Water Apportionment Performance

Date:

April 2024

Expiry Date:

February 2027

Current Status:

Intent Not Met

Sponsors:

MD of Taber

District:

1 – Foothills-Little Bow

Year:

2024

Convention:

Spring

Category:

Environment

Status:

Intent Not Met

Vote Results:

Carried

Preamble:

WHEREAS Schedule A of the 1969 Master Agreement on Apportionment (the Agreement) governs the apportionment of water on the South Saskatchewan River between Alberta and Saskatchewan; and

WHEREAS the Agreement requires that Alberta shall permit a quantity equal to one half of the natural flow of the River to flow into Saskatchewan during each calendar year; and

WHEREAS the Agreement allows Alberta to divert or store or consume a minimum of 2,100,000 acre feet out of the flow of the South Saskatchewan River even though its share for the year is less than that volume, provided that the actual flow of the River at the common boundary of the provinces is not less than 1,500 cubic feet per second at any time; and

WHEREAS Alberta has permitted more than 50% of the natural flow of the South Saskatchewan River to flow to Saskatchewan every year since 1969; and

WHEREAS the rate of flow on the South Saskatchewan River in Alberta is regulated by infrastructure including diversions, dams and reservoirs owned and operated by the Government of Alberta; and

WHEREAS drought conditions prevalent within the South Saskatchewan River basin in 2023 which are likely to persist in 2024 have resulted in water shortages within the basin; and

WHEREAS in times of severe drought it is vital to optimize water retention and storage;

Operative Clause:

THEREFORE, BE IT RESOLVED that the Rural Municipalities of Alberta advocate that the Government of Alberta continue to collaborate with stakeholders to ensure that, to the extent physically practical, Alberta retains its share of the natural flow of the South Saskatchewan River in 2024 and in future years when Alberta is able to divert, store, or consume its full share of the natural flow.

Member Background:

The Master Agreement on Apportionment was made October 30, 1969 between the governments of Canada, Alberta, Saskatchewan, and Manitoba to govern the apportionment of water between provinces in rivers which flow across provincial boundaries. Simplistically, but with at least one notable exception, it requires that 50% of the natural flow of interprovincial rivers flow from an upstream province to the province downstream each calendar year. Natural flow is the flow calculated to occur if there were no human interference with the flow of rivers such as diversions and storage or release of water.

For apportionment purposes, the flow rate and volume of the South Saskatchewan River is measured at the confluence with the Red Deer River, just east of the provincial boundary. Schedule A of the agreement allows Alberta to consume, divert, or store 2.1 million acre feet of water each year regardless of the flow to Saskatchewan, provided that the flow rate is never less than 1500 cubic feet per second (cfs). This would allow Alberta to take more than 50% of the natural flow if the natural flow volume if less than 4.2 million acre feet, although in even the driest years the volume is usually higher than that. In the past it has typically been assumed that Alberta must pass at least 50% of the natural flow while always maintaining a minimum flow of 1500 cfs, which is incorrect. The minimum flow rate only applies if Alberta wishes to take over 50% of the flow in an extremely low-flow year.

Alberta has always passed at least 50% of the natural flow to Saskatchewan, and most years at least 75% of the natural flow is passed because Alberta takes all the water it needs and there is still a large surplus remaining. However, in extreme drought years Alberta needs more water, but still passes over 50%. Prior to 2023 the two years with the lowest percentage of flow passed were 1988 and 2001, when 58% of the natural flow was passed, and the surplus 8% was equal to over 300,000 acre feet of water each year. Final results are not yet available for 2023, but based on projections late in the year it is expected to be similar to 1988 and 2001.

Flows on the main tributaries of the South Saskatchewan River are regulated and affected by Government of Alberta-owned infrastructure such as the Waterton, St. Mary, Oldman, and Dickson dams and several irrigation diversions, as well as by private infrastructure owned by TransAlta, the Eastern and United irrigation districts, municipalities, and others.

With a more concerted effort to maximize Alberta’s share of the water, particularly at large government-owned reservoirs and diversions, Alberta should be able to retain a greater portion of its share of the water in drought years to reduce the impact of drought.

RMA Background:

5-21S: Preservation of Water Quality and Access to Water by Albertans

THEREFORE, BE IT RESOLVED that the Rural Municipalities of Alberta request the Government of Alberta to take proactive measures to ensure that the headwaters that supply Alberta’s water basins are managed to maintain water recharge capabilities, to sustain high water quality and to provide access to sufficient water supplies for all Albertans.

Click here to view the full resolution.

Government Response:

Environment and Protected Areas

The Government of Alberta agrees with the resolution. We currently manage storage infrastructure and water licensing systems to make the most out of our water supplies and minimize risk during periods of short supply. The South Saskatchewan River Basin is already home to a network of reservoirs and other water uses that contribute to using Alberta’s share of water under the transboundary water Master Agreement on Apportionment. The government is actively looking at opportunities to increase our water storage capacity and optimize our water uses.

My mandate includes reviewing Alberta’s water management strategy to increase the availability of water, while maintaining the highest standards of conservation and treatment. As part of this review, Environment and Protected Areas (EPA) is looking at new tools to manage water more effectively to maximize the amount of water available on the Alberta side, including modernizing Alberta’s water licensing system and assessing opportunities for additional water storage. To review the Mandate Letter, please visit open.alberta.ca and search for “Mandate Letter – Environment and Protected Areas.”

In addition to the feasibility study underway assessing potential options on the Bow River upstream of Calgary, the Government of Alberta is undertaking dam and reservoir feasibility studies on the Red Deer River near Ardley, and on the Bow River near Eyremore. If these projects proceed, the reservoirs will provide the ability to capture and retain a larger portion of Alberta’s share of the water. Later this year, we will commence a provincewide review of other water storage opportunities to help guide future assessments and reservoir feasibility studies. I understand Agriculture and Irrigation (AGI) is working with irrigation districts and other partners to expand off-stream water storage at Chin and Snake Lake reservoirs, as well as assessing new storage opportunities, such as the Deadhorse Coulee Reservoir.

EPA and AGI are evaluating our water infrastructure operating procedures at government-owned dams in the South Saskatchewan River Basin to optimize retention of Alberta’s share of the water, while ensuring all licensing requirements related to those operations are met.

EPA, in collaboration with AGI, will continue to work closely with major water users, such as the Rural Municipalities of Alberta, and the province’s irrigation districts, on water storage infrastructure and management strategies to help maximize the amount of water available to support Alberta’s communities, economy, and environment.

Development:

Responses from Alberta Municipal Affairs and Alberta Environment and Protected Areas indicate no intention to move forward with a provincial flood regulation at this time.

The Flood Recovery and Reconstruction Act provides the GOA with the ability to map floodways, restrict floodway development, prepare emergency response plans, and more. Working with municipalities and other stakeholders to enable some or all of these powers through a province-wide regulation under the Flood Recovery and Reconstruction Act would ensure that municipalities have the necessary resources available to prepare for and recover from imminent flooding, and reduce risks to developers, property owners, and other stakeholders.

RMA understands that much like any regulatory changes impacting land use and development, implementing a provincial flood regulation comes with risks and potential liabilities for the province. However, continuing to take a sporadic and disjointed approach to discouraging floodway development is even riskier as it contributes to a lack of understanding of risks, rules, etc. by landowners and municipalities. RMA is frustrated by the fact that enabling legislation was passed over 10 years ago, and the Government of Alberta is still unwilling to even engage in an in-depth consultation on how a regulation could be developed in a way to mitigate current gaps in provincial and municipal regulation of development.

The Drought and Flood Protection Program (DFPP), launched in March 2024, provides municipalities with critical funding to implement flood management and prevention projects. However, policy and regulatory changes are also required to ensure municipalities can adequately carry out flood management and fulfill all the asks of this resolution. For this reason, RMA assigns this resolution a status of Intent Not Met and will continue monitoring developments and advocating on this issue.

Provincial Ministries:

None reported.

Provincial Boards and Organizations:

None reported.
Federal Ministries and Bodies:
None reported.

Internal Notes:

None reported.