Using provisions within the Water Act to protect the aquatic environment
September 17, 2024
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On September 16, 2024, AWA submitted a statement of concern to Alberta Environment and Protected Areas regarding the Town of Cochrane’s application for a water license transfer. The application would see the permanent license transfer of just over 1 million cubic metres of water annually from the Bow River Irrigation District to the Town.
The Water License from which the water is to be transferred was issued within the Bow River Sub-Basin. The Government of Alberta closed this sub-basin to new Water Licenses in August 2006 when it was recognized that the Bow River — among the other main tributaries to the South Saskatchewan River Basin (SSRB) — was over allocated, with insufficient instream flows in some reaches.
Once a basin or sub-basin is overallocated, that is to say licensed out for more water than it can ecologically withstand, it is very difficult to rebalance the scales. However, under Section 83 of the Water Act, during water license transfers, the Director may withhold up to 10% of the allocation of water being transferred. Any water withheld may be licensed to the provincial Government for protection of the aquatic environment or for implementation of a water conservation objective.
As one of the few legislative tools available to address overallocated basins, AWA requested that this power be exercised during this water license transfer and all future transfers within the SSRB. While the volume to be withheld (101,762 cubic metres) is seemingly a minor fraction of the natural flow, any water withheld for the purposes of maintaining ecological integrity is a step in the right direction and cumulative over time.
AWA’s full statement can be read here: 20240916_lt_awa_soc_DAPP0083918_water_transfer_brid_to_cochrane
