LEX-FAOC152445

Water Act (RSA 2000, c. W-3).

This Act provides for the conservation and management of water resources including their allocation and use.; The Act consist of 174 sections divided into 14 Parts: Consultation (1); Planning and environmental assessment (2); Right to divert and priority of right (3); Approvals, licences, preliminary certificates, registrations (4); Changes in ownerships, transfers (5); Water management works and undertakings (6); Remedial measures (7); Notice (8); Appeals (9); Inquiry and enforcement orders (10); Offences, penalties and related matters (11); Civil matters (12); Miscellaneous matters (13) and Transitional (14).; The purpose of this Act is to manage water resources with a view at preserving the environment and also securing the economic growth and prosperity of Alberta. The property of water resources is vested in the Crown (sect. 3). The Minister is required to establish, in consultation with the public, a framework for water management planning for the Province (sect. 7), then water management plans must be prepared and are subject to the approval of the Lieutenant Governor in Council (sect. 10). Part 3 deals with diversion and use permits and licences and includes provisions on the application procedure and on priority of uses (sects. 21-27). Water allocation can be transferred subject to the procedure set in sections 81-83. The Minister may construct, operate, maintain, repair, control, replace and remove waterworks (sect. 84); in the public interest, it can take over waterworks and dispose of them. Part 7 regulates the solution of disputes that may arise under the Act. The Minister can decide on the removal of obstruction or works if it deems it necessary and can designate flood risk areas (sect. 96). Water management orders for conservation purposes can be issued by the Director, appointed under this Act, or by inspectors if water is not being conserved or a person has wasted any water that is diverted pursuant to an approval, licence, registration or the Act (sect. 97). The Lieutenant Governor in Council may declare an emergency related to water resources for all or part of the Province (sect. 105). Appeals against decision taken on the basis of the Act are made to the Environmental Appeal Board (sect. 114). Provisions on inspections, investigation and enforcement measures are covered in Part 10 and offences and penalties in Part 11. Under section 159, the Minister has the right to expropriate land and works in the public interest.

Regional Info

Country: 

Canada

Territorial Division: 

Alberta

Language (ISO Code): 

CAN
Categories

Policy Type: 

Framework

Sink: 

Water

Scale: 

Regional
Temporal Info

Date - Original Text: 

1996

Date - Consolidation: 

17/12/2014