Opposition to Water Act Amendments and Lack of Consultation

Date:

March 2025

Expiry Date:

April 2028

Current Status:

Accepted in Part

Sponsors:

Northern Sunrise County

District:

4 – Northern

Year:

2025

Convention:

Spring

Category:

Environment

Status:

Accepted in Part

Vote Results:

Carried as Amended

Preamble:

WHEREAS the  Government of Alberta is considering amendments to the Water Act that could potentially allow for easier transfer of water between basins throughout the province; and

WHEREAS the southern regions  of Alberta have faced reoccurring drought conditions in recent years and a significant amount of the province’s water resources are already allocated ; and

WHEREAS the proposed Water Act amendments may enable water transfers to be approved at the bureaucratic level without requiring Cabinet approval, which raises concerns about accountability and transparency in water management decisions; and

WHEREAS municipalities are concerned that water transfers could have significant environmental and economic impacts, including the depletion of northern water resources and the disruption of natural water cycles; and

WHEREAS it is essential to prioritize water conservation efforts and resource management in the southern region where water usage is high, before considering inter-basin water transfers; and

WHEREAS a province-wide water management plan should include interprovincial water agreements with British Columbia ; and

WHEREAS the questions being asked to the public in the recent water engagement surveys raise concerns about the transfer of water between basins, the collection of rainwater and the associated costs;

Operative Clause:

THEREFORE, BE IT RESOLVED that the Rural Municipalities of Alberta (RMA) opposes  amendments to the Water Act that would reduce approval requirements for the transfer of water between basins without thorough consultation with municipalities;

FURTHER BE IT RESOLVED that RMA advocate to the Government of Alberta (GOA) to halt any decisions related to water management until proper consultation with the public and municipalities is conducted;

FURTHER BE IT RESOLVED that RMA advocate to the (GOA) to collect sufficient data to inform proper “rainwater” and “usage” definitions in the Water Act, and to better determine Alberta’s water availability;

FURTHER BE IT RESOLVED that RMA advocate to the (GOA) to prioritize more water storage capacity in regions with low water availability before considering inter-basin water transfer initiatives;

FURTHER BE IT RESOLVED that RMA advocate to the (GOA) to provide full transparency and public engagement opportunities regarding any proposed changes to the Water Act.

Member Background:

The Government of Alberta is currently considering amendments to the Water Act that would allow for inter-basin transfers of water without the oversight of Cabinet, public participation or Indigenous consultation. This raises significant concerns about transparency and accountability in water management decisions being made by the province. Currently, the Water Act lacks clear definitions or criteria for what constitutes a water-related emergency, as well as the conditions required to justify water transfers. The vague language in the Act grants considerable discretion to director-level decision-makers .

Water management, governance, and allocation in northern Alberta have remained limited compared to other regions of the province. Before considering amendments to the Water Act to ease water transfers in Alberta, the provincial government needs to conduct a thorough assessment of the potential environmental and economic implications of the transferring of water, including the effects it would have on ecosystems, communities, and existing water systems across the province.

The proposed amendments have the potential to deplete water sources, permanently disrupt ecosystems, and alter  water cycles. This is even more concerning if the government is focused on developing alternative water sources, such as the collection of rainwater without fully considering  the broader implications of these measures.

The province must also prioritize quantifying Alberta’s overall water supply before moving forward with policies that re-allocate water between regions. As an upstream jurisdiction, British Columbia has considerable control over water flowing into Alberta, particularly the Peace River. Without proper interprovincial water agreements in place, the Alberta government risks enacting legislation that will transfer water without fully understanding the availability of this resource.

Despite the Government of Alberta engaging the public on water management from October 31, 2024 to January 24, 2025 and the announcement of a 3-year, $4 million study to fully map groundwater in southern Alberta, significantly more consultation and due diligence is needed. Municipalities, Indigenous communities, and other key stakeholders must be meaningfully involved in these discussions.

Additionally, water efficiency measures and sustainable water practices need to be implemented in the southern regions of the province before any consideration is given to inter-basin water transfers as such actions would have lasting, detrimental effects on local economies and ecosystems across the province – especially in the absence of any thorough environmental impact assessments being done to fully understand the long-term consequences of diverting water from  Alberta’s northern regions.

RMA Background:

7-24F: Improved Water License Approval and Compliance Processes

THEREFORE, BE IT RESOLVED that the Rural Municipalities of Alberta advocate to the Government of Alberta (GOA) to develop alternatives to the use of fresh water for hydraulic fracking;

FURTHER BE IT RESOLVED that the GOA require the oil and gas industry to reduce water use proportional to all other users if drought restrictions are implemented;

FURTHER BE IT RESOLVED that that the GOA amend the Responsible Energy Development Act to remove from the mandate of the Alberta Energy Regulator (AER) “to consider and decide applications and other matters under the Water Act in respect of energy resource activities” to ensure that all authority for granting water licenses falls to Alberta Environment and Protected Areas and that the AER continue to be responsible for industry compliance;

FURTHER BE IT RESOLVED that that the GOA, without exception, require all Temporary Diversion License (TDL) applications, including those diversions from alluvial aquifers, follow the process outlined in legislation, policy and directives and that the information on which the approving authority has used to issue the TDL be made available to the public.

Click here to view the full resolution.

Government Response:

Alberta Environment and Protected Areas

EPA engaged Albertans between November 2024 and March 2025 on how to strengthen and modernize the water system. We have identified which gaps and opportunities require further engagement to explore options and plans for implementation. Our second round of engagement has just started and runs until June 2025.

The Water Act enables inter-basin transfers subject to strict conditions, including requiring approval through a special act of the legislature. Five special acts remain in place for inter-basin transfers to support regional systems supplying small quantities of treated drinking water to Alberta’s rural hamlets, counties, and smaller towns.

Inter-basin transfer applications undergo a review process that includes assessing water supply alternatives, as well as environmental, social, and economic impacts. We follow this by consulting with affected partners and Indigenous communities in both the source and recipient river basins. Moving water from the north to the south is costly, and engagement focused on lower risk inter-basin issues.

As per Section 48 of the Water Act, public consultation must be done before a bill can be introduced to amend the inter-basin transfer requirements of the act. We must engage before making any Water Act changes on inter-basin transfers, even to distinguish lower risk transfer requirements. Additionally, further engagement informs legislative or policy changes to support rainwater use for households and businesses seeking to install rainwater collection systems as an alternative water source. Alternative sources can enhance availability and support water security.

Other topics raised in engagement include water measurement and reporting that may assist in determining Alberta’s water availability, as well as opportunities to improve water-use conservation, efficiency, and productivity. Engagement feedback supported increasing water storage capacity. Water storage assessment and feasibility studies are underway to assess the potential of storage to increase water availability.

We look forward to continuing to work with RMA and its members on enhancing water availability.

Development:

The government response acknowledges Environment and Protected Areas efforts to engage municipalities and stakeholders on potential changes to water management and regulatory processes. RMA provided input on phase one of the engagement and continues to monitor Phase Two of the engagement process.

The Government of Alberta (GOA) has committed to adhering to the Water For Life strategy; keeping the “First-In-Time, First-In-Right” system; not implementing changes that reduce current water allocations; and not adding any new royalties, bulk, or volumetric pricing for water.

However, the engagement process will inform future Water Act amendments and may represent significant changes to water management in Alberta. Through Resolution 8-25S, RMA members have expressed their concerns with the possibility of large-scale changes, particularly without adequate municipal consultation. While it appears that high-risk inter-basin water transfers will continue to require approval by an act of the legislature, the recently launched survey requesting stakeholder input includes questions that suggest the GOA is considering changes to inter-basin transfer criteria and to major river basin boundaries. Furthermore, some other survey questions propose streamlining processes by conferring more authority to the Director under the Water Act. The survey also contains little reference or consideration of how proposed changes may impact regional aquatic ecosystems.

RMA recognizes the value and importance of streamlining license procedures as such measures increase water availability, especially during crucial times, promote efficiency and minimize unnecessary delays. RMA is encouraged by many of these proposed changes and looks forward to seeing the benefits for our members.

RMA is also encouraged by survey questions that suggest the GOA seeks to enable alternative methods to increasing water availability, such as streamlining processes related to wastewater and rainwater usage, and by survey questions that propose the public disclosure of water license information and data, increasing transparency.

However, simplifying water management processes like inter-basin transfers without proper transparency and accountability mechanisms could have significant impacts on both local economies and ecosystems. Additionally, enabling greater decision-making authority for the Director is incompatible with stated goals to conduct adequate stakeholder consultation, opening up the risk for adverse impacts without municipalities given the opportunity to provide input.

Given the government response and the current status of the ongoing water engagement, this resolution is assigned a status of Accepted in Part. RMA will provide input towards the second phase of the water engagement and continue monitoring the status of the water engagement to ensure that the needs and interests of rural municipalities are meaningfully represented in any future changes.

Provincial Ministries:

Environment and Protected Areas

Provincial Boards and Organizations:

None reported.
Federal Ministries and Bodies:
None reported.

Internal Notes:

None reported.