Southern Alberta's semi-arid climate means drought is common and there is a limited amount of water available. Demand for water is high so it must be managed carefully to ensure there is enough for all users, including cities and towns, irrigators and industry, and enough to keep the river environment healthy.

Water Licenses in Alberta

The Ministry of Environment and Protected Areas (EPA) manages water licenses through the Water Act and allocates or refuses water to those that apply.

Anyone who wants access to water in the province must apply for a water license and provide detailed information about how the water will be used. On the application, the applicant must specify which river, lake, or body the water would be withdrawn from; the time of water extraction; the rate water will be extracted; how the water will be used; potential impacts on other water users; if any will be stored; and a plan for dealing with water shortages. If the application is for withdrawing from a stream, applicants also must complete a statistical analysis to determine if the new withdrawal would impact existing stream flow targets set to protect the health of the aquatic ecosystem. Notices of new applications are posted on the Public Notices Viewer, in local papers, and at local EPA offices. People who are directly affected by an application are generally given 7-30 days to provide feedback. 

Determining who is ‘directly affected’ is a point of contention in the system. Currently, the government takes a narrow view that primarily includes only those living or operating a business nearby. From what the OWC has heard from our membership, partners, and the public, there is a strong desire to see a broad, inclusive interpretation that allows people to speak to the cumulative effects on the environment and other users. 

Water Allocation in Alberta

Water allocation is based on principles of priority allocation where those with the highest priority are ensured of water before any others. In dry years, this could mean some license holders with the lowest priority may not be able to use any water because there would only be enough for those with higher priority. However, there are provisions in the Water Act that allow sharing of water among all users and this has worked well during past droughts. Priority allocation aims to cause no harm to other users while protecting those who were first in line to apply for water. Since 1894, over 20,000 water licenses have been issued in the South Saskatchewan River Basin (SSRB)—so those who applied in 1894 have first rights (senior license holders) and those who applied in 2010 have last rights (junior license holders).

Water Management Plan for the SSRB

The South Saskatchewan River Basin Water Management Plan governs how water is managed in the Oldman, Bow, and South Saskatchewan River watersheds. The plan was approved by the government in 2006-07 after extensive consultation and negotiation with stakeholders.

The approval of this plan was a historic moment because it (mostly) ended the availability of new water licenses, as water is highly allocated. However, there are two existing water allocation orders that allow for new water licenses for specific purposes: 1) the Oldman River Basin Water Allocation Order, which existed before the plan and is therefore unaffected by the newer rules, and 2) the Bow, Oldman and South Saskatchewan River Basin Water Allocation Order, which allows for new water allocations for First Nations, storage, protecting aquatic ecosystems, and applications already in the queue when the 2007 order became a legal regulation. 

The plan adopted recommendations made by the Oldman Basin Advisory Council to close the basin to new allocations and establish water conservation objectives that would set minimum river flows (on new licences only).

Implications of the SSRB Water Management Plan

The approval of the SSRB Water Management Plan allowed for a new water transfer system to be developed. This system allows for people who need water for their business, farm, or municipality to purchase an existing license from an existing license holder and apply to Alberta Environment and Protected Areas to have the license transferred. License transfers are reviewed similarly to a new license as outlined above.

Existing license holders can also increase their water supply by increasing their efficiency to accommodate growth, in other words, do more with less water.

The closing of surface water allocations also means there is now a greater interest in groundwater. Currently, data on groundwater quality and quantity is very limited. 

Apportionment Agreement with Saskatchewan

Alberta also has an Apportionment Agreement with Saskatchewan that guarantees at least 50% of the total annual water from the South Saskatchewan Basin will flow into Saskatchewan. Alberta is allowed to divert, consume or store up to 2.1 million acre feet, provided the river flow at the border remains at a minimum of 1500 cubic feet per second.