or (iii), but not within the dates described in clause (b), the Director must assign a number to the application that corresponds to the date and time that the Director received the complete application.

(3) The Director may correct an error with respect to a number assigned to a complete application for a licence or with respect to a priority number assigned to a licence.

(4) A number assigned to an application for a licence described in subsection (1) or (2) must be assigned to the licence that is issued under

section 51 pursuant to that application, and that number is the priority number of the licence. 1996 cW-3.5 s29 Priorities 30(1) Licensees and traditional agriculture users have priority among themselves according to the priority number that has been assigned to the licence or registration.

(2) A licensee or traditional agriculture user diverting water pursuant to a licence or registration that has a numerically lower

RSA 2000

Section 31

Chapter W-3 WATER ACT 33 priority number is entitled to divert the whole allocation of water specified under the licence or registration before a licensee or traditional agriculture user has any right to divert water pursuant to a licence or registration that has a numerically higher priority number. 1996 cW-3.5 s30 Works limit diversion right 31(1) When a licensee’s or traditional agriculture user’s works is not of sufficient capacity to carry the diversion of water to which the licensee or traditional agriculture user is entitled under the terms and conditions of the licence or registration, the licensee’s or traditional agriculture user’s right to divert water under the licence or registration is limited to the volume and rate of water that the works is capable of carrying.

(2) In the case of a dispute as to the capacity of a licensee’s or traditional agriculture user’s works, the Director may order an inspector to inspect and report on the works. 1996 cW-3.5 s31 Division 3 Administering Priority of Rights Administering priorities 32(1) If there is a dispute with respect to the order in which water is to be diverted, the Director may administer priorities within a water management area or any other geographical area considered appropriate by the Director. (2) Subsection (1) does not apply to a dispute among household users.

(3) An inspector or the Director may issue a water management order under

section 97(1)(a).

(4) If a water management order under

section 97(1)(

a) has been issued to a person, that person shall not divert water except in accordance with the terms and conditions specified in the water management order until the order expires, is amended or cancelled, or a further order is made by the Director.

(5) If the Director has received a complaint with respect to the order in which water is to be diverted and an inspector or investigator is of the opinion that a diversion of water is affecting the rights of a household user, licensee or traditional agriculture user, the inspector or investigator may interrupt the diversion of water and cause the works of the person responsible for the diversion of water to be closed, or take any other action that is

RSA 2000

Section 33

Chapter W-3 WATER ACT 34 necessary to ensure that the supply of water to which a household user, licensee or traditional agriculture user is entitled can be diverted by the household user, licensee or traditional agriculture user in accordance with the household user’s, licensee’s or traditional agriculture user’s priority. 1996 cW-3.5 s32 Agreements to assign water 33(1) A licensee or traditional agriculture user may, subject to the regulations, for a period of time set out in an agreement, temporarily assign all or part of the water that the licensee or traditional agriculture user is entitled to divert under the licence or registration to another licensee or traditional agriculture user if (

a) a written agreement is made and signed by all the licensees and traditional agriculture users participating in the temporary assignment of the water, (

b) the licences and registratio ns that are the subject of the agreement are in good standing, (

c) no rights of a household user, or of a licensee or traditi onal agriculture user with a higher priority than the party to the agreement who has the lowest priority, are adversely affected by the temporary assignment, (

d) the person receiving the wa ter under the agreement is able to access the assigned water as a result of the natural flow or natural presence of the water, and (

e) there are no adverse effects on any water body or the aqua tic environment. (

f) repealed 2025 c27 s4.

(2) Notwithstanding subsection (1), an agreement to assign water may not be made with respect to water that has been previously diverted under a licence.

(3) If an agreement is made under this section, (

a) the licensee or traditiona l agriculture user temporarily assigning the water is not entitled to divert the allocation of water that has been temporarily assigned, (

b) the diversion of water by the licensee or traditional agriculture user temporarily receiving the water must be done in accordance with the licence or registration of the licensee or traditional agriculture user receiving the water, and

RSA 2000

Section 33.1

Chapter W-3 WATER ACT 35 (

c) the licensee or traditiona l agriculture user temporarily receiving the water must not divert a total amount of water that is greater than the allocation of water specified in the licence or registration of the licensee or traditional agriculture user receiving the water.

(4) An agreement made under this

section is subject to the regulations.

(5) If the Director is of the opinion that a temporary assignment causes or may cause (

a) the rights of any household user, or the rights of any licensee or a traditional agriculture user with a higher priority than the party to the agreement that has the lowest priority, to be adversely affected, or (

b) an adverse effect on any water body or the aquatic environment, the Director may direct that water must not be diverted under the agreement or a subsequent agreement, either permanently or for a specified period of time.

(6) If the Director has directed (

a) that water must not be diverted under an agreement or a subsequent agreement for a specified period of time, no water may be assigned under that agreement or a subsequent agreement during the specified period of time, or (

b) that water must not be diverted under an agreement or a subsequent agreement permanently, no water may be assigned under that agreement or a subsequent agreement. RSA 2000 cW-3 s33;2025 c27 s4 Disclosure of assignment information 33.1(1) Subject to subsection (2) and in accordance with the regulations, a licensee or traditional agriculture user who is a party to an agreement for a temporary assignment under

section 33 must, before water is diverted under the temporary assignment, submit to the Director a copy of every agreement, contract or other arrangement respecting the temporary assignment.

(2) If an agreement, contract or other arrangement referred to in subsection (1) is not in writing, the party must submit a written statement of its terms, including terms respecting the consideration paid or exchanged, if any, for the temporary assignment.

RSA 2000

Section 34

Chapter W-3 WATER ACT 36

(3) The Director may, subject to the regulations, make public the terms of an agreement, contract or arrangement submitted under subsection (1), or a written statement submitted under subsection (2), respecting the consideration paid or exchanged for the temporary assignment. 2025 c27 s5

Part 4 Approvals, Licences, Preliminary Certificates, Registrations Approvals, licences, transfers, registrations not available 34(1) If the Minister is of the opinion that a proposed (

a) activity, (

b) diversion of water or operation of a works for the diversi on of water, or (

c) transfer of an allocati on of water under a licence, should not proceed because it is not in the public interest, the Minister may make any order referred to in subsection (2).

(2) If subsection (1) applies, the Minister may order (

a) that no application for (

i) an approval, licence, reg istration or transfer of an allocation of water, or (ii) an amendment of a n approval or licence is to be accepted in respect of the proposed activity, diversion, operation of a works for the diversion of water or transfer, or a class of proposed activities, diversions, operation of works for the diversion of water or transfers, (

b) that no approval, prelimin ary certificate or licence may be issued or that no registration may be effected in respect of the proposed activity, diversion or operation of a works for the diversion of water or in respect of a class of proposed activities, diversions, operation of works for the diversion of water or transfers, (

c) that no amendment of an a pproval, preliminary certificate or licence in respect of the proposed activity, diversion or operation of a works for the diversion of water or in respect of a class of proposed activities, diversions or operation of works for the diversion of water may be made, or

RSA 2000

Section 35

Chapter W-3 WATER ACT 37 (

d) that no transfer of an allocation of water may be approved in respect of the proposed transfer.

(3) If the Minister makes an order under subsection (2)(b), (

c) or (d), the Director must give notice of the order to the applicant and, if the applicant is not the person who is or will be the holder of the authorization resulting from the application, to that person, if an application has been submitted.

(4) If the Minister makes an order under subsection (2)(a), the Director must provide notice in accordance with the regulations. RSA 2000 cW-3 s34;2025 c27 s6 Crown reservation 35(1) The Minister may by order reserve water that is not currently allocated under a licence or registration or specified in a preliminary certificate (

a) in order to determine how the water should be used, or (

b) for any other purpose.

(2) When making an order under subsection (1), the Minister may (

a) include terms and conditions, (

b) subject to

section 29(2)(b), prescribe the priority number of any allocation of water to be made from the reserved water, but the priority number may not be based on a date and time that is earlier than the date and time that the reservation was made, and (

c) specify (

i) the purposes for which, (ii) how, (iii) to whom, and (iv) the time period within which, an allocation of the reserved water may be made by the Director.

(3) The Director may (

a) retain the water reserved i n the water body in accordance with the terms and conditions of an order made under subsection (1),

RSA 2000

Section 36

Chapter W-3 WATER ACT 38 (

b) issue a licence for the tem porary diversion of the reserved water, unless prohibited by an order made under subsection (1), (

c) if an order under subsectio n (1) allows, issue a licence for the diversion of the reserved water and in accordance with an order made under subsection (1), and (

d) refuse to accept an appli cation for a licence for the reserved water unless the refusal is contrary to an order made under subsection (1).

(4) If the Director issues a licence under subsection (3), including a licence for the temporary diversion of water, the Director must do so in accordance with this Act.

(5) Subject to subsection (2)(b), the Minister may amend a term or condition of an order made under subsection (1), including but not limited to changing the priority of any allocation to be made from the reserved water, and including or amending matters described in subsection (2).

(6) If the Minister (

a) repeals an order made under subsection (1), or (

b) amends an order made under subsection (1) so that part of the reserved water is no longer reserved, any of the reserved water that has not been allocated under a licence or does not remain reserved must be dealt with in accordance with this Act unless otherwise provided for in an order by the Minister. 1996 cW-3.5 s35 Division 1 Approvals Approval required 36(1) Subject to subsection (2), no person may commence or continue an activity except pursuant to an approval unless it is otherwise authorized under this Act.

(2) No person shall commence or carry out an activity that is designated in the regulations as an activity in respect of which notice must be provided to the Director unless that person provides notice to the Director, in accordance with the regulations, of the intention to commence the activity or to carry out the activity.

(3) A person who commences or continues an activity

RSA 2000

Section 37

Chapter W-3 WATER ACT 39 (

a) that is designated in the regulations as exempt from the requirement for an approval or is part of a class of activities that is designated in the regulations as exempt from the requirement for an approval, (

b) that is an activity or part of a class of activities within an area of the Province that is designated in the regulations as an area where an approval is not required for that activity or class of activities, or (

c) that is an activity or part of a class of activities that is designated in the regulations as an activity or class of activities that does not require an approval but that must be carried out in accordance with the regulations, is not required to obtain an approval under this Act.

(4) An activity and class of activities described in subsection (3)(

c) must be carried out in accordance with the regulations. 1996 cW-3.5 s36 Application 37(1) A person who applies for an approval must (

a) make an application to the Director in a form and manner satisfactory to the Director, (

b) submit the information, i ncluding but not limited to plans and specifications, required by the Director, (

c) pay the required fees, and (

d) provide notice of the appli cation in accordance with

Part 8.

(2) Subject to the regulations, the Director may require an applicant to submit any additional information including but not limited to plans and specifications the Director considers necessary within any time period required by the Director.

(3) The Director may deem an application for an approval to be an application for a licence.

(4) If an applicant for an approval does not own the land in fee simple or the undertaking to which the approval is to be appurtenant, if required by the Director, the applicant must submit the written consent of the owner of the land or of the undertaking as part of the application for the approval.

RSA 2000

Section 37.1

Chapter W-3 WATER ACT 40

(5) When reviewing an application and issuing a decision, the Director must comply with any applicable timelines specified in the regulations. RSA 2000 cW-3 s37;2025 c27 s7 Refusal for unpaid debts 37.1 The Director may refuse to issue an approval where the applicant is indebted to the Government. 2002 c4 s5 Issuance of approvals 38(1) Subject to

section 34, the Director may issue or refuse to issue an approval to an applicant to commence or continue an activity.

(2) In making a decision under this section, the Director (

a) must consider, with respect to the applicable area of the Province, the matters and factors that must be considered in issuing an approval, as specified in an applicable approved water management plan, (

b) may consider any existing, potential or cumulative (

i) effects on the aquatic environment, (ii) hydraulic, hydrological and hydrogeological effects, and (iii) effects on household user s, licensees and traditional agriculture users, that result or may resu lt from the activity, and (

c) may consider (

i) effects on public safety, and (ii) any other matters applicable to the approval that, in the opinion of the Director, are relevant.

(3) The Director may issue an approval subject to any terms and conditions that the Director considers appropriate.

(4) The Director may issue an approval that authorizes the temporary diversion of water associated with carrying out an activity.

(5) An approval authorizing the temporary diversion of water associated with carrying out an activity does not provide any priority with respect to that water.

RSA 2000

Section 39

Chapter W-3 WATER ACT 41

(6) When the Director issues an approval it must include an expiry date. 1996 cW-3.5 s38 Approval required onsite 39 An approval holder shall (

a) ensure that a copy of the approval is (

i) kept at the place where the activity occurs, (ii) posted or otherwise made available, as required by the Director, and (iii) produced in accordance with

Part 10, a n d (

b) in the case of a water we ll, display tags, decals, plates, devices, documents and other things as required by the Director. 1996 cW-3.5 s39 Certificate of completion 40(1) Unless the requirement for a certificate of completion is waived by the Director, on completion of the activity specified in the approval, the approval holder shall submit in a form and manner satisfactory to the Director, a certificate of completion (

a) containing the information required by the Director, and (

b) certifying that the approv al holder has completed the activity in accordance with the approval.

(2) On completion of a part of an activity, if required by the Director, the approval holder shall submit in a form and manner satisfactory to the Director, a certificate of completion with respect to that part of the activity (

a) containing the information required by the Director, and (

b) certifying that the approval holder has completed that part of the activity in accordance with the approval. 1996 cW-3.5 s40 Extensions 41(1) The Director may, on the Director’s own initiative or on the request of an approval holder, extend the expiry date of an approval or a term or condition of an approval as the Director considers appropriate.

RSA 2000

Section 42

Chapter W-3 WATER ACT 42

(2) An approval for the purposes of drainage, flood control, erosion control, channel realignment or a similar purpose may contain a term or condition that states that the approval, if in good standing, is extended once automatically for the same period of time for which it was originally issued.

(3) An extension under this

section is deemed not to be an amendment of the approval for the purposes of this Part and Parts 8 and 9. 1996 cW-3.5 s41 Approval amendments 42(1) The Director may amend an approval (

a) on the Director’s own initiative without the consent of th e approval holder (

i) to correct a clerical error in the approval, (ii) to amend a term or conditio n that relates to a monitoring, reporting or inspection requirement, (iii) if the Director has receive d notice of a disposition of the land to which an approval is appurtenant, to reflect the disposition, (iv) to address matters related to a temporary discontinuance of the activity by the approval holder, (

v) to extend, under

section 41, the expiry date of an approval or a term or condition of an approval, (vi) to amend a term or cond ition if, in the opinion of the Director, a significant adverse effect on the aquatic environment, human health or public safety that was not reasonably foreseeable at the time the approval was issued occurred, occurs or may occur, (vii) to amend a term or cond ition if, in the opinion of the Director, an adverse effect on a household user, licensee or traditional agriculture user occurred, occurs or may occur, or (viii) if there is a term or co ndition of the approval allowing the amendment, a n d (

b) with respect to any matter

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Chapter W-3 WATER ACT 43 (

i) on application by the approval holder, or (ii) with the consent of the approval holder.

(2) An application under subsection (1)(b)(

i) must be made in a form and manner satisfactory to the Director.

(3) Notice of an application to amend an approval must be provided in accordance with

Part 8.

(4) Notwithstanding subsection (1), unless otherwise specified in the regulations, an approval holder does not require an amendment of the approval in order to make an adjustment, repair or replacement or to have maintenance done during the course of normal operations of a works.

(5) Notwithstanding this section, the addition of and modifications to plans or specifications relating to an approval that, in the opinion of the Director, do not substantially change the terms and conditions of the approval or the nature of the undertaking to which the approval is appurtenant are deemed not to be an amendment of an approval for the purposes of this Part and Parts 8 and 9. 1996 cW-3.5 s42 Suspension, cancellation 43(1) The Director may suspend or cancel an approval (

a) on the Director’s own initiative without the consent of th e approval holder if (

i) the approval was issued in error, (ii) in the opinion of the D irector, the activity has been abandoned, (iii) there is an emergency or th e Director is of the opinion that the suspension or cancellation is necessary for public safety, (iv) the approval holder is indebted to the Government, (

v) there is non-performance of or in the opinion of the Director there is a serious breach of any term or condition of the approval, (vi) in the opinion of the Director, the approval holder made a material misrepresentation in obtaining the approval,

RSA 2000

Section 44

Chapter W-3 WATER ACT 44 (vii) the approval holder is convicted of an offence under thi s Act, other than an offence under

section 142(1)(j), (

o) or (p), (viii) the Director is of the opinion that a significant adver se effect on the aquatic environment, human health or public safety occurred, occurs or may occur that was not reasonably foreseeable at the time the approval was issued, (ix) the Director is of the opinion that an adverse effect on a household user, licensee or traditional agriculture user occurred, occurs or may occur, or (

x) an approval has been automatically extended under

section 41(2), a n d (

b) on any grounds (

i) on application by the approval holder, or (ii) with the consent of the approval holder.

(2) If an approval has been suspended or cancelled, all rights of the approval holder cease, and in addition to the Director’s exercising any powers provided under Parts 7 and 10, the Government may recover any fees owing to the Government by the approval holder under this Act.

(3) If an approval with respect to drilling water wells is suspended or cancelled, the approval holder shall, on the request of the Director, return to the Director as soon as possible the tags, decals, plates, devices, documents or other things that serve as evidence that a drilling machine is being operated or was operated under an approval.

RSA 2000 cW-3 s43;2002 c4 s5 Security 44 If required by the regulations, an applicant for an approval or an approval holder must provide financial or other security and carry insurance in respect of matters to which the approval relates in an amount and of a type required by the Director. 1996 cW-3.5 s44 Approvals run with land, undertakings 45(1) When issuing an approval the Director must specify, in the approval, the land or undertaking to which the approval is appurtenant.

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Section 46

Chapter W-3 WATER ACT 45

(2) An approval and all works constructed under the approval (

a) are appurtenant to the land or undertaking specified in th e approval, (

b) are inseparable from the la nd or undertaking specified in the approval, and (

c) run with the land on any disposition of the land or undertaking, unless the Lieutenant Governor in Council orders otherwise. 1996 cW-3.5 s45 Division 2 Licences No licences to transfer water outside Canada 46(1) In this section, “processed water” and “municipal water” mean processed water and municipal water as defined in the regulations for the purposes of this Act.

(2) For the purpose of promoting the conservation and management of water, including the wise allocation and use of water, a licence shall not be issued for the purpose of transferring water from the Province outside Canada by any means, unless the licence is specifically authorized by a special Act of the Legislature. (3) Subsection (2) does not apply to processed water and municipal water. 1996 cW-3.5 s46 No transfer of water between basins without special authorization 47(1) In this section, “lower-risk transfer” means a transfer of water that (

a) is between 2 adjacent major river basins, (

b) in the opinion of the Dir ector, will not result in the transfer of an invasive species as defined in the Fisheries (Alberta) Act, (

c) does not exceed a rate of diversion of (i) 0.1 cubic metres per second, or a lower rate if prescribed in the regulations, in the case of a transfer from the Milk River Basin or the Beaver River Basin,

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Section 48

Chapter W-3 WATER ACT 46 (ii) 1.0 cubic metre per second, or a lower rate if prescribed in the regulations, in the case of a transfer from the Hay River Basin, or (iii) 4.0 cubic metres per secon d, or a lower rate if prescribed in the regulations, in the case of a transfer from any other major river basin, a n d (

d) meets all further criteri a, conditions or limitations prescribed in the regulations.

(2) A licence may not be issued that authorizes the transfer of water between major river basins unless the licence is specifically authorized by (

a) a special Act of the Legislature, or (

b) the Minister in accord ance with subsection (3).

(3) The Minister may, by order, authorize the Director to issue a licence authorizing a lower-risk transfer. RSA 2000 cW-3 s47;2025 c27 s8 Public review 48(1) Before a Bill to amend

section 46 or 47 or to enact a special Act described in those sections is introduced in the Legislative Assembly, the Minister must consult with the public, in a form and manner satisfactory to the Minister, with respect to the Bill.

(2) Before making an order under

section 47(3), the Minister may consult with the public, in a form and manner satisfactory to the Minister, with respect to the proposed order. RSA 2000 cW-3 s48;2025 c27 s8 Licence required 49(1) Subject to subsection (2), no person shall (

a) commence or continue a diversion of water for any purpose, or (

b) operate a works, except pursuant to a licence unless it is otherwise authorized by this Act.

(2) A person who commences or continues the diversion of water or operates a works

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Section 49.1

Chapter W-3 WATER ACT 47 (

a) for household purposes i n accordance with

section 21, (

b) pursuant to a registration, (

c) pursuant to an approval, (

d) that is designated or is part of a class of diversions or works that is designated in the regulations as exempt from the requirement for a licence, or (

e) that is in an area of the P rovince that is designated in the regulations as an area where a licence is not required for that diversion or operation of works or that class of diversions or operation of works, is not required to hold a licence for that diversion of water or operation of works. 1996 cW-3.5 s49 Refusal for unpaid debts 49.1 The Director may refuse to issue a licence where the applicant is indebted to the Government. 2002 c4 s5 Application 50(1) A person who applies for a licence must (

a) make an application in a for m and manner satisfactory to the Director, (

b) submit the information required by the Director, (

c) pay the required fees, and (

d) provide notice of the appli cation in accordance with

Part 8.

(2) Subject to the regulations, the Director may require an applicant to submit any additional information the Director considers necessary within any time period required by the Director.

(3) The Director may deem that an application for a licence is an application for an approval.

(4) If an applicant for a licence does not own the land in fee simple or the undertaking to which the licence is to be appurtenant, the applicant must submit the written consent of the owner of the land or of the undertaking as part of the application for the licence.

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Chapter W-3 WATER ACT 48

(5) When reviewing an application and issuing a decision, the Director must comply with any applicable time period specified in the regulations. RSA 2000 cW-3 s50;2025 c27 s9 Disclosure of related agreements 50.1(1) Subject to subsection (2) and in accordance with the regulations, an applicant for a licence under

section 50 must, before water is diverted under the licence, submit to the Director a copy of every agreement, contract or other arrangement (

a) on which the application is based or to which it relates, or (

b) that underlies a written co nsent provided under

section 50(4).

(2) If an agreement, contract or other arrangement referred to in subsection (1) is not in writing, the applicant must submit a written statement of its terms, including terms respecting the consideration paid or exchanged, if any.

(3) The Director may, subject to the regulations, make public the terms of an agreement, contract or arrangement submitted under subsection (1), or a written statement submitted under subsection (2), respecting the consideration paid or exchanged. 2025 c27 s10 Issuance of licences, preliminary certificates 51(1) On application for a licence by a person in accordance with this Act, the Director may, subject to subsection (2) and sections 34, 46 and 47, issue or refuse to issue (

a) a preliminary certificate to that person, or (

b) a licence to that person for (

i) the diversion of water, or (ii) the operation of a works, for any purpose specified in the regulations.

(2) On application by the Government in accordance with this Act, the Director may issue a licence to the Government but to no other person, or may refuse to issue a licence, for (

a) the diversion of water, (

b) the operation of a works, or

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Section 51

Chapter W-3 WATER ACT 49 (

c) providing or maintaining a rate of flow of water or water level requirements for the purpose of implementing a water conservation objective.

(3) Subject to

section 68, the Director may issue a licence under this

section subject to any terms and conditions that the Director considers appropriate.

(4) In making a decision under this section, the Director (

a) must consider, with respect to the applicable area of the Province, the matters and factors that must be considered in issuing a licence, as specified in an applicable approved water management plan, (

b) may consider any existing, potential or cumulative (

i) effects on the aquatic environment, (ii) hydraulic, hydrological and hydrogeological effects, and (iii) effects on household users, other licensees and traditional agriculture users, that result or may result from the diversion of water, operation of a works or provision or maintenance of a rate of flow of water or water level requirements, and (

c) may consider (

i) effects on public safety, (ii) with respect to irrigation, the suitability of the land f or irrigated agriculture, and (iii) any other matters applicable to the licence that in the opinion of the Director are relevant, including any applicable water guideline, water conservation objective and water management plan.

(5) When the Director issues a licence, the Director must include an expiry date determined in accordance with the regulations.

(6) A licensee of water for irrigation purposes or a person who, under a licence, has acquired water from a licensee of water for irrigation purposes is entitled to divert, as part of the acquired water,

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Section 52

Chapter W-3 WATER ACT 50 (

a) up to a maximum of 1250 cub ic metres of water per year for household purposes, and (

b) up to a maximum of 6250 cubic metres of water per year for the purpose of raising animals or applying pesticides to crops, as part of a farm unit, whether or not that licensee or person owns or occupies land that adjoins a river, stream, lake, natural watercourse or other natural water body or under which groundwater exists or that person is diverting water under a registration.

(7) If a licensee of water for irrigation purposes or a person who under a licence acquires water under the licence of such a licensee is entitled to divert water under

section 21, that licensee or person is entitled to the water under the licence in addition to the entitlement under

section 21. 1996 cW-3.5 s51 Using works of another 52(1) If a person has applied for a licence to divert water through the use of another person’s works, the Director may issue a licence under

section 51 for the diversion, whether the applicant’s works are constructed, under construction or to be constructed, if (

a) the operation of the works of the other person is licensed or authorized under this Act, (

b) the applicant for the licen ce and the owner of the works have made an agreement with respect to (

i) the use and maintenance of the works and, if necessary, the alteration and enlargement of the works, (ii) the method of co mpensating the owner for the use and maintenance of the works, and (iii) sharing the cost of altering, enlarging or jointly constructing the works, where applicable, (

c) the issuance of that licen ce will not interfere with the licensed diversion of water by the other person, unless the owner of the works has agreed otherwise in a term of the agreement referred to in clause (b), and (

d) the agreement has been submitted to the Director.

(2) In issuing the licence under subsection (1), the Director may issue an approval to the applicant for the licence or the owner of the works to alter or enlarge any of the works described in

RSA 2000

Section 53

Chapter W-3 WATER ACT 51 subsection (1) if the Director is of the opinion that the alteration or enlargement is necessary in order for the water to be diverted through the use of the works.

(3) Notwithstanding subsection (2), if an agreement has not been submitted to the Director, the Minister may by order issue the licence under subsection (1), prescribe how any necessary alteration or enlargement of the works is to be done and how the costs are to be apportioned and require the Director to issue an approval with respect to the alteration or enlargement, if, in the opinion of the Minister, (

a) there has been an unreas onable delay in submitting the agreement, and (

b) it is in the public interest to do so.

(4) Unless otherwise provided for in the agreement, an applicant who is authorized to alter or enlarge a works previously constructed is responsible for any loss or damage that is sustained by the owner of the works as a result of the alteration or enlargement, and the Minister must determine the amount to be paid for the loss or damage, and that determination is final. 1996 cW-3.5 s52 Licence applications not accepted 53(1) If the Director is of the opinion that no further allocation of water should be made in a water management area or other geographical area considered appropriate by the Director or from a water body, the Director may decide that applications for licences are not to be accepted by the Director for a specified period of time.

(2) If the Director conducts a public review in a form and manner satisfactory to the Director, the Director may extend the period of time referred to in subsection (1).

(3) In making a decision under subsection (1) that no applications for licences may be accepted, the Director (

a) must consider, with respect to the applicable area of the Province, the matters and factors that must be considered in issuing a licence, as specified in an applicable approved water management plan, (

b) may consider any existing, potential or cumulative (

i) effects on the aquatic environment, (ii) hydraulic, hydrological and hydrogeological effects, and

RSA 2000

Section 54

Chapter W-3 WATER ACT 52 (iii) effects on household user s, licensees and traditional agriculture users, that result or may r esult from a potential diversion of water, operation of a works or provision or maintenance of a rate of flow of water or water level requirements, and (

c) may consider any other matters that, in the opinion of the Director, are relevant, including any applicable water guideline, water conservation objective and water management plan.

(4) If notice of a decision has been provided under

section 110(4) that no further applications for licences may be accepted, the Director must refuse to accept an application for a licence.

(5) The Director must consider and make a decision with respect to an application for a licence received prior to the date the Director provides notice under

section 110(4).

(6) Notwithstanding subsection (4), the Director may accept an application for a licence for a temporary diversion of water.

(7) If the Director has made a decision under subsection (1) that no further applications for licences are to be accepted and the Director is of the opinion that water may once again be allocated even though the period of time referred to in subsection (1) has not expired, the Director must provide notice, in accordance with the regulations, that applications for licences may be accepted. 1996 cW-3.5 s53 Amendments 54(1) If an amendment of a licence does not increase the volume of the diversion of water specified in the licence, the Director may, subject to the regulations and subsections (1.4) and (3), amend a licence (

a) on the Director’s own initiative, without the consent of t he licensee, (

i) to correct a cleri cal error in a licence, (ii) to give effect to a tran sfer of an allocation under a licence that has been approved under

Part 5, (iii) to add or amend a term or condition that relates to a measurement, monitoring, reporting or inspection requirement for the use or diversion of water,

RSA 2000

Section 54

Chapter W-3 WATER ACT 53 (iii.1) to add or amend a term or condition that relates to a monitoring, reporting or inspection requirement for water for reuse, (iv) if the Director has receive d notice of a disposition of land or an undertaking to which a licence is appurtenant, to reflect the disposition, (

v) if, in the Director’s opinion, an adverse effect on human health or public safety occurred, occurs or may occur that was not reasonably foreseeable at the time the licence was issued, (vi) to give effect to the am algamation of licences under

section 56, (vii) to limit the volume of wat er to that which a works is capable of carrying, (viii) to reduce an allocation of water under a licence if part of the allocation was incorporated into a registration, and (ix) if there is a term or co ndition of the licence allowing the amendment, (

b) on application by the licensee, including an amendment (

i) to increase or decrease the rate of diversion of water specified in the licence, (ii) to add a rate of diversion of water if none is specified in the licence, (iii) to add terms and conditions to the licence, (iv) to change the timing of the diversion of water specified in the licence, (

v) to change the point of use or add another point of use of the diverted water if (

A) the use is located on the same land specified in the licence or in the plan attached to the licence, (

B) the use is associated with, and is an extension of, the land specified in the licence or in the plan attached to the licence, or

RSA 2000

Section 54

Chapter W-3 WATER ACT 54 (

C) the use is associated with, and is an extension of, the project or undertaking specified in the licence or in the plan attached to the licence, (vi) to move the point of diversion of water or add another point of diversion of water if the diversion at the new point is from the same source of water, and (

A) the new point is located o n the same land specified in the licence or in the plan attached to the licence, (

B) the new point is associat ed with, and is an extension of, the land specified in the licence or in the plan attached to the licence, or (

C) the new point is associat ed with, and is an extension of, the project or undertaking specified in the licence or in the plan attached to the licence, (vii) to reduce the return flow requirement for the purpose of enabling water for reuse, where reuse is, in the opinion of the Director, beneficial to the aquatic environment, (viii) to add or amend a term or condition identifying a location from which the licensee may supply water for reuse, and (ix) to add or amend a term or condition respecting the management of return flow and the supply of water for reuse, a n d (

c) subject to subsection (1.3), on the Director’s own initiative (

i) to amend a term or condition of the licence pertaining to an established environmental objective if, in the opinion of the Director, (

A) the term or condition is outdated, (

B) the amendment enables g reater access to the licensed allocation, and (

C) the amendment benefits the licensee, (ii) to add or amend a return flow term or condition, and

RSA 2000

Section 54

Chapter W-3 WATER ACT 55 (iii) to reduce a return flow re quirement if, in the opinion of the Director, water has been conserved and the return flow requirement is outdated.

(1.1) If a licensee who applies under subsection (1)(b)(

v) or (vi) does not own the land in fee simple or the undertaking to which the licence is to be appurtenant as a result of the amendment, the licensee must submit the written consent of the owner of the land or of the undertaking as part of the application for the amendment.

(1.2) An amendment under subsection (1)(b)(

v) or (vi) must not authorize a diversion of water for a purpose different from that specified in the licence.

(1.3) Before making an amendment under subsection (1)(c), the Director must give written notice of the proposed amendment to the licensee and specify a period for objection, and the amendment may not be made if the licensee objects within that period.

(1.4) The Director may not make an amendment under subsection (1) unless, in the Director’s opinion, (

a) there is no or will be no ad verse effect on the rights of a household user, other licensee or traditional agriculture user, and (

b) the proposed change will not adversely affect the ability to conserve or manage a water body.

(2) Subject to the regulations, if an amendment of a licence issued under this Act does not increase the volume of the diversion of water specified in the licence, the Director may amend the licence if, in the Director’s opinion, an adverse effect on the aquatic environment occurred, occurs or may occur that was not reasonably foreseeable at the time the licence was issued, and compensation may be payable under

section 158.

(3) An applicant for an amendment to a licence under subsection (1) must (

a) make an application in a for m and manner satisfactory to the Director, (

b) submit the information required by the Director, (

c) pay the required fees, and (

d) provide notice of the appli cation in accordance with

Part 8.

RSA 2000

Section 54.1

Chapter W-3 WATER ACT 56

(4) A licensee does not require an amendment to a licence in order to make an adjustment, repair or replacement or to have maintenance done during the course of normal operations of a works, unless otherwise specified in the regulations, if the change does not result in an increase in the rate or volume of or a change in the timing of the diversion of water.

(5) Notwithstanding this section, the addition of or modifications to plans and specifications relating to a licence that, in the opinion of the Director, do not substantially change the terms and conditions of the licence or the nature of the undertaking to which the licence relates are deemed not to be an amendment for the purposes of this Part and Parts 8 and 9.

RSA 2000 cW-3 s54;2025 c27 s11 Public disclosure of licence information 54.1 The Director may, in accordance with the regulations, make public any information obtained under this Division respecting measurement, monitoring or reporting requirements in relation to licences, including licences for the temporary diversion of water. 2025 c27 s12 Suspension, cancellation 55(1) The Director may suspend or cancel a licence (

a) on the request of the licensee, (

b) if a licence has been issued in error, (

c) if there is an emergency or if in the Director’s opinion i t is necessary for public safety purposes, (

d) if the licensee is ind ebted to the Government, (

e) if there is non-performan ce of or in the opinion of the Director there is a serious breach of any term or condition of the licence, (

f) if, subject to the regulations, the Director is of the opi nion that (

i) there has been no diversion of any of the water allocated in the licence, or there has been a failure or ceasing to exercise the rights granted under the licence, over a period of 3 years, and (ii) there is no reasonable pr ospect that the licensee will resume diversion of all or part of the water specified in the licence or resume the exercise of the rights granted under the licence,

RSA 2000

Section 56

Chapter W-3 WATER ACT 57 (

g) if, in the opinion of the Director, the licensee made a material misrepresentation in obtaining the licence, (

h) if an entire allocation of water under a licence has been incorporated into a registration, (

i) if the licensee has been con victed of an offence under this Act, other than an offence under

section 142(1)(j), (

o) or (p), or (

j) if, in the opinion of the D irector, a significant adverse effect on human health or public safety occurred, occurs or may occur that was not reasonably foreseeable at the time the licence was issued.

(2) Subject to the regulations, the Director may suspend or cancel a licence issued under this Act if, in the opinion of the Director, a significant adverse effect on the aquatic environment occurred, occurs or may occur that was not reasonably foreseeable at the time the licence was issued, and compensation may be payable under

section 158.

(3) If a licence has been suspended or cancelled, subject to

section 158 all rights of the licensee cease, and in addition to the Director’s exercising any powers provided under Parts 7 and 10, the Government may recover any fees owing to the Government by the licensee under this Act. RSA 2000 cW-3 s55;2002 c4 s5 Amalgamation of licences 56(1) The Director may, if in the Director’s opinion it is appropriate to do so, amalgamate 2 or more licences if (

a) the licensee has requested the amalgamation, (

b) all of the licences to be ama lgamated are held by the same licensee, (

c) the diversions of water under all the licences are from the same source of water and are for the same purpose, (

d) in the opinion of the D irector, the amalgamation will improve the administration of the licences under this Act, and (

e) in the opinion of the Direct or, there is no adverse effect on household users, other licensees or traditional agriculture users.

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Chapter W-3 WATER ACT 58

(2) When amalgamating licences under subsection (1), the Director must (

a) specify in the resulting licence each original allocation of water and assign the priority number that applied to that allocation under its original licence to the corresponding amount in the resulting licence, or (

b) if requested by the licensee, assign to the resulting lice nce the numerically highest priority number of all the amalgamated licences.

(3) The licence resulting from the amalgamation may contain any terms and conditions (

a) that were contained in any of the licences that have been amalgamated, or (

b) that, in the opinion of the Director, are necessary to giv e effect to the amalgamation. RSA 2000 cW-3 s56;2025 c27 s13 Security 57 If required by the regulations, an applicant for a licence or a licensee must provide financial or other security and carry insurance in respect of the matters to which the licence relates in an amount and of a type required by the Director. 1996 cW-3.5 s57 Licences run with land 58(1) When issuing a licence, including licences issued under

Part 5, Division 2, the Director must specify in the licence the land or undertaking to which the licence is appurtenant.

(2) Subject to

Part 5, Division 2, a licence and all works operated under the licence (

a) are appurtenant to the land or undertaking specified in th e licence, (

b) are inseparable from the la nd or undertaking specified in the licence, and (

c) run with the land or undert aking on any disposition of the land or undertaking unless the Lieutenant Governor in Council orders otherwise. 1996 cW-3.5 s58

RSA 2000

Section 59

Chapter W-3 WATER ACT 59 Licence renewal application 59(1) A licensee may apply for a renewal of the licence in a form and manner satisfactory to the Director at any time prior to the expiry date of the licence.

(2) At least 30 days prior to the expiry date of a licence the Director must give notice to the licensee that the licence expires on the licence’s expiry date.

(3) If, after providing notice under subsection (2), the Director does not receive an application for renewal on or before the licence’s expiry date, (

a) the licence expires on t he licence’s expiry date, or (

b) if the Director is of the opinion that the failure to appl y is not the fault of the licensee, the Director may amend the licence, either before or after the licence expires, to extend the expiry date for up to 6 months, and the licence is deemed to have been in effect from the expiry date until the Director extended the expiry date so that the applicant has the opportunity to apply to renew the licence.

(4) If the Director extends the expiry date of a licence under subsection (3)(b), the licensee may apply to renew the licence prior to the new expiry date and

section 60 applies to the application for the renewal.

(5) If a licence had expired when the expiry date was extended by an amendment under subsection (3), the licence is deemed to have been a valid licence from the time it expired until the date it was amended under subsection (3).

(6) If the Director fails to give notice under subsection (2), the licence is deemed not to have expired on its expiry date and the licence is automatically renewed on the same terms and conditions for a period of one year. 1996 cW-3.5 s59 Renewal of licence 60(1) If an application for renewal is received by the Director prior to the licence’s expiry date, the expiry date of the licence is extended by 6 months or for a longer or shorter time specified by the Director, and the Director must (

a) renew the licence, or

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Section 60

Chapter W-3 WATER ACT 60 (

b) refuse to renew the licence in accordance with subsection (3), by the new expiry date of the licence.

(2) The Director may extend the expiry date of a licence for the purposes of this section.

(3) The Director may decide not to renew a licence only if (

a) the Director is of the opinion that it is not in the publi c interest to renew the licence, (a.1) the licensee is indebted to the Government, (

b) the renewal of the licence would be inconsistent with an approved water management plan, (

c) the water conservation obj ective of a natural water body from which the diversion of water will be made is not being met, (

d) the renewal, in the opinion of the Director, would cause a significant adverse effect on the aquatic environment, (

e) subject to the regulations, in the opinion of the Director , (

i) there has been no diversion of any of the water allocated in the licence or there has been a failure or ceasing to exercise the rights granted under the licence over a period of 3 years, and (ii) there is no reasonable pr ospect that the licensee will resume diversion of all or part of the water specified in the licence or resume the exercise of the rights granted under the licence, (

f) there is a term or condition of the licence that the licence is not renewable, or (

g) the licence is not in good standing.

(4) If the Director makes a decision not to renew a licence, the Director must provide written reasons for the decision to the applicant for the renewal in a form and manner satisfactory to the Director.

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Chapter W-3 WATER ACT 61

(5) A renewed licence has the same priority as the original licence and the Director has the same powers and duties with respect to a renewal of a licence that the Director has with respect to issuing a licence under

section 51(3). RSA 2000 cW-3 s60;2002 c4 s5;2025 c27 s14 Public review of renewal 61(1) The Director may, subject to the regulations, conduct a public review with respect to the renewal of a licence.

(2) A public review must be carried out in a form and manner determined by the Director. 1996 cW-3.5 s61 Temporary Diversion Licence Application 62(1) A person who applies for a licence for the temporary diversion of water must (

a) make an application in a for m and manner satisfactory to the Director, (

b) submit the information required by the Director, (

c) pay the required fees, and (

d) provide notice of the appli cation in accordance with

Part 8.

(2) Subject to the regulations, the Director may require an applicant to submit any additional information the Director considers necessary within any time period required by the Director.

(3) When reviewing an application and issuing a decision, the Director must comply with any applicable time period specified in the regulations. RSA 2000 cW-3 s62;2025 c27 s15 Disclosure of related agreements 62.1(1) Subject to subsection (2) and in accordance with the regulations, an applicant for a licence for the temporary diversion of water under

section 62 must, before water is diverted under the licence, submit to the Director a copy of every agreement, contract or other arrangement (

a) on which the application is based or to which it relates, or (

b) that underlies a written co nsent provided under

section 63(6).

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Chapter W-3 WATER ACT 62

(2) If an agreement, contract or other arrangement referred to in subsection (1) is not in writing, the applicant must submit a written statement of its terms, including terms respecting the consideration paid or exchanged, if any, for the licence.

(3) The Director may, subject to the regulations, make public the terms of an agreement, contract or arrangement submitted under subsection (1), or a written statement submitted under subsection (2), respecting the consideration paid or exchanged. 2025 c27 s16 Issuance of temporary diversion licence 63(1) The Director may issue a licence for the temporary diversion of water to any person subject to any terms and conditions the Director considers appropriate.

(2) A licence for the temporary diversion of water may be issued only for a specified period of time of one year or less.

(3) The Director may extend the expiry date of a licence for the temporary diversion of water, if the total period for which the licence is issued does not exceed one year.

(4) Notwithstanding subsections (2) and (3), the Director may, on application, reissue a licence for a temporary diversion of water if the licence is in good standing.

(5) Sections 18, 29, 30, 33, 50, 51, 52, 54, 55 and 56 and

Part 5 are not applicable to a licence for the temporary diversion of water.

(6) A holder of a licence for the temporary diversion of water may divert water through the use of another person’s works if the holder of the licence for the temporary diversion of water provides the written consent of the owner of the works to the Director. RSA 2000 cW-3 s63;2025 c27 s17 Amendment, suspension, cancellation 64 The Director may, on the Director’s own initiative, amend, suspend or cancel a licence for the temporary diversion of water. 1996 cW-3.5 s64 Licence to be onsite 65 A licensee for the temporary diversion of water must ensure that a copy of the licence is (

a) kept at the point of diversion, (

b) posted or otherwise made available as required by the Director,

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Chapter W-3 WATER ACT 63 (

c) produced in accord ance with

Part 10, and (

d) if the water is transported by a vehicle, kept in the vehicle while the water is transported. 1996 cW-3.5 s65 Division 3 Preliminary Certificates Issuance of preliminary certificates 66(1) If a person has applied for a licence, other than a licence for the temporary diversion of water, the Director may issue a preliminary certificate under

section 51 to that person for the period of time stated in the preliminary certificate.

(2) The Director may issue a preliminary certificate under

section 51 subject to any terms and conditions and for any specified period of time.

(3) In considering whether to issue a preliminary certificate, the Director (

a) must consider, with respect to the applicable area of the Province, the matters and factors that must be considered in issuing a licence, as specified in an applicable approved water management plan, (

b) may consider any existing, potential or cumulative (

i) effects on the aquatic environment, (ii) hydraulic, hydrological and hydrogeological effects, and (iii) effects on household user s, licensees and traditional agriculture users, that result or may result from the potential diversion of water, operation of a works or provision or maintenance of a rate of flow of water or water level requirements, and (

c) may consider (

i) effects on public safety, (ii) with respect to irrigation, the suitability of the land f or irrigated agriculture, and

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Chapter W-3 WATER ACT 64 (iii) any other matters app licable to the preliminary certificate or licence that, in the opinion of the Director, are relevant, including any water guideline, water conservation objective and water management plan.

(4) In a preliminary certificate the Director (

a) must specify the conditions that must be complied with before a licence will be issued, including but not limited to a requirement for securing any necessary rights of way, (

b) must specify (

i) a volume of water and rel ated terms and conditions that are to be included in a licence, and (ii) the priority number to be assigned to the licence, when the preliminary certif icate holder fulfils all the conditions specified in the preliminary certificate, (

c) must specify the date for s ubmission of a certificate of completion by the preliminary certificate holder, (

d) may specify any other terms and conditions to be included in the licence that the Director considers appropriate, including but not limited to the rate and timing of the diversion of water, when the preliminary certificate holder fulfils all the conditions specified in the preliminary certificate, and (

e) may specify that any furthe r terms and conditions may be added to a licence that is issued subsequent to the preliminary certificate. 1996 cW-3.5 s66 Refusal for unpaid debts 66.1 The Director may refuse to issue a preliminary certificate where the applicant for the preliminary certificate is indebted to the Government. 2002 c4 s5 Certificate of completion 67 On completion of the conditions specified in a preliminary certificate, the preliminary certificate holder may submit, in a form and manner satisfactory to the Director, a certificate of completion containing the information required by the Director, confirming that the conditions referred to in

section 66(4)(

a) have been fulfilled. 1996 cW-3.5 s67

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Chapter W-3 WATER ACT 65 Licence issues 68(1) If the holder of a preliminary certificate submits a certificate of completion that meets the requirements of

section 67, the Director must (

a) issue a licence un der

section 51, or (

b) if, in the Director’s opinion, the conditions set out in t he preliminary certificate have not been fulfilled, refuse to issue a licence.

(2) If the Director issues a licence referred to in subsection (1), the Director must include in the licence (

a) the volume of water and r elated terms and conditions specified in the preliminary certificate, and (

b) the number specified in the preliminary certificate.

(3) Notwithstanding subsection (2), (

a) if a certificate of c ompletion indicates that (

i) a smaller volume of water will be diverted than the volume specified in the preliminary certificate, or (ii) there is a change in the ra te or timing of the diversion of water from that specified in the preliminary certificate, the Director may issue the li cence for the same or a smaller volume of water and with a change in the rate or timing of the diversion of water that corresponds to the changes specified in the certificate of completion, and (

b) if, in the Dir ector’s opinion, the capacity of the works constructed is insufficient to divert the volume of water specified in the preliminary certificate and any applicable approval, the Director may issue the licence for the same or a smaller volume of water and with a change in the rate or timing of the diversion of water that corresponds to the capacity of the works.

(4) If a licence has been issued subsequent to a preliminary certificate, the licensee has only those rights provided in the licence and has no rights with respect to the preliminary certificate.

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(5) If the holder of a preliminary certificate fails to submit a certificate of completion by the preliminary certificate’s expiry date, the preliminary certificate and the application for the licence become void on the date that the preliminary certificate expires. 1996 cW-3.5 s68 Preliminary certificate extension 69(1) The Director may extend the expiry date of a preliminary certificate for one or more periods if the total extended time is not longer than 2 years.

(2) Notwithstanding subsection (1), the Minister may extend the expiry date of a preliminary certificate for one or more periods of any length of time if the Minister considers that it is in the public interest to do so. 1996 cW-3.5 s69 Preliminary certificate amendment 70(1) If an amendment of a preliminary certificate does not result in an increase in the volume of water specified in the preliminary certificate, the Director may, subject to the regulations, amend the preliminary certificate (

a) on the Director’s own initiative, without the consent of t he preliminary certificate holder, (

i) to correct a clerical error in a preliminary certificate, (ii) to amend a term or conditio n that relates to a monitoring, reporting or inspection requirement, (iii) if the Director has receive d notice of a disposition of land or an undertaking to which a preliminary certificate is appurtenant to reflect the disposition, or (iv) if there is a term or condition of the preliminary certificate allowing the amendment, a n d (

b) on application by the p reliminary certificate holder, including but not limited to an amendment (

i) to increase or decrease the rate of diversion of water specified in the preliminary certificate, (ii) to add a rate of diversion of water if none is specified in the preliminary certificate,

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Chapter W-3 WATER ACT 67 (iii) to add terms and conditions to the preliminary certificate, (iv) to add or change the timing of diversion of water specified in the preliminary certificate, and (

v) to change the point of use of the diverted water if, in the Director’s opinion , there is not and will not be an adverse effect on the rights of any household user, licensee or traditional agriculture user and the proposed change will not adversely affect the ability to conserve or manage a water body.

(2) An application under subsection (1)(

b) must be made in a form and manner satisfactory to the Director.

(3) Notice of an application to amend a preliminary certificate must be provided in accordance with

Part 8.

(4) Notwithstanding this section, the addition of or modifications to plans and specifications relating to a preliminary certificate that, in the opinion of the Director, do not substantially change the terms and conditions of the preliminary certificate or the nature of the undertaking to which the preliminary certificate is appurtenant are deemed not to be an amendment for the purposes of this Part and Parts 8 and 9. RSA 2000 cW-3 s70;2025 c27 s18 Preliminary certificate cancellation 71(1) The Director may cancel a preliminary certificate (

a) on the request of the pr eliminary certificate holder, (

b) if a preliminary certificate has been issued in error, (

c) if the preliminary certifi cate holder is indebted to the Government, (

d) if, in the opinion of the Director, there is a serious bre ach of any term or condition of the preliminary certificate, (

e) if the preliminary certifi cate holder has ceased to exercise the authority granted under an approval that is applicable to the preliminary certificate, (

f) if the preliminary certifi cate holder made a material misrepresentation in obtaining the preliminary certificate,

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g) if the preliminary certifi cate holder has been convicted of an offence under this Act, other than an offence under

section 142(1)(j), (

o) or (p), (

h) if, in the opinion of the Director, a significant adverse effect on human health or public safety occurred, occurs or may occur that was not reasonably foreseeable at the time the preliminary certificate was issued, or (

i) if, in the Director’s opinion, subject to the regulations, a significant adverse effect on the aquatic environment occurred, occurs or may occur that was not reasonably foreseeable at the time the preliminary certificate was issued, and compensation may be payable under

section 158.

(2) If a preliminary certificate has been cancelled, all rights of the preliminary certificate holder cease, and in addition to the Director’s exercising any powers provided under Parts 7 and 10, the Government may recover any fees or other money owing by the holder of the cancelled preliminary certificate to the Government under this Act. RSA 2000 cW-3 s71;2002 c4 s5 Runs with land 72(1) When issuing a preliminary certificate, the Director must specify in the preliminary certificate the land or the undertaking to which the preliminary certificate is appurtenant.

(2) A preliminary certificate (

a) is appurtenant to the land or undertaking specified in the preliminary certificate, (

b) is inseparable from the land or undertaking specified in t he preliminary certificate, and (

c) runs with the land or undertaking on any disposition of th e land or undertaking unless the Lieutenant Governor in Council orders otherwise. 1996 cW-3.5 s72 Division 4 Registration Application 73(1) If, on January 1, 1999,

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a) a person owns land that adjoins a river, stream, lake, nat ural watercourse or other natural water body or owns land under which groundwater exists, and (

b) the owner or occupant of the land diverts water from the sources described in clause (

a) for the purpose of raising animals or applying pesticides to crops, as part of a farm unit, the person who owns the land may apply to register the amount of water diverted as described in clause (b).

(2) If, on January 1, 1999, a person occupies unpatented Crown land that (

a) adjoins a river, stream, la ke, natural watercourse or other natural water body, or (

b) overlies groundwater, and diverts water for the purpose of raising animals or applying pesticides to crops as part of a farm unit, the Government, or the person who occupies or is the successor to a person who occupied the unpatented Crown land, may apply in accordance with this

section to register the diversion of that amount of water.

(3) Notwithstanding subsections (1) and (2), a registration of a diversion of water under this

section may not exceed 6250 cubic metres of water per year or the maximum amount specified in an applicable approved water management plan, whichever is greater.

(4) An application for a registration of a diversion of water under this

section must (

a) be made in a form and manner satisfactory to the Director, (

b) in the case of an application under subsection (1), be mad e by the person who owns the land in fee simple to which the registration is to be appurtenant, (

c) in the case of an application under subsection (2), be mad e by the Government or the person who occupies or is the successor to a person who occupied the unpatented Crown land, (

d) be made by December 31, 2001 or, in the case of an application under subsection (2), within a later period if specified by order of the Minister under subsection (4.1),

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Chapter W-3 WATER ACT 70 (

e) be for the diversion of water for the purpose of raising animals or applying pesticides