If dugout is over 2500 m3 (2 acre-ft) requires an approval under the Water Act. We encourage dugouts to be set up off

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1 Alberta Environment and Water Water Licensing Legal Water Use under the Water Act Alberta Farm Fresh Local Food Short Course March 2, 2012 Black Kight Inn Red Deer AB Alberta Environment and Water (AEW) Surface Water Licensing Water Licensing Applying for a Water Licence Water Sources Water Efficiency Access to Water Enforcement Brief History of Water Diversion in Alberta North West Irrigation Act Water Resources Act Water Act 1999 To divert water from a natural river, creek or slough need a Water Act licence A licence provides a right to divert water Priority System First in Time, First in Right (FITFIR) Based on priority not purpose All licences get a priority number Establishes your right to divert water relative to other licences In a drought senior licences have right to divert water over junior licences Exceptions Schedule 3 of the Water Act Ministerial Regulations If dugout is over 2500 m3 (2 acre-ft) requires an approval under the Water Act We encourage dugouts to be set up off stream This set up is to your advantage as it will be less likely to silt equipment have good access 1

2 Alberta Agriculture and AEW has this publication for free AB Ag is providing funding to create sustainable water supplies that includes dugouts Applying for a Water Act Licence When AEW reviews an application we are looking to help establish sustainable water management projects on the land Applicants must demonstrate that water is available and that they need the requested volume Application Requirements for Irrigation licence under the Water Act Agricultural Feasibility Study Determines if the source water quality and soils are suitable and can provide a sustainable irrigation system and do not create a salt flat. Agrologist, soil scientist (certified list of consultants on AB Ag website) Depending on the size of project and requested water volume Hydrology Study to help determine Water availability Storage requirements Hydrologist or water resources engineer (consultants) Engineering May be required where the works may create a public safety hazard Large dam constructed directly upstream of a public road If the dam washes out and may wash out the road and create a major hazard to local drivers Water sources vary across the Province Most secure water sources are mountain snow pack fed water systems such as the main stem of the Red Deer River which has some drought proofing (Dickson Dam) Least secure are prairie plains runoff systems Battle River Haynes Creek Iron Horse Creek North Saskatchewan River 50% of median flow must be passed to Saskatchewan PFRA 2

3 Battle River Battle River Watershed Red Deer River at Red Deer 3

4 Bow River at Calgary Lots of dams on the river to store water We recognize and accept that we have reached or exceeded limits for water allocations in the Bow, Oldman and SSRB basins In 2006 we implemented the South Saskatchewan River Basin Plan. That closed these basins to new surface water applications Surface water authorizations in SSRB 4

5 Water Sources Depending on where you are located within the province and watershed Determine application requirements and conditions of the licences Applications may require water storage ensure the project is reliable Dugouts Dams Wetlands Storing water can be expensive If a project has only an 80% chance of getting all of the required water in a year There is a 20% chance that the owner may be tempted to divert water illegally in a drought or against minimum flow conditions in a creek or river We try to avoid these situations as this may create compliance work AEW and is an undesirable situation for everyone Storing water can be expensive We generally require two years of storage To irrigate a ¼ section (160 acres) One foot of irrigation water depth per year Two years of water may require 300 acre-ft of storage If the cost to move acre-ft of dirt is $3500 The project may have very high capital costs We want applicants who wish to construct these projects to be fully informed of the potential risks and costs before they start construction Water Efficiency As per the Water for Life Strategy Applications must demonstrate wise use of water and water efficient technologies Di Drip irrigation, i low pressure and dlow height ht irrigation equipment We no longer encourage back flood irrigation Access to Water The application must show access to water Written consent to neighboring lands may be required Plans Must Show Irrigation area Water source Point of diversion Need to know method of irrigation Pump sizing We can issue the licence on a hand shake We suggest registering a caveat on the land to ensure access to the water supply If you lose permission to access neighboring lands You may lose the right to divert water The water licence does not permit trespassing 5

6 Public Notice and Statements of Concern (SOCs) When applying for a licence you will likely be required to post a Public Notice in the local news papers for a 30 day period People who oppose the licence may write to AEW and explain why the licence should not be issued AEW reviews all written submissions and determines if the submission is a valid statement of concern (SOC) Statements of Concern The applicant must demonstrate to AEW that the licence will not adversely effect the water management of the SOC filer to AEW satisfaction (not the SOC filer s satisfaction) If AEW is satisfied that the application has mitigated potential water management impacts then AEW will issue the water licence Statement of Concern Continued When the licence is issued both the applicant and the SOC filers have the option to appeal the decision to the Environmental Appeals Board (EAB) If EAB accepts appeal we will move to Mediation, if fails Public Hearing Following hearing EAB makes recommendations to the Minster of Environment and Water to either Leave the licence as is Amend the licence Cancel the licence Minster will then makes a decision based on the recommendations of the EAB During the appeal process all time lines are out as mediation and public hearings are generally set by EAB Legal Water Diversion Important to meet the terms and conditions of your water licence to maintain good standing Including Water Use Reporting Conditions If a licence falls into not good standing it may be subject to cancellation. This may happen if we feel you have no ability to use the licence and have no interest in using the water in the near future. Water intake silts in (clogs up) Water diversion equipment is sold A subdivision is constructed on the land Water Use Reporting (WUR) An irrigation licence will contain WUR conditions AEW has recently amended around 4000 licences to include WUR conditions We recommend licences purchase water meters which are relatively inexpensive Monthly reporting is required AEW through the internet. 6

7 Water Use Reporting (WUR) Why does AEW require this reporting? Data gap identified by the people of Alberta during the creation of the Water For Life strategy. Water Licences have been issued in AB for a 125 years. AEW can tell you how much water has been allocated from a river but not how much is being used. WUR is to help AEW collect reliable and accurate data so that we can better manage the water resources of the province Water Use Reporting Coordinator Tanya Berube Enforcement Water licences protect your right to divert and use water It is in your interest to get a licence, even if you have been diverting water from a dam for 20 years, if a drought hits and priority is called, without a licence you will have no right to take the water The longer you wait to get a licence the more junior your priority will be. In dry years during a priority call, if you get caught diverting illegally you will regret not having licence Anyone who conducts illegal activities and diversions without authorization from AEW may face fines up to $ for an individual and $ for an organization. Complaints / Emergencies If you have environmental complaint or emergency please call number When calling it is best to have at a minimum Who is carrying out the activity Where and when did it happen Legal land location An investigator will be assigned the call and will follow up with you based on work load, call priority and potential impact AEW Contact Information, call us if you have any questions 7

8 Links to information You can find a condensed version of the requirements in the Dug-Out Fact Sheet: For complete information directly from the legislation, please refer to the Water Ministerial Regulation. Approval exemptions are in Schedule 1, and licence exemptions are found in Schedule 3. You can find the Regulation at the schedules are at the back of the document. If your dugout does not fall within the exemptions, you will need to apply and obtain a licence and/or approval as applicable prior to undertaking the activity. You can find the approval/licence application and related information at: Water Act Application Form: If an irrigation licence is required (ie you do not meet the exemptions) the application must include an Agriculture feasibility report as per the guideline When planning your dug-out, the following will be helpful for you. Dug-out Plan: Dug-out Questionairre: Dug-out calculator tool: Quality Farm Dugouts Handbook: Please note, that when planning the dugout construction, consider maintenance and ease of access when siting, orienting and dimensioning the dugout. Dug outs should be sized to have 2 years of consumptive use and evaporative losses. An agriculture feasibility report will determine the consumptive volume. Agriculture and Rural Development Water Specialist may be a useful contact for you. There number is 310-Farm ( ) Fact Sheets Alberta Water Act Approvals Blue-green algal blooms Drilling water wells in Alberta Dugouts Hydrostatic testing of pipelines Licences Management of Class "A" watercourses in Alberta Provincial wetland restoration/compensation Pipelines and telecommunication lines crossing a water body Riparian Rights and Shoreline Modifications Shoreline modification Spring Run-off Flood Prevention Stormwater management Temporary diversion licences Transferring water allocations Upstream oil and gas activity near a waterbody Water licence cancellations for non-use Water priority system Wetlands and Dugout Placement Beneficial Management Practices South Saskatchewan River Basin Water Information Portal Environmental Appeals Board Water Use Reporting Coordinator, Tanya Berube, Factsheets on AEW website Questions 8