Environmental groups are calling for an overhaul of Alberta’s water rights system, while a new report says the South Saskatchewan River is Canada’s most threatened river.

        The Alberta government needs to change the province’s outdated, 100-year-old water laws to make water allocation more equitable and responsible, Ecojustice and Water Matters say.

        "The current water allocation system in Alberta was designed in a time of water abundance and limited users," Ecojustice lawyer Barry Robinson says. "It does not reflect the modern realities of water use, population growth and climate change in the 21^{st century."}

        By the end of 2005, Alberta had allocated more than 9.5 billion cubic metres of water annually for various uses throughout the province. More than 20,000 water licences have been issued over the past 100 years in the South Saskatchewan River basin. In 2006, the government announced it would no longer accept surface water applications for three of the river systems the Bow, Oldman and the South Saskatchewan – in this major river basin –

        Alberta’s existing water system is based on "First in Time, First in Right" (FITFIR) which gives priority to the most "senior" licences (generally those issued before 1950) in times of water shortage. But many communities with "junior" licences in southern Alberta are expected to run out of water in the next five to 10 years, the groups say.

        "The current "first come, first serve" does not protect drinking water or the environment during times of drought," they say. While Alberta has laws to protect water quality from industrial pollutants, "laws to protect in-stream water quality have not kept pace," says the groups’ report, Share the Water: Building a Secure Water Future for Albertans.

        Alberta’s population is expected to be around 4.4 million by 2031, the report says. In 1911, there were only 373,943 people in the province. Alberta Environment predicts that water use in the province will increase 21 per cent by 2025.

        Climate change is likely to reduce water availability in southern Alberta by about 546 million cubic metres between 1996 and 2046, while water use from irrigation alone could be 440 million cubic metres under a medium growth scenario, according to Climate Change and Water: SSRB Final Technical Report (http://www.usask.ca/geography/giservices/images/SSRB_Final_Report.pdf)

        The outdated FITFIR system also has led to Canada’s first water market in Alberta, a flawed market that presents additional threats to the province’s waterways and water users, says Danielle Droitsch of Water Matters.

        In stressed river basins such as the Oldman, Bow and South Saskatchewan, new surface water allocations are no longer issued. So those seeking water permits to accommodate a community’s growth are forced to bid in the open market, often against wealthy corporations, she says.

        "Without a solid plan that secures water for people and the environment, it’s unacceptable for Alberta to drift into a de facto water market that puts profits ahead of the right of Albertans to drinking water and healthy ecosystems," Droitsch says.

        The Alberta government hasn’t addressed the problem since a controversy 2 ½ years ago over securing water for a huge shopping centre and entertainment complex near Balzac north of Calgary. (See Vol 17 #7&8 pg. 13) The Municipal District of Rocky View finally had to get the water it needed through a $15-million deal with the Western Irrigation District, which holds a FIRFIT water allocation licence dating from 1912. The deal transferred a small portion of the irrigation district’s licence to Rocky View.

        Rocky View agreed to pay $15 million to convert a 50-km section of the irrigation district’s canal into a pipeline. That’s expected to conserve about 6,700 cubic meters of water per day by reducing seepage and evaporation from the canal, and free the excess for transfer. Rocky View would then recover its costs through fees and levies passed on to the developers.

        Environmental groups say that Alberta’s water laws also don’t adequately protect rivers in the province for riparian, wildlife species and watershed health.

         In the South Saskatchewan River Basin, the province’s Water Conservation Objective acknowledges the need to maintain basic aquatic environmental ecosystems, which received a water allocation licence. But this licence, issued in 2006, is a junior licence under the FIRFIT systems, Robinson notes, adding: "The environment has been pushed to the side."

         The Share the Water Report recommends a comprehensive update to Alberta’s water allocation system, premised on an entitlement system or "share system" depending on seasonal water availability. The system would provide an entitlement to a share of the available water rather than to a fixed volumetric amount.

         The issuance of shares to existing water licensees would be based in part on the current FITFIR system, and would explicitly acknowledge the priority of water set aside for environmental protection, aboriginal rights and basic human needs. The main elements are:

         . Legally enforceable water management plans for each basin developed using the best available scientific evidence.

         . Legally enforceable water conservation objectives that protect in-stream flow needs for each basin, determined using the best available scientific evidence. Water conservation objectives should effectively take "priority" over all other water allocations.

        . Water entitlements based on water "shares" allocating a percentage of the water available in excess of the water conservation objective. Water volumes allocated to each share are to be adjusted seasonally and more often if needed, in response to predicted flows in the basin.

        . Provided water is secured for people and the environment, (and) a water allocation and share trading system, with an electronically accessibly registry, is established that facilitates the re-allocation of water from one use to another.

        . Individuals and organizations are given the ability to hold water shares for in-stream purposes (mainly to enhance environmental values above the water conservation objectives);

        . Use incentives to encourage water conservation and the efficient use of water, including: per-unit charges for all water diverted under water shares; significant penalties for water withdrawals above permitted allocation amounts; compensation at market rates for conserved water shares returned to the government; permission for the water shareholder to freely arrange for re-use of the allocated water as long as the specified return flows and conditions are met; tax or other financial incentives for water conservation projects.

         . Include groundwater in the water management system, including assessing the cumulative impacts of groundwater diversion.

        The environmental groups recommend that the Alberta government develop a five-year plan to fully implement the recommendations, including the completion or update of water management plans for all river basins in the province. The full report is available at (

^{www.ecojustice.ca}

^{or www.water-matters.org).}