WEBINAR: Water Law in Focus (Basics of Alberta’s Water Act)

Part Two of the Water Law in Focus Webinar Series

Understanding how Alberta’s water is managed, allocated, and protected is fundamental to navigating both environmental and development issues in the province. Our second webinar in the Water Law in Focus series, Water Law Basics, offers an accessible yet comprehensive look at the key provisions of Alberta’s Water Act. This legislation governs the use and flow of all water in the province.

The session introduces the legal and administrative foundations of Alberta’s water management system, exploring how authorizations work, what rights landowners hold, and how the law responds to both human use and ecological needs.

What the Webinar Covers

The discussion focuses on the major authorization types under the Water Act:

• Licences — long-term rights to divert and use water for industrial, municipal, or irrigation purposes.
• Registrations — simplified authorizations for smaller-scale uses like stock watering.
• Approvals — required for projects or works that alter the bed, shore, or flow of a water body.

Participants also gain insight into:

• Riparian and groundwater rights, and how they interact with statutory authorizations.
• Temporary diversion licences and preliminary certificates, which regulate short-term and conditional uses.
• Compliance and enforcement mechanisms, including administrative penalties and Environmental Appeals Board (EAB) procedures.

Unger highlighted that Alberta’s water law system is rooted in the idea that all water belongs to the Crown, with individuals and organizations granted only the right to use it. This legal framework—built on beneficial use, public interest, and sustainability—continues to shape how Alberta balances competing demands on a finite resource.

Key Themes from the Discussion

• Public Participation: While some authorization decisions allow public notice or comment, broader opportunities for public engagement remain limited. Strengthening participation could improve transparency and support cumulative watershed management.
• Cumulative Impacts: Multiple small withdrawals can have significant ecological effects, yet the Water Act addresses these only indirectly. Integrated management and adaptive governance are increasingly important.
• Transfers and Water Markets: The ability to transfer licences provides flexibility, but also raises questions about equity, environmental flow protection, and long-term sustainability.

Questions Raised by Participants

The session sparked thoughtful dialogue on how Alberta’s water law works in practice. Attendees asked about:

1. What is the distinction between a Statement of Concern and an Appeal under the Water Act? Is a Statement of Concern a broader mechanism that can be submitted by individuals who are not directly affected by the proposed activity?
2. When an activity is carried out within a stormwater management facility, does it require approval under the Water Act, given that the work affects water owned by the Crown?
3. In relation to riparian water rights, what methods do individuals typically use to access water—direct withdrawal from the adjacent water body or groundwater extraction within the riparian zone?
4. Does Alberta law provide a specific definition of shoreline, such as a set distance from the point of saturation or another measurable boundary?
5. Would the construction of a new stormwater outfall into a stream be categorized as an Activity Affecting Flow under the Water Act? If so, what is the typical lead time for obtaining approvals, and what level of design detail is required at each stage of approval?
6. How does the Water Act address cases of surface water contamination—for instance, when a septic field within a municipality contaminates a nearby creek?
7. Under the Water Act, what recourse does a landowner have if a proposed wind turbine project could negatively impact their domestic groundwater supply?
8. When reviewing applications for Temporary Diversion Licences (TDLs) or water licences, how does Alberta Environment and Protected Areas evaluate potential impacts on neighbouring properties or users?
9. How do the Codes of Practice under the Water Act function to streamline common activities that affect water bodies or water flow?
10. How are concerned citizens informed about submitted Water Act applications? Are there any requirements for applicants to notify potentially affected communities? If not, how can individuals submit a Statement of Concern if they are unaware of an application’s submission? Are these applications publicly posted online?
11. Beyond the Water Act and the Public Lands Act, how might other legislation—such as the All-Season Resorts Act (2024) interact with or influence water rights and authorizations?
12. Has there been any ruling or legal precedent establishing whether the Water Act applies to lands within Indigenous Reserves?

Background Reading

To deepen your understanding of the topics discussed, read Chapter 2: Use and Flow of Water from the Water Law in Alberta publication—available on the Alberta Environmental Law Centre website.

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