Bill 51 — Third Session, 23Rd Legislature, 44 Elizabeth Ii the Legislative Assembly of Alberta Bill 51 Water Act (Legislature 23, Session 3)

L23 S3 2115

Alberta — Bills

1995 BILL 51 Third Session, 23rd Legislature, 44 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 51 WATER ACT THE MINISTER OF ENVIRONMENTAL PROTECTION First Reading Second Reading Committee of the Whole Third Reading Royal Assent Title: 1995 (23rd, 3rd) Bill 51, Water Act ($)

BILL 51 1995 WATER ACT (Assented to , 1995) Table of Contents

Interpretation 1 Purpose of Act 2 Water vested in Crown 3 Crown is bound 4

Part 1 Consultation Referral if EPEA applicable 5 Agreements 6 Agreements restricting land uses 7

Part 2 Planning and Environmental Assessment Division 1 Planning Provincial planning framework 8 Strategy 9 Water management plan 10 Water management planning areas 11 Approved water management plans 12 Amend, cancel approved plan 13 Notice of approved plan 14 Water conservation guidelines 15 Water conservation objectives 16 Water management areas 17 Division 2 Environmental Assessment Process Environmental assessment requirements 18 Ministerial orders 19 1

Part 3 Right to Divert and Priority of Rights Division 1 Right to Water Diversion, activity rights continued 20 Household purposes 21 Riparian owner or occupant 22 Diversion must cease 23 Traditional agriculture user 24,25 Diversion by licence or approval 26 Division 2 Priority of Rights Diversion priority of householder 27 Registration priority numbers 28 Licence priority numbers 29 Priorities 30 Registry 31 Works limit the licence 32 Division 3 Administering Priority of Rights Determining priorities 33 Agreements to assign water 34 Regulations 35

Part 4 Approvals, Licences, Preliminary Certificates, Registrations Division 1 Approvals Activity needs approval 36 Application 37 Issuance of approvals 38 No approval on Minister’s order 39 Approval required onsite 40 Certificate of completion 41 Extensions 42 Amendment of approvals 43 Suspension and cancellation 44 Security 45 Approvals run with land 46 Regulations 47 2

Division 2 Licences No licences to export water outside Canada 48 No transfer between basins 49 Public review 50 Most diversions need licences 51 Application 52 Issuance of licences, preliminary certificates 53 Using works of another 54 Licence applications not accepted 55 No licence on Minister’s order 56 Licence amendments 57 Licence suspension, cancellation 58 Amalgamation of licences 59 Security 60 Licences run with land 61 Licence renewal application 62 Renewal issues 63 Public review of renewal 64 Temporary Diversion Licence Application 65 Issuance of temporary diversion licence 66 Amendments, cancellations, suspensions 67 Licence to be onsite 68 Crown reservation 69 Division 3 Preliminary Certificates Issuance of preliminary certificates 70 No preliminary certificate on Minister’s order 71 Licence issues 72 Preliminary certificate extension 73 Preliminary certificate amendment 74 Preliminary certificate cancellation 75 Preliminary certificates run with land 76 Division 4 Registration Application 77 Registration effected 78 No registration on Minister’s order 79 Registration amendments 80 Registration suspension, cancellation 81 Registration runs with land 82 Conversion to licence 83 3

Part 5 Transfers, Changes in Ownership, Diversions Division 1 Change in Ownership, Termination of Authorizations When Diversions Run Naturally Land, undertaking dispositions 84 Water declared naturally occurring 85 Division 2 Transferring Water Allocations Water allocation transfer application 86 Transfer approved 87 No transfer on Minister’s order 88 Water conservation holdback 89 Regulations 90

Part 6 Water Management Works, Undertakings and Flood Risk Areas Construction and operation by Minister 91 Directing construction, etc. 92 Contract re works or undertaking 93 Tenders 94 Withdrawal of tender 95 Acquisitions and takeovers by Minister 96 Disposal of works or undertaking 97 Repossession by licensee or preliminary certificate 98 Use of land controlled, administered by Minister 99 Flood risk areas 100

Part 7 Remedial Measures Division 1 Resolution of Disputes, Removal of Works Dispute resolution 101 Mediation 102 Removal of works and obstructions 103 Division 2 Water Management Orders Order issues 104 Order by inspector 105 Terms of order 106 Responsibility to carry out orders 107 4

Amendment and cancellation of orders 108 Court order for compliance 109 Director may carry out order 110 Order where person unidentifiable 111 Division 3 Emergencies Emergency measures 112 Recovery of emergency measures 113 Declaring an emergency 114

Part 8 Notice Notice of applications 115 Statement of concern 116 Notice of Director’s decision 117,118

Part 9 Appeals Notice of objection 119 Submission of notice of objection 120 Exemption from compensation 121

Part 10 Enforcement Division 1 Inspection Inspector identification 122 Right of entry by inspector and others 123 Inspections 124 Seizure 125 Production of documents 126 Assistance to inspectors, etc. 127 Order to enter 128 Assistance by peace officer 129 Division 2 Investigations Investigator identification card 130 Right of entry by investigator 131 Investigations 132 Assistance by peace officer 133 Tele-warrants 134 Seizure of evidence 135 Duty to stop a vehicle or vessel 136 5

Division 3 Enforcement Orders Issuing an enforcement order 137 Terms of an order 138 Amendment, cancellation of order 139 Court order for compliance 140 Director may carry out order 141 Liability for order being carried out 142 Division 4 Civil Remedies Other civil remedies not affected 143 Injunction re commission of offence 144 Recovery of costs by Government 145 Injunction re loss or damage 146 Division 5 Offences and Penalties Limitation period 147 Offences 148 Penalties 149 Additional fine if monetary benefits acquired 150 Continuing offences 151 Liability of directors and officers 152 Liability of public officials 153 Court orders relating to penalty 154 Variation of court orders 155 Disposal of things seized 156 Administrative penalties 157 Division 6 Civil Liability Liability exemption 158

Part 11 Administrative Matters Delegation 159 Transfer of administration 160 Designation of officials 161 Fund 162 Vicarious responsibility 163 Inspector’s report 164 Documents as evidence 165 Notice of analyst’s certificate 166 Giving notice 167 6

Reports 168 Compensation 169 Expropriation of land, works 170 Licence, registration, purchase, takeover 171 Fees 172 Regulations 173

Part 12 Transitional, Consequential, Repeal and Commencement Transitional regulations 174 Applications 175 Agreements 176 Consequential 177 Repeal 178 Coming into force 179 HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Interpretation1(1) In this Act, (a) “activity” means (

i) the placing of, constructing, operating, maintaining, removing or disturbing of works, ground, vegetation or other material, or the carrying out of 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, bank or shore of a water body, or 7

(

D) causes, may cause or may become capable of causing an effect on the aquatic environment; (ii) the alteration of the flow, direction of flow or level of water or the changing of the location of water for the purposes of drainage, flood control, erosion control, channel realignment or a similar purpose; (iii) the drilling or reclamation of a water well or borehole; (iv) anything defined as an activity in the regulations for the purposes of this Act; (b) “adverse effect” means impairment of or damage to; (c) “allocation” means the volume, rate and timing of a diversion; (d) “amend” includes to add to or to delete from; (e) “approval” means an approval issued or deemed to be issued under this Act; (f) “approved water management plan” means a water management plan that is approved under

Part 2; (g) “aquatic environment” means 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 their habitat, including fish habitat, and their interacting natural systems; (h) “conservation” includes but is not limited to (

i) improved efficiency, recycling, reuse or reduction of wastage or losses, (ii) preservation, and (iii) protection; (i) “Department” means the department of the Government over which the Minister presides; 8

(j) “Director” means an individual designated as a Director for the purposes of this Act by the Minister under

Part 11; (k) “diversion” means (

i) the impoundment, storage, consumption, taking or removal of water for any purpose, except the taking or removal for the sole purpose of drainage, flood control, erosion control or channel realignment; (ii) any other thing defined as a diversion in the regulations for the purposes of this Act; (l) “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; (m) “drill” means to drill, bore or otherwise make, construct, extend, alter or recondition; (n) “environment” means environment as defined in the Environmental Protection and Enhancement Act; (o) “Environmental Appeal Board” means the Environmental Appeal Board established under the Environmental Protection and Enhancement Act; (p) “farm unit” means farm unit as defined in the regulations for the purposes of this Act; (q) “give notice” means to give or serve written notice in accordance with

section 167; (r) “groundwater” means all water under the surface of the ground; (s) “household” means a household as defined in the regulations for the purposes of this Act; (t) “household purposes” means 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; (u) “household user” means a person who diverts water for household purposes, as described in

section 21; (v) “inspector” means an individual who has been designated as an inspector under

Part 11; 9

(w) “investigator” means an individual who has been designated as an investigator under

Part 11; (x) “irrigation district” means an irrigation district as defined in the Irrigation Act; (y) “land” means land as defined in the Land Titles Act; (z) “licence” means a licence issued or deemed to be issued under this Act; (aa) “local authority” means (

i) the corporation of a city, town, village, summer village, municipal district or specialized municipality, (ii) in the case of an improvement district or special area, the Minister of Municipal Affairs or the advisory council, (iii) a settlement under the Metis Settlements Act, (iv) a regional services commission established under the Municipal Government Act, (

v) the board of directors of an irrigation district within the meaning of the Irrigation Act, (vi) the board of trustees of a drainage district within the meaning of the Drainage Districts Act, (vii) the local board of a health unit under the Public Health Act, and (viii) any other entity defined as a local authority in the regulations for the purposes of this Act; (bb) “major river basin” means (

i) the Peace/Slave River Basin, (ii) the Athabasca River Basin, (iii) the North Saskatchewan River Basin, (iv) the South Saskatchewan River Basin, (

v) the Milk River Basin, (vi) the Beaver River Basin, and 10

(vii) the Hay River Basin, with boundaries as specified in the regulations; (cc) “Minister” means the Minister determined under

section 16 of the Government Organization Act as the Minister responsible for this Act; (dd) “operation of a works” means the operation of a works for the diversion of water; (ee) “parcel of land” means the aggregate of one or more areas of land described in a certificate of title or described in a certificate of title by reference to a plan filed or registered in a land titles office and includes an area of unpatented land, considered appropriate by the Director; (ff) “peace officer” means a peace officer as defined in the Police Act; (gg) “person responsible” means a person responsible within the meaning of the regulations; (hh) “pesticide” means pesticide as defined in the Environmental Protection and Enhancement Act; (ii) “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; (jj) “preliminary certificate” means a preliminary certificate issued under

Part 4; (kk) “priority number” means a number that has been assigned to a licence, an application for a licence, preliminary certificate or a registration, pursuant to this Act; (ll) “proponent” means a person, the Government, a Government agency, a government of another jurisdiction or an agency of another government that undertakes (

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

i) a planned activity that has not been commenced. 11

(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 for which an amendment of an approval under

section 43 is required and that, in the opinion of the Director, is of a substantial nature; (nn) “proposed diversion” 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 diversion of water where the change is one to which

section 57 applies and in the opinion of the Director is of a substantial nature; (oo) “proposed operation of works for the diversion of water” means (

i) a planned operation of a works for the diversion of water that has not been commenced, (ii) an operation of a works for the 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 an operation of a works for the diversion of water if the change is one to which

section 57 applies and in the opinion of the Director is of a substantial nature; (pp) “recondition” means to flush, clean, recase, reline, rescreen or redevelop an existing water well by a drilling machine to improve the water production or quality of water produced by the water well; (qq) “registrant” means a person who holds a registration; (rr) “registration” means a registration effected under this Act; (ss) “senior licence” means a senior licence as described in

section 30; (tt) “statement of concern” means a statement of concern made under

Part 8; 12

(uu) “traditional agriculture user” means a person who is entitled to divert water pursuant to

section 24; (vv) “undertaking” means a project 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 or operation of a works, and (ii) any thing that is defined as an undertaking in the regulations for the purposes of this Act; (ww) “vehicle” means a device in, on or by which a person or thing may be transported or drawn; (xx) “water” means all water on or under the surface of the ground, whether in liquid or solid state; (yy) “water body” means any location 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; (zz) “water conservation guideline” means a water conservation guideline established by the Director under

Part 2; (aaa) “water conservation objective” means the amount and quality of water determined by the Director based on information available to the Director, to be necessary for the (

i) protection of a water body or its aquatic environment, or any part of them, (ii) protection of tourism, recreational, transportation and waste assimilation uses of water, or (iii) management of fish or wildlife and may include water necessary for the rate of flow of water or water level requirements; (bbb) “water management plan” means a plan with respect to conservation and management of water; (ccc) “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 about groundwater, or 13

(iii) recharging an underground formation from which groundwater can be recovered, and includes any related equipment, buildings, structures and appurtenances, but does not include a dugout; (ddd) “water power development” means the works required for the storage or diversion of water for the production of power and includes but is not limited to (

i) dams, diversion works, power-houses, conduits or canals conducting water, mechanical, hydraulic or electrical equipment and appurtenances, the land and rights of way required in connection with them, and (ii) the clearings, roads and trails that are required to be constructed or are still used or useful in connection with the physical structures; (eee) “works” mean any man-made plant, structure, device or contrivance, or part of it, including a man-made dam and (

i) land associated with it, and (ii) mitigative measures associated with it, and includes any thing 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. Purpose of Act2 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 conserve water resources to sustain our environment and to ensure a healthy environment, economy and high quality of life in the present and the future; (

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

c) 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; 14

(

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

e) the important role of comprehensive and responsive action in administering this Act. Water vested in Crown 3 The property in and the right to the diversion, drainage and use of all water in the Province is vested in Her Majesty in right of Alberta except as provided for in the regulations. Crown is bound 4 The Crown is bound by this Act.

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

a) shall refer the activity, diversion or operation of a works for review, and (

b) may make any recommendations 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 is or may be issued, (

b) a licence or preliminary certificate is or may be issued with respect to the diversion or the operation of a works, or (

c) a term or condition of a licence or a preliminary certificate applies to the diversion or the operation of a works. Agreements6 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 (

a) a person, 15

(

b) a Government agency, or (

c) the government or a government agency of another jurisdiction, with respect to (

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

e) water power development, (

f) the use, operation, maintenance, repair, control, replacement or removal of works, (

g) flood control and management, (

h) trans-boundary water bodies, and (

i) any other matter related to the administration of this Act. Agreements restricting land uses 7(1) In order to promote the conservation and management of water, the Minister may, on the request of the land owner registered under the Land Titles Act or the Metis Settlements Act, enter into an agreement with the registered land owner to restrict the purposes for which the registered owner’s land may be used by the registered owner and the successors in title of the registered owner.

(2) An agreement under this

section may provide for payment of compensation by the Government or by the registered owner of the land.

(3) An agreement under this

section may be registered under the Land Titles Act or the Metis Settlements Act.

(4) An agreement that is registered as provided for in subsection (3) runs with the land and the Minister may enforce it whether it is positive or negative in nature, and whether or not the Government has an interest in any land that would be accommodated or benefitted by the agreement.

(5) On the expiration or termination of an agreement that is registered under subsection (3), the Registrar of Land Titles or the Registrar of the Metis Settlements Land Registry shall, on being directed to do so by the Minister, cancel the registration of the agreement.

(6) This

section applies notwithstanding

section 52 of the Land Titles Act. 16

PART 2 PLANNING AND ENVIRONMENTAL ASSESSMENT Division 1 Planning Provincial planning framework 8(1) The Minister shall develop a framework for water management planning for the Province within 3 years after the coming into force of this Act.

(2) The framework for water management planning 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, 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) provisions on matters relating to integration of water management planning with land and other resources, (

f) provisions on matters relating to the development of water conservation objectives, and (

g) a strategy for the protection of the aquatic environment.

(3) The Minister shall, in a form and manner that the Minister considers appropriate, consult with the public during the development of the framework for water management planning. Strategy9(1) The Minister shall develop a strategy for the protection of the aquatic environment as part of the framework for water management planning for the Province.

(2) The strategy referred to in subsection (1) may include (

a) identification of criteria to determine the order in which water bodies or classes of water bodies are to be dealt with, 17

(

b) development of guidelines for establishing water conservation objectives, (

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

d) guidelines and mechanisms for implementing the strategy.

(3) The Minister shall, in a form and manner that the Minister considers appropriate, consult with the public during the development of the strategy.

(4) In this section, “biological diversity” means the variability among living organisms from all sources, including terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are a part, and includes diversity within and between species and ecosystems. Water management plan 10(1) The Minister may cause a water management plan to be developed.

(2) The person developing a water management plan (

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

b) may co-operate with (

i) any persons, (ii) local authorities, (iii) the governments and government agencies of other jurisdictions, and (iv) Government agencies and other Government departments; (

c) may, with the consent of the Minister, carry out any studies that the person considers appropriate; (

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

e) shall follow the framework for water management planning under this Division; 18

(

f) shall engage in public consultation that the person considers appropriate during the development of the water management plan. Water management planning areas 11 The Minister may establish water management planning areas for the purposes of developing or implementing a water management plan or approved water management plan. Approved water management plans 12(1) The Minister may approve a water management plan or part of a water management plan subject to any terms and conditions the Minister considers appropriate.

(2) A water management plan that has been approved under subsection (1) is an approved water management plan.

(3) An approved water management plan consists of (

a) a

summary of the issues considered in a water management plan, (

b) a description of the area of the Province to which all or part of the water management plan applies, and (

c) a

summary of the recommendations of the Minister, including but not limited to the matters or factors that must be considered in issuing an approval, preliminary certificate or licence or in effecting a registration in the area of the Province to which the plan applies, or in considering a transfer of an allocation of water under a licence.

(4) The Regulations Act does not apply to an approval under subsection (1) or an amendment or cancellation under

section 13. Amend, cancel approved plan 13(1) The Minister may amend a term or condition of an approved water management plan or cancel the approval of an approved water management plan.

(2) If the approval of an approved water management plan has been cancelled, that water management plan does not need to be considered by the Director when making a decision under this Act.

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

a) correct a clerical error, or 19

(

b) make minor amendments that, in the opinion of the Director, do not affect the substance of the approved water management plan. Notice of approved plan14 The Director shall 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, and (

c) the cancellation of an approval of an approved water management plan. Water conservation guidelines 15(1) The Minister may establish water conservation guidelines.

(2) The Regulations Act does not apply to water conservation guidelines. Water conservation objectives 16(1) The Director may establish water conservation objectives in accordance with the guidelines referred to in

section 15.

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

(3) Information on a water conservation objective developed by the Director shall be made available to the public in a form and manner satisfactory to the Director. Water management areas 17 The Director may establish water management areas for the purposes of (

a) administering priority of rights to divert water, (

b) establishing groundwater management areas, (

c) temporarily assigning water under

section 34, (

d) directing that the diversion of water for household purposes cease, (

e) directing that applications for licences cease to be accepted, and (

f) any other matter specified in the regulations. 20

Division 2 Environmental Assessment Process Environmental assessment requirements 18(1)

Part 2, Division 1 of the Environmental Protection and Enhancement Act applies to the environmental assessment of a proposed activity, proposed diversion, proposed operation of a works for the diversion of water or proposed transfer of an allocation of water under this Act.

(2) Unless the regulations provide otherwise, the Director may not issue 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 this Division and

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

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

Part 2, Division 1 of the Environmental Protection and Enhancement Act. Ministerial orders 19 If the designated Director under the Environmental Protection and Enhancement Act submits an environmental impact assessment report to the Minister, the Minister may advise a proponent, if an application has not already been made, that the proponent may apply for an approval, licence or transfer of an allocation, or that an application may proceed, under this Act unless the Minister has ordered (

a) that no approval, preliminary certificate or licence may be issued under this Act with respect to the proposed activity, proposed diversion of water or proposed operation of works for the diversion of water, or (

b) that no transfer of an allocation of water under the proponent’s licence may be approved. 21

PART 3 RIGHT TO DIVERT AND PRIORITY OF RIGHTS Division 1 Right to Water Diversion, activity rights continued 20(1) Every authority or licence, other than a temporary authority, permit or interim licence, granted under a predecessor Act that, on the date this Act comes into force, authorizes the diversion of water is deemed to be a licence issued under this Act with a priority number that corresponds to the priority number of the original authority or licence.

(2) A person who holds a deemed licence under subsection (1) may continue to exercise the right to divert water in accordance with that licence’s priority number and shall fulfil any requirements of that licence in accordance with this Act and the terms and conditions of the original authority or licence.

(3) Every temporary authority granted under a predecessor Act that, on the date this Act comes into force, authorizes the diversion of water may, by order of the Minister, be deemed to be a licence or an approval issued under this Act subject to the terms and conditions of the original temporary authority and to this Act.

(4) Every permit granted under a predecessor Act that, on the date this Act comes into force, authorizes an activity (

a) in the case of a permit that is valid for a specified period of time, continues as a permit, and the Water Resources Act 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 10 years after the date this Act comes into force.

(5) An approval deemed to be issued under subsection (4)(

b) is subject to the terms and conditions of the original permit and to this Act.

(6) An interim licence granted under a predecessor Act that, on the date this Act comes into force, authorizes the diversion of water may, by order of the Minister, be deemed to be a licence or an approval issued under this Act. 22

(7) A licence or approval deemed to be issued under subsection (6) is subject to the terms and conditions of the original interim licence and to this Act.

(8) In this section, “predecessor Act” means the Water Resources Act, The Irrigation Act (Canada), R.S.C. 1927 c. 104, The Dominion Lands Act (Canada), S.C. 1908 c. 20 or The Dominion Water Power Act (Canada), R.S.C. 1927 c. 210. Household purposes 21(1) Subject to subsection (4) and to

section 23 and the regulations under this Part, 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 the water that adjoins that land for household purposes, including water that has been reserved under this Act, and (

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

(2) Subject to subsection (4) and to

section 23 and the regulations under this Part, a person who owns or occupies land under which groundwater exists (

a) has the right to commence and continue the diversion of the groundwater that the person is able to capture for household purposes, and (

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

(3) A person who diverts water under subsection (1) or (2) may pump or otherwise convey water to the point of use for household purposes.

(4) The number of households with the right to divert water under this

section with respect to a parcel of land is limited to the number permitted under the applicable approved water management plan. Riparian owner or occupant 22(1) Notwithstanding the common law with respect to the continued flow or diversion of water, a riparian owner or occupant of land, at common law, has the right to divert water only in accordance with

section 21 and may not divert water lor any other purpose without a licence, registration or approval or pursuant to an exemption for the requirement for a licence, registration or approval. 23

(2) A person described in subsection (1) may commence an action with respect to a diversion of water only in respect of (

a) an unauthorized, unlicensed or unregistered diversion of water, or (

b) a licensed or registered diversion of water if the action relates to a question of law or jurisdiction.

(3) Nothing in this

section shall be construed so as to repeal, remove or reduce any rights held by a riparian owner or occupant of land at common law, other than the right to the continued flow or diversion of water. Diversion must cease 23(1) If the Director is of the opinion that there may be a significant adverse effect on the aquatic environment, a licensee or a traditional agriculture user resulting from a diversion of water pursuant to

section 21, the Director may, subject to the regulations under this Part, (

a) issue a water management order, or (

b) declare that new diversions of water pursuant to

section 21 must cease with respect to land specified in the declaration.

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

(3) If the Director has made a declaration under subsection (1), while the declaration is in force (

a) 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 divert water as described in

section 21 to the land or water management area specified in the declaration; (

b) water for household purposes may be diverted to land described in the declaration pursuant to a licence or registration and a person described in

section 21 to whom clause (

a) does not apply.

(4) If, after this Act comes into force, a subdivision of land is approved under the Municipal Government Act, a person residing within that subdivision on a parcel of land that adjoins 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, professional geologist or professional geophysicist, as defined in the 24

Engineering, Geological and Geophysical Professions Act, was submitted to the subdivision authority as part of the application for the subdivision under the Municipal Government Act, and the report, in the opinion of the Director, clearly states that the diversion of water for household purposes under

section 21 of this Act by all of the persons within the subdivision who are entitled to divert water under

section 21 will not interfere with any householder users, traditional agriculture users or licensees who exist when the subdivision is approved, and (

b) the diversion does not contravene the applicable approved water management plan. Traditional agriculture user 24 A person who owns or occupies land (

a) to which a registration is appurtenant, and (

b) that adjoins a river, stream, lake, natural water course or other natural water body, or under which groundwater exists, who raises animals for commercial or non-commercial purposes or applies pesticides to crops, as part of a farm unit, has the right to commence and continue the diversion of water in accordance with the registration. Traditional agriculture user 25(1) A person who is entitled to divert water under

section 24 and under

section 21 is entitled to divert the water under

section 21 as an additional amount of water.

(2) A person who diverts water in accordance with

section 24 may pump or otherwise convey water to the point of use for the purposes described in

section 24 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 referred to in

section 24 has priority to divert water in accordance with the registration. Diversion by licence or approval 26 A person has the right to commence and continue the diversion of water in accordance with the terms and conditions of (

a) a licence in good standing that is issued or deemed to be issued to that person, or (

b) an approval in good standing that is issued or deemed to be issued to that person, 25

in accordance with the priority to divert water under Division 2. Division 2 Priority of Rights Diversion priority of householder 27 A person who diverts water pursuant to

section 21 has priority over any licensee, traditional agriculture user, approval holder or person exempt by regulation from the requirement to hold a licence or approval. Registration priority numbers 28(1) If in the opinion of the Director an applicant for registration has complied with

section 77, the Director must assign a priority number to the registration that corresponds to the later of July 1, 1894 and the first known date of diversion of water, for the purposes of raising animals, or applying pesticides to crops from the sources on the land specified in the registration.

(2) The onus is on the applicant for registration to provide information on the first known date of diversion. Licence priority numbers 29(1) Subject to

section 53, on receiving an application for a licence that, in the opinion of the Director, is complete and complies with the regulations, the Director must assign a priority number in consecutive order that corresponds to the date and time that the Director received the complete application.

(2) A priority number assigned to an application for a licence under subsection (1) must be assigned to a licence that is issued pursuant to that application.

(3) The Director may correct an error with respect to a priority number assigned to a complete application for a licence or a licence. Priorities30(1) A licence, preliminary certificate or registration with a priority number that corresponds to an earlier date and time is senior to a licence, preliminary certificate or registration with a priority number that corresponds to a more recent date and time.

(2) A licensee or traditional agriculture user with a licence or registration that is senior, as determined under subsection (1), is entitled to divert water from a water body under the licence or registration before a licensee or traditional agriculture user with a priority number that corresponds to a more recent date and time is entitled to divert water from that water body. 26

Registry31 Records contained in the registry established by the Minister for water rights are conclusive evidence of the extent and priority number assigned to a licence and registration. Works limit the licence 32(1) When a licensee’s works is not of sufficient capacity to carry the diversion of water to which the licensee is entitled under the terms and conditions of the licence, the licensee’s right to divert water under the licence is limited to the capacity of the works.

(2) In the case of a dispute as to the capacity of a licensee’s works, the Director may order an inspection to be made of the works.

(3) The report and finding of an inspector as to the capacity of the works is, for the purpose of this section, final and conclusive. Division 3 Administering Priority of Rights Determining priorities 33(1) In the event of a dispute with respect to priority of water rights, the Director may determine the priority of water rights within a water management area or any other geographical area considered appropriate by the Director. (2) Subsection (1) does not apply to a dispute with respect to priority of water rights among household users.

(3) An inspector or the Director may issue a water management order with respect to the priority of water rights if the inspector or the Director is of the opinion that (

a) licensees or persons diverting pursuant to registrations are not diverting water in accordance with their priority numbers or rights to divert, and (

b) the issuance of the order will provide a remedy with respect to priority of water rights.

(4) If a person has been issued a water management order with respect to priority of water rights, that person shall not divert water except in accordance with the terms and conditions specified in the water management order until the order is amended or a further order is made by the Director.

(5) If the Director has received a complaint with respect to priority of water rights and an inspector or investigator is of the opinion that a diversion of water is affecting the rights of a household user, 27

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 necessary to ensure that firstly the supply of water to which a household user is entitled can be diverted by the householder user, and secondly if there is any surplus water, that the water is diverted by the licensees and traditional agriculture users in accordance with their priority numbers.

(6) A dispute as to the priority number of a registration is to be resolved within 5 years after the registration is effected. Agreements to share water34(1) A traditional agriculture user or licensee may temporarily assign all or part of the water, for a term set out in an agreement, that the traditional agriculture user or licensee is entitled to divert to another traditional agriculture user or licensee with rights to divert water from the same water body, if (

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

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

c) the rights of any household user or licensee or traditional agriculture user with a priority number that corresponds to an earlier date and time are not adversely affected by the temporary assignment, (

d) there are no adverse effects on the water body, or the aquatic environment, and (

e) a copy of the written agreement is submitted to the Director on the request of the Director.

(2) If an agreement is made under subsection (1), (

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

b) the traditional agriculture user or licensee receiving the diversion of water must do so in accordance with the licence or registration, (

c) the traditional agriculture user or licensee temporarily assigning the water shall not divert more water than the water allocation specified in the registration or licence, and 28

(

d) no priority of rights attaches to the temporarily assigned water.

(3) An agreement made under this

section must comply with the regulations.

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

a) the rights of any household user or a licensee or traditional agriculture user with a priority number that corresponds to an earlier date and time to be adversely affected, or (

b) an adverse effect on the water body or the aquatic environment, the Director may direct the suspension of the operation of the agreement for any period of time the Director considers appropriate or declare the written agreement void.

(5) The Director may declare an agreement void on the request (

a) of the registrant if the agreement was entered into by a traditional agriculture user who is not the registrant, and (

b) of the owner of the land to which the licence is appurtenant if the licensee who entered into the agreement is not the owner of the land.

(6) If the Director has (

a) directed the suspension of an agreement, no water may be assigned during the period the agreement is suspended, or (

b) declared an agreement void, no water may be assigned under the agreement. Regulations 35(1) The Minister may make regulations (

a) exempting water users or classes of water users from the right to divert water under

section 21; (

b) respecting water management orders and declarations under

section 23; (

c) respecting the establishment and administration of the registry for water rights; (

d) respecting agreements for the temporary assignment of water. 29

PART 4 APPROVALS, LICENCES, PRELIMINARY CERTIFICATES, REGISTRATIONS Division 1 Approvals Activity needs approval36(1) Subject to subsection (2), no person shall commence or continue an activity unless the person holds an approval that authorizes the activity and an approval is held by the person who is to own the land or undertaking to which the approval is to be appurtenant.

(2) A person who commences or continues an activity (

a) that has been designated in the regulations as being exempt from the requirement for an approval, or (

b) that is a specific activity in an area of the Province that has been designated by the regulations as an area that is exempt from the requirement for an approval for that specific activity, is not required to obtain an approval under this Act. Application37(1) An application for an approval must (

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

b) contain or be accompanied by any information required by the Director, and (

c) be accompanied by the required fees.

(2) 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 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, the applicant must submit the written consent of the owner of the land in fee simple or of the undertaking, as part of the application for the approval. 30

Issuance of approvals 38(1) The Director may issue or refuse to issue an approval to an applicant to commence or continue an activity for the period of time stated in the approval.

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

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

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

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

a) shall consider, with respect to the applicable area of the Province, the recommendations and matters and factors that must be considered in issuing an approval, as set out in any 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 licensees and traditional agriculture users, resulting 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.

(6) When the Director issues an approval it must be issued for a specified period. No approval on Minister's order 39(1) If the Minister is of the opinion that a proposed activity should not proceed because it is not in the public interest having regard to the purposes of this Act, the Minister may order that no approval be issued in respect of the proposed activity. 31

(2) If the Minister makes an order under subsection (1), the Director shall give notice of the order to the applicant for the approval, if an application for an approval has been submitted. Approval required onsite 40 An approval holder shall keep a copy of the approval at the place where the activity occurs or may occur, as required by the regulations and in the case of a water well shall display tags, decals, plates, devices and documents or other things as required by the regulations.

Certificate of completion 41(1) On completion of the activity specified in the approval, the approval holder shall submit a certificate of completion that certifies that the approval holder has completed the activity in a form and manner satisfactory to the Director and containing the information required by the Director.

(2) On completion of a part of an activity, if required by the Director, the approval holder shall submit a certificate of completion with respect to the part of the activity, in a form and manner satisfactory to the Director, and containing the information required by the Director. Extensions42(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.

(2) An approval that relates to the alteration of the flow, direction of flow or level of water or the changing of the location of water for the purposes of drainage, flood control, erosion control, channel realignment or a similar purpose may contain a term that states that the approval, if in good standing, is renewed 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 Parts 8 and 9. Amendment of approvals43(1) The Director may amend an approval (

a) on application by the approval holder, (

b) with the consent of the approval holder, or (

c) on the Director’s own initiative without the consent of the approval holder (

i) in order to correct a clerical error in the approval, 32

(ii) to amend a term or condition that relates to a monitoring, reporting or inspection requirement, (iii) if the Director has received notice of a disposition of the land to which an approval is appurtenant under

section 46, to reflect the disposition, (iv) if the purpose of the amendment is to address matters related to a temporary discontinuance of the activity by the approval holder, (

v) if the Director extends the expiry date of an approval under

section 42, (vi) if in the opinion of the Director a significant adverse effect on the aquatic environment that was not reasonably foreseeable at the time the approval was issued occurs or may occur, (vii) if in the opinion of the Director, an adverse effect on a licensee, household user or traditional agriculture user occurs, or (viii) if there is a term or condition of the approval allowing the amendment.

(2) An application under subsection (1)(

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

(3) Notwithstanding subsection (1), 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, as specified in the regulations.

(4) 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 Parts 8 and 9. Suspension and cancellation 44(1) The Director may suspend or cancel an approval (

a) on application by the approval holder, (

b) with the consent of the approval holder, or (

c) on the Director’s own initiative without the consent of the approval holder if 33

(

i) the approval was issued in error, (ii) in the opinion of the Director, the activity has been abandoned, (iii) there is an emergency and the Director is of the opinion that the suspension or cancellation is necessary for public safety, (iv) there is a default in any payment of any fees or other money owing to the Government under this Act by the approval holder, (

v) there is non-performance 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, (vii) the approval holder is convicted of an offence under this Act, other than an offence under

section 148(1)(h), (j), (

n) or (o), (viii) the Director is of the opinion that a significant adverse effect on the aquatic environment occurs or may occur that was not reasonably foreseeable at the time the approval was issued, or (ix) the Director is of the opinion that there is an adverse effect on a licensee, household user or traditional agriculture user.

(2) If an approval has been cancelled or suspended, all rights of the approval holder cease, and in addition to the Director’s exercising any powers provided under

Part 7 and

Part 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 cancelled or suspended, the approval holder shall, on the request of the Director, return as soon as possible to the Director the tags, decals, plates, devices, documents or other things that serve as evidence that a drilling machine is being operated under an approval. Security45 If required by the regulations, an applicant for an approval or an approval holder shall provide financial or other security and carry insurance in respect of all aspects of the activity to which the 34

approval relates in an amount and of a type required by the Director. Approvals run with land 46(1) Every approval issued must specify the land or undertaking to which it is appurtenant.

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

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

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

c) run with the land on any disposition of the land, unless the Lieutenant Governor in Council orders otherwise. Regulations47 The Minister may make regulations (

a) respecting the qualifications for drillers; (

b) providing for the issuing of tags, decals, plates, devices, documents or other things to an approval holder to serve as evidence that a drilling machine is being operated under an approval; (

c) providing for the display or production of a tag, decal, plate, device, document or other thing referred to in clause (b); (

d) prohibiting the use of a drilling machine unless a tag, decal, plate, device, document or other thing referred to in clause (

b) has been issued in respect of that drilling machine; (

e) requiring and governing the taking of samples, tests, analyses, surveys and logs and other well data and the submission of them to the Director; (

f) governing official water well names and their registration; (

g) governing the reclamation of water wells and the methods to be used and requirements to be observed in reclamation operations; (

h) defining “problem water well” for the purposes of this Part and the regulations; 35

(

i) respecting remedial action to be taken in respect of problem water wells; (

j) respecting the control of flowing water wells; (

k) respecting the methods of drilling water wells and of determining sources of groundwater; (

l) respecting the precautions and measures to be taken before a water well is commenced and during the drilling and development of a water well; (

m) respecting the casing, anchorage, equipment, materials and installations to be used in the drilling, completion, operation, reconditioning and production of water wells; (

n) respecting the maintenance of inactive water wells; (

o) respecting the ongoing maintenance and operation of active water wells and classes of active water wells; (

p) respecting the drilling and reclamation of boreholes and the persons in charge of drilling. Division 2 Licences No licences to export water outside Canada 48(1) For the purpose of promoting the conservation and management of water, including the wise allocation and use of water, no licence shall be issued for the purpose of transferring water from the Province outside of Canada by any means, unless the licence is specifically authorized by a special Act of the Legislature. (2) Subsection (1) does not apply to processed water, municipal water or treated water.

(3) In this section, “processed water”, “municipal water” and “treated water” mean processed water, municipal water and treated water as defined in the regulations for the purposes of this Act. No transfer between basins 49 No licence shall be issued that authorizes the transfer of water between major river basins in Alberta unless the licence is specifically authorized by a special Act of the Legislature. 36

Public review50 Before a Bill to amend

section 48 or 49 or a special Act described in those sections is introduced into the Legislative Assembly, the Minister must consult with the public with respect to such a Bill.. Most diversions need licences 51(1) No person shall (

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

b) operate a works for the diversion of water, unless the person either holds a licence that authorizes the diversion or operation of the works or pursuant to subsection (2) is not required to hold a licence.

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

a) for household purposes in accordance with

section 21, (

b) in accordance with

section 24, (

c) pursuant to an approval, (

d) that has been designated in the regulations as exempt from the requirement for a licence, or (

e) for a specific diversion or class of diversion of water for a specific purpose, in an area of the Province that has been designated in the regulations as an area where a licence is not required for such a diversion of water for that specific purpose, is not required to hold a licence for the diversion of that water or operation of the works. Application52(1) An application for a licence must be made to the Director and must (

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

b) contain or be accompanied by any information required by the Director, and (

c) be accompanied by the required fees. 37

(2) 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 shall submit the written consent of the land owner or the owner of the undertaking as part of the application for the licence. Issuance of licences, preliminary certificates 53(1) On application for a licence by a person in accordance with this Act, the Director may, subject to sections 48, 49 and 56, 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 the diversion of water, for any purpose specified in the regulations for the period of time stated in the licence.

(2) On application by the Government in accordance with this Act, the Director may, if there is no adverse effect on licensees, household users and traditional agriculture users, issue or refuse to issue a licence to the Government for (

a) the diversion of water, (

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

c) providing or maintaining a rate of flow of water or water level requirements that relates to the implementation of a water conservation objective.

(3) If the Director issues a licence under subsection (2) (

a) with respect to a water conservation objective described in

section 1(1)(aaa)(ii), a priority number must be assigned to it in accordance with the date and time the Director receives the complete application, 38

(

b) with respect to a water conservation objective described in

section 1(1)(aaa)(

i) or (iii) (

i) within 5 years after the date this Act comes into force, or (ii) with respect to water reserved under

section 69 within 5 years after the date this Act comes into force, a priority number must be assigned to it that corresponds to the date and time this Act comes into force, or (

c) with respect to a water conservation objective described in

section 1(1)(aaa)(

i) or (iii), but not within the dates described in clause (b), the priority number must be assigned in accordance with the date and time the Director receives the complete application.

(4) The Director may issue a licence under this

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

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

a) shall consider, with respect to the applicable area of the Province, the recommendations, matters and factors that must be considered in issuing a licence, as set out in any 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 licensees, household users and traditional agriculture users, resulting from the diversion, 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 for irrigated agriculture, and 39

(iii) any other matters applicable to the licence that in the opinion of the Director are relevant, including any water conservation objective and water management plan.

(6) When the Director issues a licence it must be issued for a specified period of time determined in accordance with any applicable regulations.

(7) 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 up to a maximum of 7500 cubic metres of water per year for household purposes or as a traditional agriculture user, whether or not that licensee or person owns or occupies land that adjoins a river, stream, lake, natural watercourse or other natural water body.

(8) If a licensee or a person acquiring water from a licensee is entitled to divert water under

section 21, that licensee or person is entitled to the water described under subsection (7), in addition to the entitlement under

section 21.

(9) A licensee or any person who acts under a licence that authorizes the diversion of water with respect to water power development must comply with the terms and conditions of the licence and the regulations respecting water power development. Using works of another54(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 for the diversion, whether the works are constructed, under construction or to be constructed, if (

a) the operation of the works of the other person is licensed, (

b) the granting of that licence will not interfere with the licensed diversion made or to be made by the owner of the works, unless the owner of the works has agreed otherwise in a term of the agreement referred to in clause (c), (

c) the applicant for the licence 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 compensating the owner for the use and maintenance of the works, and 40

(iii) sharing the cost of altering, enlarging or jointly constructing the works, where applicable, and (

d) the agreement has been submitted to the Director.

(2) In granting the licence under subsection (1), the Director may grant an approval to the applicant for the licence or the owner of the works to alter or enlarge any of the works described in 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 grant the licence under subsection (1) and prescribe how any necessary alteration or enlargement of the works is to be done, and the apportionment of the costs, if, in the opinion of the Minister, (

a) there has been an unreasonable 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 shall determine the amount to be paid for the loss or damage, and that determination is final. Licence applications not accepted 55(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 or from a water body, the Director may decide that applications for licences shall not 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 that no further allocation of water should be made under subsection (1), the Director (

a) shall consider, with respect to the applicable area of the Province, the recommendations, matters and factors that must be considered in issuing a licence, as set out in any applicable approved water management plan, 41

(

b) may consider any existing, potential or cumulative (

i) effects on the aquatic environment, (ii) hydraulic, hydrological and hydrogeological effects, and (iii) effects on licensees, household users and traditional agriculture users, resulting from the diversion, 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 conservation objective and water management plan.

(4) If notice of a decision that no further allocation of water should be made has been provided under

section 117(4), the Director shall refuse to accept an application for a licence.

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

section 117(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 allocation of water should be made and the Director is of the opinion that water may now be allocated even though the period of time referred to in subsection (1) has not expired, the Director shall provide notice in accordance with the regulations that applications for licences will be accepted. No licence on Minister’s order 56(1) If the Minister is of the opinion that a proposed (

a) diversion of water, or (

b) operation of a works, should not proceed because it is not in the public interest having regard to the purposes of this Act, the Minister may order that no licence be issued in respect of the proposed diversion or operation.

(2) If the Minister makes an order under subsection (1), the Director shall give notice of the order to the applicant for the licence affected by the order. 42

Licence amendments 57(1) If an amendment of a licence does not result in an increase in the volume of the diversion of water, the Director may, subject to the regulations and subsection (3), make an amendment to a licence (

a) on application by the licensee, or at the request of the Director with the consent of the licensee, including but not limited to an amendment (

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

v) to change the point of use of the diverted water, if the Director is of the opinion that there is or will be no adverse effect on the rights of any other licensee, household user or traditional agriculture user and the proposed change would result in the improved conservation or management of a water body; (

b) on the Director’s own initiative, without the consent of the licensee, (

i) in order to correct a clerical error in a licence, (ii) to give effect to a transfer of an allocation under a licence, (iii) to add a term or condition that relates to a monitoring, reporting or inspection requirement, (iv) if the Director has received notice of a disposition of land or disposition of an undertaking to which a licence is appurtenant, (

v) if in the Director’s opinion an adverse effect on the aquatic environment occurs or may occur that was not reasonably foreseeable at the time the licence was issued, (vi) to amalgamate licences under

section 59, 43

(vii) in order to limit the quantity of water to that which a works is capable of carrying, and (viii) if there is a term or condition of the licence allowing the amendment.

(2) An application for an amendment to a licence under subsection (1) must be made to the Director and must (

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

b) contain or be accompanied by any information required by the Director, and (

c) be accompanied by the required fees.

(3) 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, as 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.

(4) Notwithstanding this section, the addition of or modifications to plans and specifications relating to a licence by a licensee 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 do not constitute an amendment for the purposes of Parts 8 and 9. Licence suspension, cancellation 58(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 it is necessary for safety purposes; (

d) if there is a default in any payment of any fees or other money owing by the licensee to the Government under this Act; (

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

f) if, in the opinion of the Director and subject to the regulations, 44

(

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 prospect 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; (

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

h) if the licensee has been convicted of an offence under this Act, other than an offence under

section 148(1)(h), (j), (

n) or (o); (

i) if, in the opinion of the Director, a significant adverse effect on the aquatic environment has occurred, is occurring or may occur that was not reasonably foreseeable at the time the licence was issued.

(2) If a licence has been cancelled or suspended, all rights of the licensee cease, and in addition to the Director’s exercising any powers under Parts 7 and 10, the Government may recover any fees owing to the Government by the licensee under this Act. Amalgamation of licences59(1) The Director may, if in the Director’s opinion it is appropriate to do so, amalgamate 2 or more licences if (

a) all of the licences to be amalgamated are held by the same licensee, (

b) the licensee has requested the amalgamation, (

c) in the Director’s opinion the amalgamation will improve the administration of the licences under this Act, and (

d) there is no adverse effect on other licensees, household users or traditional agriculture users.

(2) The Director shall assign to the licence resulting from the amalgamation of all the licences the priority number of the licence that was amalgamated that had the priority number that corresponded to the most recent date and time.

(3) The licence resulting from the amalgamation may contain any terms and conditions 45

(

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

b) that, in the opinion of the Director, are necessary to give effect to the amalgamation. Security60 If required by the regulations, an applicant for a licence or a licensee shall provide financial or other security and carry insurance in respect of the matters to which the licence relates in an amount and type required by the Director. Licences run with land 61(1) Every licence issued, including licences issued under

Part 5, Division 2, shall specify 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 the licence, (

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

c) run with the land or undertaking on disposition of the land or undertaking, unless the Lieutenant Governor in Council orders otherwise. Licence renewal application 62(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 specified in the licence.

(2) The Director shall give notice to the licensee prior to the expiration of the licence that the licence expires on the expiry date of the licence.

(3) If the Director does not receive an application for renewal after providing notice under subsection (2), (

a) the licence expires on the expiry date of the licence, or (

b) if the Director is of the opinion that the failure to apply 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 so that the applicant has the opportunity to apply to renew the licence. 46

(4) 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).

(5) If the Director fails to give notice under subsection (2), the licence is automatically renewed on the same terms and conditions for a term of one year. Renewal issues 63(1) If an application for renewal is received by the Director prior to the expiration of the licence, the term of the licence is extended by 6 months or for a longer time specified by the Director, and the Director shall (

a) renew the licence, or (

b) refuse to renew the licence in accordance with subsection (2), by the new expiry date of the licence.

(2) The Director may make a decision not to renew a licence only if (

a) the Director is of the opinion that it is not in the public interest to renew the licence, (

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

c) the water conservation objective of a 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 damage to the aquatic environment, (

e) 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 prospect 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, or 47

(

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

(3) If the Director makes a decision not to renew a licence, the Director shall provide written reasons for the decision to the applicant for the renewal.

(4) The Director may extend the expiry date of a licence for the purposes of this section. Public review of renewal64(1) The Director may, subject to the regulations, conduct a public review with respect to an application for the renewal of a licence.

(2) A public review must be carried out in the form and manner determined by the Director. Temporary Diversion Licence Application65(1) An application for a licence for the temporary diversion of water must be made to the Director and must (

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

b) contain or be accompanied by any information required by the Director, and (

c) be accompanied by the required fees.

(2) The Director may require an applicant to submit any additional information the Director considers necessary within any time period required by the Director. Issuance of temporary diversion licence 66(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) The Director shall issue a licence for the temporary diversion of water for a specified period of time, not to exceed one year.

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

(4) Notwithstanding subsections (2) and (3), the Director may reissue a licence for a temporary diversion of water, on application. 48

(5) Sections 20, 29, 32, 52, 53, 54, 57, 58 and 59 and

Part 5 are not applicable to a licence for the temporary diversion of water. Amendments, cancellations, suspensions 67 The Director may (

a) on the Director’s own initiative, amend a licence for a temporary diversion of water, and (

b) suspend or cancel a licence for the temporary diversion of water at any time. Licence to be onsite 68 A holder of a licence for the temporary diversion of water shall ensure that a copy of the licence is kept at the place where the diversion of water occurs and if the water is transported by a vehicle shall ensure that a copy of the licence is kept in the vehicle while the water is transported. Crown reservation 69(1) The Minister may by order reserve water that is not currently allocated under a licence or registration or specified in a preliminary certificate in order (

a) to investigate how the water should be used, or (

b) for any purpose.

(2) When making an order under subsection (1), the Minister may include any terms and conditions, prescribe the priority of any allocation to be made of the reserved water, and set out (

a) the purposes for which, (

b) the manner in which, (

c) any person to whom, and (

d) 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 in the water body in accordance with the terms and conditions of an order under subsection (1), (

b) issue a licence for the temporary diversion of the reserved water, unless prohibited by an order under subsection (1). 49

(

c) issue a licence for the diversion of the reserved water if allowed by and in accordance with an order under subsection (1), and (

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

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

(5) The Minister may amend a term or condition of an order made under subsection (1).

(6) If the Minister repeals an order under subsection (1), any of the reserved water that has not been allocated under a licence must be dealt with in accordance with this Act, unless otherwise provided for in an order by the Minister. Division 3 Preliminary Certificates Issuance of preliminary certificates 70(1) If a person has applied for a licence, the Director may issue a preliminary certificate to that person for the period of time stated in the certificate.

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

a) shall consider, with respect to the applicable area of the Province, the recommendations, matters and factors that must be considered in issuing a licence, as set out in any 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 licensees, household users and traditional agriculture users, resulting 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 50

(

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

(3) In a preliminary certificate the Director (

a) shall 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) shall specify a volume of water and related terms and conditions that are to be included in a licence when the preliminary certificate holder fulfils all conditions specified in the preliminary certificate, (

c) shall specify the priority number assigned to the application for the licence, (

d) shall specify the date for submission of a certificate of completion, (

e) may specify any other terms and conditions that the Director considers appropriate including but not limited to the rate and timing of the diversion, and (

f) may specify that any further terms and conditions may be added to a licence that is issued subsequent to the preliminary certificate.

(4) A certificate of completion is a written statement by a preliminary certificate holder confirming that the conditions referred to in subsection (3)(

a) have been complied with. No preliminary certificate on Minister's order 71(1) If the Minister is of the opinion that a proposed (

a) diversion of water, or (

b) operation of a works for the diversion of water, should not proceed because it is not in the public interest having regard to the purposes of this Act, the Minister may order that a preliminary certificate shall not be issued in respect of the proposed diversion or operation. 51

(2) If the Minister makes an order under subsection (1), the Director shall give notice of the order to the applicant for the licence, if an application has been submitted. Licence issues72(1) If the holder of a preliminary certificate submits a certificate of completion in a form and manner satisfactory to the Director, the Director shall (

a) issue a licence, or (

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

(2) If the Director issues a licence under subsection (1), the Director shall include in the licence (

a) the volume of water and related terms and conditions contained in the preliminary certificate, (

b) the rate and timing of the diversion, and (

c) the priority number as assigned to the application for the licence.

(3) Notwithstanding subsection (2), (

a) if a certificate of completion indicates that a smaller volume of water will be diverted than the volume specified in the application for the licence, or (

b) in the Director’s opinion the capacity of the works constructed is insufficient to divert the volume or rate of water specified in the application for the licence and any applicable approval, the Director may issue the licence for a smaller quantity or with a change in the rate or timing of the diversion.

(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 further rights with respect to the preliminary certificate.

(5) If the holder of a preliminary certificate fails to submit a certificate of completion by the date required by the preliminary certificate, the preliminary certificate and the application for the licence become void on the date that the preliminary certificate expires. 52

Preliminary certificate extension 73(1) The Director may extend the expiry date of a preliminary certificate for one or more periods provided that 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. Preliminary certificate amendment 74(1) If an amendment of a preliminary certificate does not result in an increased volume, the Director may, subject to the regulations, make an amendment to the preliminary certificate (

a) on application by the preliminary certificate holder, or with the consent of the preliminary certificate holder, including but not limited to an amendment (

i) to increase or decrease the rate of diversion of water, (ii) to add a rate of diversion where none is specified in the preliminary certificate, (iii) to add terms and conditions to a preliminary certificate, (iv) to add or change the timing of diversion 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 and will be no adverse effect on the rights of any licensee, household user or traditional agriculture user, the total volume specified in the preliminary certificate will not be increased, and the proposed change will result in the improved conservation or management of a water body, and (

b) on the Director’s own initiative, without the consent of the preliminary certificate holder, (

i) in order to correct a clerical error in a preliminary certificate, (ii) to add a term or condition that relates to a monitoring, reporting or inspection requirement, 53

(iii) to give effect to a disposition of land or an undertaking to which a preliminary certificate is appurtenant, (iv) if in the Director’s opinion an adverse effect on the aquatic environment has occurred, is occurring or may occur that was not reasonably foreseeable at the time the preliminary certificate was issued, or (

v) if there is a term or condition of the preliminary certificate allowing the amendment.

(2) An application under subsection (1)(

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

(3) Notwithstanding subsections (1) and (2), the addition of or modifications to plans and specifications, relating to a preliminary certificate, by a preliminary certificate holder 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 relates, do not constitute an amendment for the purposes of Parts 8 and 9. Preliminary certificate cancellation 75(1) The Director may cancel a preliminary certificate (

a) on the request of the preliminary certificate holder, (

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

c) if there is a default in any payment of any fees or money owing to the Government under this Act by the preliminary certificate holder, (

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

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

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

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

section 148(1)(h), (j), (

n) or (o), or (

h) if in the Director’s opinion an adverse effect on the aquatic environment has occurred, is occurring or may occur that 54

was not reasonably foreseeable at the time the preliminary certificate was issued.

(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 to the Government under this Act by the preliminary certificate holder. Preliminary certificates run with land 76(1) Every preliminary certificate issued must specify the land or the undertaking to which it 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 the preliminary certificate, and (

c) runs with the land or undertaking on any disposition of the land or undertaking. Division 4 Registration Application77(1) If water is diverted and used as described in

section 24 on the date this Act comes into force, an application may be made to register the diversion.

(2) An application for a registration of a diversion of water described in

section 24 must (

a) be made by the person who owns the land in fee simple to which the registration is to be appurtenant, (

b) be made within 3 years after the date this Act comes into force, (

c) be with respect to water used to raise animals for commercial or non-commercial purposes or to apply pesticide to crops as part of a farm unit, (

d) contain information respecting (

i) the date of first use of the water for raising animals or applying pesticide to crops by any person on the land to which the registration is to be appurtenant, 55

(ii) all sources of water used for raising animals or applying pesticides to crops on the specified land, (iii) a legal description of the land to which the registration is to be appurtenant, (iv) estimates of the volumes and rates of water used for purposes described in clause (

c) on the specified land from the specified sources and where on the land the water is used, and (

v) the boundaries and size of the parcel of land, and (

e) meet the requirements of the regulations.

(3) The Director may require an applicant for a registration to submit any additional information the Director considers necessary within any time period required by the Director. Registration effected78(1) On receipt of a complete application for a registration, the Director shall register the diversion of up to a maximum of 6250 cubic metres of water per year, unless the Director has reason to believe that the information provided by the applicant is incorrect, in which case the Director may refuse to register the diversion of water.

(2) A registration must be made in perpetuity.

(3) The Director may effect only one registration for a person unless the Director is satisfied that the person (

a) is raising animals on or applying pesticides to crops on a parcel of land that is distinct from any other parcel of land for which the person is a registrant, and (

b) the raising of animals and applying of pesticides is being done as part of a different farm unit from the farm unit to which the other registration relates. No registration on Minister’s order 79(1) If the Minister is of the opinion that a proposed registration should not proceed because it is not in the public interest having regard to the purposes of this Act, the Minister may order that no registration be made in respect of the proposed diversion of water.

(2) If the Minister makes an order under subsection (1), the Director shall give notice to the applicant for the registration. 56

Registration amendments 80(1) If an amendment does not result in an increase in the volume of the diversion of water, the Director may amend a registration without the consent of the registrant (

a) in order to correct a clerical error in the registration, or (

b) if the Director has received notice of a disposition of an interest in land to which a registration is appurtenant.

(2) The Director may amend a registration (

a) without the consent of the registrant if the Director has received a court order directing the amendment of the registration, or (

b) if in the opinion of the Director all the persons affected by the registration have agreed to the amendment. Registration suspension, cancellation 81(1) Notwithstanding

section 78(2), the Director may suspend or cancel a registration (

a) on the request of the registrant; (

b) if a registration has been issued in error; (

c) if there is an emergency or in the Director’s opinion it is necessary for safety purposes; (

d) if there is a default in any payment of any fees or other money owing by the registrant to the Government under this Act; (

e) if, in the opinion of the Director, the registrant made a material misrepresentation in obtaining the registration; (

f) if the registrant has been convicted of an offence under this Act, other than an offence under

section 148(1)(h), (j), (

n) or (o); (

g) if, in the opinion of the Director, a significant adverse effect on the aquatic environment has occurred, is occurring or may occur.

(2) If a registration has been cancelled or suspended, all rights of the traditional agriculture user with respect to the land to which the registration is appurtenant cease, and in addition to the Director's exercising any powers provided under

Part 7 and

Part 10, the Government may recover any fees owing by the traditional agriculture user under this Act. 57

Registration runs with land 82(1) A registration must specify the land and sources of water to which the registration is appurtenant and the amount of water that may be diverted pursuant to the registration.

(2) A registration (

a) is inseparable from the land specified in the registration, (

b) is appurtenant to the land specified in the registration, and (

c) runs with the land on any disposition of the land unless the Lieutenant Governor in Council orders otherwise. Conversion to licence83(1) A registrant may apply to have the registrant’s registration converted to a licence 5 or more years after the date of registration if, in the opinion of the Director, there are no outstanding disputes with respect to the registration.

(2) An application for a conversion of a registration to a licence must be made under Division 2 in a form and manner satisfactory to the Director.

(3) If a licence is issued with respect to the diversion authorized by the registration, (

a) it must be issued in perpetuity, (

b) it must be assigned the same priority number as the registration, and (

c) the Director shall cancel the registration.

PART 5 TRANSFERS, CHANGES IN OWNERSHIP, DIVERSIONS Division 1 Change in Ownership, Termination of Authorizations When Diversions Run Naturally Land, undertaking dispositions 84(1) If an approval holder, preliminary certificate holder, registrant or licensee disposes of land or an undertaking to which an approval, preliminary certificate, registration or licence is appurtenant, the approval holder, preliminary certificate holder, registrant or licensee shall notify the Director in writing of that disposition in a form and manner satisfactory to the Director. 58

(2) If the owner of land to which an approval, preliminary certificate or licence is appurtenant is not the approval holder, preliminary certificate holder or licensee and the owner of land disposes of the land, the owner and the approval holder, preliminary certificate holder or licensee shall notify the Director in writing of that disposition in a form and manner satisfactory to the Director.

(3) If an owner of land, approval holder, preliminary certificate holder, registrant or licensee who disposes of land or an undertaking to which the approval, preliminary certificate, licence or registration is appurtenant fails to provide notice to the Director in accordance with this section, the owner of the land, approval holder, preliminary certificate holder, registrant, licensee and the purchaser of the land or undertaking to which the approval, preliminary certificate, registration or licence is appurtenant (

a) are jointly and severally liable for carrying out the duties and responsibilities specified in the approval, preliminary certificate, registration or licence, and (

b) are subject to the duties and obligations under this Act related to the approval, preliminary certificate, registration or licence.

(4) In addition to the ability to issue a water management order to a person who has purchased land or an undertaking to which an approval, preliminary certificate, registration or licence is appurtenant, if the Director has not received a notification under this section, the Director may issue a water management order to the land owner, approval holder, preliminary certificate holder, registrant or the licensee, who has conveyed or disposed of the land or undertaking. Water declared naturally occurring 85(1) The Director may declare that a drainage ditch, channel realignment or oxbow cutoff that has been created (

a) pursuant to an approval or licence issued under this Act, (

b) pursuant to an authority, permit, interim licence or licence issued under the Water Resources Act or a predecessor Act, as defined in

section 20, before the coming into force of this Act, or (

c) without an authority, permit, licence or approval under

an Act is a naturally occurring water body for the purposes of this Act.

(2) If a declaration is made under subsection (1). 59

(

a) the approval, interim licence, licence, permit or other authorization that authorized the activity or diversion of water that created the drainage ditch, channel realignment or oxbow cutoff expires on the date the declaration comes into effect, (

b) the drainage ditch, channel realignment or oxbow cutoff shall be treated as a naturally occurring water body for the purposes of this Act, and (

c) the approval holder, interim licensee, licensee, permit holder or authorization holder and the owner of the land to which the approval, licence, permit or authorization was appurtenant is relieved of all further responsibilities with respect to the drainage ditch, channel realignment or oxbow cutoff. Division 2 Transferring Water Allocations Water allocation transfer application 86(1) An application for a transfer of an allocation of water under a licence may be made only if, in the opinion of the Director, (

a) the ability to transfer an allocation in the area of the Province referred to in the application has been authorized (

i) in an applicable approved water management plan, or (ii) if there is no applicable approved water management plan, by an order of the Lieutenant Governor in Council, (

b) the proposed transfer of an allocation is not from a licence that was issued as a result of a previous transfer if the transferred allocation is to revert back to the original licence, and (

c) the allocation of water to be transferred is held under a licence in good standing.

(2) An application for a transfer of an allocation of water under a licence must be made to the Director and (

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

b) must contain or be accompanied by any information required by the Director, 60

(

c) must be accompanied by the required fees, and (

d) may be made with respect to all or part of an allocation under a licence.

(3) The Director may require an applicant to submit any additional information that the Director considers necessary within any time period required by the Director.

(4) If an application under this

section is made by a person other than the licensee, the written consent of the licensee must be provided to the Director with the application.

(5) If an applicant for a transfer of an allocation does not own the land in fee simple to which the new licence is to be appurtenant, the written consent of the land owner to which the new licence is to be appurtenant must be provided to the Director with the application for the transfer.

(6) If the licensee does not own the land to which the licence is appurtenant, the written consent of the land owner must be provided to the Director with the application for the transfer. Transfer approved87(1) Subject to subsection (2), on application by a person in accordance with this Part, the Director may (

a) approve the transfer of an allocation of water under a licence and issue a new licence for the transferred allocation of water subject to any terms and conditions that the Director considers appropriate, including specifying in the licence the land or undertaking to which the licence is appurtenant, or (

b) refuse to approve the transfer of an allocation of water.

(2) The Director shall conduct a public review of a proposed transfer of an allocation of water, in a form and manner that the Director considers appropriate, and may approve a transfer only if (

a) the volume of water to be transferred does not exceed the allocation under the licence from which the transfer is to be made, (

b) the transfer, in the opinion of the Director, does not impair the exercise of rights of any other licensee or household user or traditional agriculture user, and (

c) the transfer, in the opinion of the Director, will not cause a significant adverse effect on the aquatic environment. 61

(3) In making a decision under subsection (1), the Director (

a) shall consider, with respect to the applicable area of the Province, the recommendations, matters and factors that must be considered in approving a transfer of an allocation of water under a licence, as set out in the applicable approved water management plan, (

b) may consider any existing, potential or cumulative (

i) effects on the aquatic environment and any applicable water conservation objective, (ii) hydraulic, hydrological and hydrogeological effects, and (iii) effects on any other licensees, household users and traditional agriculture users, resulting from the transfer of the allocation of water, and (

c) may consider (

i) effects on public safety, (ii) with respect to irrigation, the suitability of the land to which the allocation is to be transferred for irrigated agriculture, (iii) the allocation of water that the licensee has historically diverted under the licence, and (iv) any other matters applicable to the transfer of the allocation that the Director considers relevant.

(4) When the Director issues a new licence under subsection (1)(a), (

a) if only part of an allocation of water under a licence is transferred the Director may amend any terms and conditions of the licence from which the transfer of the allocation of water is to be made (

i) with respect to the rate of flow and volume of water diverted, and (ii) to give effect to the transfer, and may make amendments, other than those described in subclauses (

i) and (ii), if they are within the Director's powers to amend under

section 57; 62

(

b) if all of the water allocated under that licence has been transferred, the Director shall cancel the licence from which the transfer is to be made.

(5) If a transfer of an allocation of water is approved under this Division, (

a) an amended licence that results from the transfer retains the priority number assigned to it before the transfer, and (

b) the new licence that is issued in respect of the transferred allocation (

i) must be given the same priority number as the licence from which the allocation was transferred, and (ii) is appurtenant to the land or the undertaking specified in the new licence.

(6) Notwithstanding subsection (1), allocations of water with respect to the following may not be transferred under this Division: (

a) a licence for a temporary diversion of water; (

b) a licence issued as a result of a previous transfer if the allocation is to revert back to the original licence, for a specified period of time; (

c) a right to divert water for household purposes; (

d) a right to divert water pursuant to a registration; (

e) a right to divert water pursuant to an approval; (

f) a right to divert water pursuant to a preliminary certificate.

(7) A transfer of an allocation made under this Division may be made (

a) with respect to all or part of the rights to divert water under a licence, and (

b) either permanently or for a specified period of time.

(8) On the expiry of a licence issued to transfer an allocation that is to revert back to the original licence, (

a) the new licence is void, 63

(

b) the allocation of water under the new licence reverts back to the licence from which the transfer was made, and (

c) the Director may, subject to the regulations, take any necessary steps to reverse the transfer, including but not limited to restoring the licence from which the transfer was made to its original form. No transfer on Minister’s order 88(1) If the Minister is of the opinion that a proposed transfer of an allocation of water is not in the public interest having regard to the purposes of this Act, the Minister may order that a transfer of an allocation of water not be approved.

(2) If the Minister makes an order under subsection (1), the Director shall give notice of the order to the applicant for the transfer, if an application has been submitted. Water conservation holdback 89(1) If the Director is of the opinion that it is in the public interest in order to protect the aquatic environment or to implement a water conservation objective, having regard to any applicable approved water management plan or order of the Lieutenant Governor in Council, the Director may, subject to the regulations, withhold up to 10% of an allocation of water under a licence that is being transferred.

(2) If there has been a withholding of an allocation of water under subsection (1), (

a) the water may be retained in the water body without issuing a licence for that water, (

b) the water may be reserved under

section 69, or (

c) the Director may issue a licence to the Government under

section 53(2) for an allocation of that water in accordance with the priority and terms and conditions of the licence from which the water was held back.

(3) If a withholding of an allocation of water under subsection (1) has been made with respect to an allocation of a transfer of water that is to revert back to the original licence, the hold-back does not revert back to the original licence and remains with the Government. Regulations90 The Minister may make regulations 64

(

a) providing for any matters considered necessary to carry out the purposes of transfers of allocations of water under licences; (

b) respecting how transfers of allocations of water under licences revert back to original licences; (

c) exempting any licence or class of licence from all or any of the provisions of this Division or of the regulations under this Division, indefinitely or for a period of time, with or without conditions; (

d) generally, providing for any other matters necessary for the purposes of this Division.

PART 6 WATER MANAGEMENT WORKS, UNDERTAKINGS AND FLOOD RISK AREAS Construction and operation by Minister 91 If the Minister is of the opinion that it is in the public interest to do so, the Minister may (

a) construct, operate, maintain, repair, control, replace and remove a works, and (

b) initiate and carry out an undertaking, for any purpose that the Minister considers appropriate if the Minister obtains an approval or licence. Directing construction, etc. 92 The construction, operation, maintenance, repair, control, replacement or removal of a works or the initiation or carrying out of an undertaking may be (

a) undertaken by or under the direction of the Director, or (

b) undertaken by an agent, employee or person under contract to the Government, a local authority or the Government of Canada if the Director designates the agent, employee or person as a person authorized to carry out the construction, operation, maintenance, repair, control, replacement or removal or to initiate or carry out the undertaking. 65

Contract re works or undertaking 93 If the Minister enters into a contract with any person for the construction, operation, maintenance, repair, control, replacement or removal of a works, or the initiation or carrying out of an undertaking, under this Act except where otherwise provided, the Public Works Act applies to the tenders and the contracts.

Tenders94(1) In addition to complying with the provisions regarding tenders provided for in the Public Works Act the Minister may, when it appears practical or expedient to do so, call for tenders by invitation, public advertisement or public notice for the operation, maintenance, control, replacement and removal of a works or the initiation or carrying out of an undertaking.

(2) The Minister may provide notice of a call for a tender or any extension of time for receiving a tender in accordance with the regulations. Withdrawal of tender 95(1) A tender may be withdrawn at any time up to the time fixed for receiving tenders, but only on a request in writing signed by the tenderer or an agent of the tenderer.

(2) No person may withdraw a tender at or after the time fixed for receiving tenders (

a) until the Government has entered into a contract with some other person for the performance of the work, the initiation or carrying out of the undertaking or the supplying of the materials specified in the notice inviting tenders, or (

b) until 60 days after the time fixed for receiving tenders, whichever first occurs. Acquisitions and takeovers by Minister 96(1) The Minister may, if the Minister is of the opinion that it is in the public interest to do so, acquire (

a) pursuant to

section 170, or (

b) through any gift or bequest to the Government, a works that is under construction or completed or an undertaking that has been initiated or carried out.

(2) The Minister may, if the Minister is of the opinion that it is in the public interest to do so, take over and operate a works that is under construction or completed or carry out an undertaking, if (

a) the works or undertaking has been abandoned, 66

(

b) it is necessary for public safety, (

c) in the opinion of the Director, the works is being or has been operated or the undertaking is being or has been initiated or carried out contrary to the terms and conditions of an approval or licence or this Act, (

d) the licence or preliminary certificate with respect to the works or undertaking has been suspended or cancelled, (

e) the person, approval holder, preliminary certificate holder or licensee responsible for the works or undertaking is bankrupt or insolvent, or (

f) an emergency has been declared under

section 114.

(3) If a works or undertaking has been acquired or taken over under subsection (1) or (2), the Minister has, in addition to all the powers provided under this Act, all the powers, duties and privileges of the approval holder, preliminary certificate holder or licensee applicable to the works, including but not restricted to (

a) operating the works or carrying out the undertaking that has been acquired or taken over, (

b) setting and collecting fees and charges for the use of the works or undertaking by others, and (

c) generally carrying on business with respect to the works or undertaking.

(4) On acquiring or taking over a works or undertaking under subsection (1) or (2), the Minister is entitled to recover and receive (

a) from any person under any contract with the approval holder, preliminary certificate holder or licensee for the supply of water, all money then accrued to the approval holder, preliminary certificate holder or licensee, and (

b) from all water users, all money that they would have been under an obligation to pay in respect of the water supply if the approval holder, preliminary certificate holder or licensee had continued the operation of the works or the initiation or carrying out of the undertaking.

(5) If the Minister has acquired or taken over a works or undertaking under subsection (1) or (2) for irrigation purposes, the Minister has all the powers, privileges and immunities of a board of directors of an irrigation district. 67

(6) The Minister may specify which land is to be served by the works or undertaking acquired or taken over under subsection (1) or (2).

(7) If the Minister has acquired or taken over a works or undertaking under subsection (1) or (2) for the purposes of an emergency or public safety, the Minister (

a) may pay compensation to the approval holder, preliminary certificate holder or licensee for any losses incurred by the approval holder, preliminary certificate holder or licensee as a result of the acquisition or take-over, in the manner and amount the Minister considers appropriate, but (

b) shall not pay any compensation to any other person. Disposal of works or undertaking 97 The Minister may, if the Minister is of the opinion that it is in the public interest to do so, dispose of a works or undertaking acquired or taken over under

section 96 by sale or other means. Repossession by licensee or preliminary certificate 98 If the Minister has acquired or taken over a works or undertaking under

section 96, and has not disposed of the works or undertaking under

section 97, the approval holder, preliminary certificate holder or licensee is entitled to resume the possession and operation of it at any time that the Minister considers appropriate, on (

a) paying to the Minister, if required by the Minister, any costs incurred by the Minister in the operation of the works or the carrying out of the undertaking, and (

b) satisfying the Minister that the approval holder, preliminary certificate holder or licensee is able to operate the works or carry out the undertaking. Use of land controlled, administered by Minister 99(1) For the purposes of water conservation and management, the Director may, subject to the regulations, by order (

a) permit, restrict, prohibit or impose any conditions on (

i) the use for any purpose by a person, including but not limited to use by a person’s animals, of any land or part of any land or water that is related to or used in connection with a works or undertaking in which the Government has an interest, (ii) the use of any reservoir or part of any reservoir, 68

(iii) the use, speed, direction of travel, stopping, leaving or parking of any vehicle or thing on any land or reservoir, (iv) the erection of signs or devices on land, and (

v) any nuisance or noise on land, that is under the administration of the Minister, and (

b) seize, remove or retain any vehicle or thing parked or left in contravention of the regulations, where the vehicle or thing is located on land or a reservoir under the administration or control of the Minister for the purposes of water conservation and management.

(2) The person who seizes, removes or retains a vehicle or thing under subsection (1)(

b) must provide a justice with an affidavit describing the vehicle or thing and the reason for the seizure, removal or retention, and the disposition of the vehicle or thing.

(3) A person may make an application to a justice for an order respecting the disposition of anything seized, removed or retained under subsection (1)(b), and the justice shall (

a) order that the application be stayed and be dealt with pursuant to

section 156, or (

b) if

section 156 is not applicable, make an order that the thing seized, removed or retained (

i) be confiscated to the Crown in right of Alberta, or (ii) be returned to the person who is entitled to it. Flood risk areas 100(1) If the Minister is of the opinion that there is or may be a risk to human life or property as a result of flooding, the Minister may designate, in accordance with the regulations, (

a) any area of land in the Province as a flood risk area, either generally or on an interim basis, and (

b) specify any acceptable uses with respect to the flood risk area.

(2) If the Minister has made a designation under subsection (1)(a), (

a) no further Government works or undertaking shall be located or carried out, 69

(

b) no Government financial assistance will be given to any person who engages in a use other than a use specified under subsection (1)(b), and (

c) money and services and Government disaster assistance programs are restricted with respect to flood damage, in the designated flood risk area after the designation has been made, except as specified in the designation.

(3) The Minister must consult with the local authority that is responsible for a proposed flood risk area before making a designation under subsection (1).

(4) For the purposes of subsection (3), “local authority” does not include a local authority as defined in

section 1(1)(aa)(

v) to (viii).

PART 7 REMEDIAL MEASURES Division 1 Resolution of Disputes, Removal of Works Dispute resolution101 If 2 or more persons are unable to resolve a complaint or dispute with respect to a matter under this Act, any one of the persons involved in the complaint or dispute, other than a dispute with respect to a registration, may make a request to the Director that the matter be reviewed. Mediation102(1) If a review of a complaint or dispute has been conducted, the Director may appoint a mediator to assist in resolving the complaint or dispute if (

a) the Director is of the opinion that there has not been a contravention of this Act with respect to the complaint or dispute, and (

b) the persons involved in the complaint or dispute are in agreement that the matter should be referred to a mediator. (2

Document details

Collection	Alberta — Bills
Citation	L23 S3 2115
Type	bill
Volume / chapter	L23 S3 2115
Language	en
Format	json
Source	PROVINCIAL
Identifier	dd86d310dcc848394d4424e2d56ba8b2d50b3cbe

Source file is stored in the law ingest library (json).