AENV Water Shortage Procedures for the South Saskatchewan River Basin

Transcription

1 AENV Water Shortage Procedures for the South Saskatchewan River Basin for internal use by staff of Alberta Environment Last Revised April 2009 ISBN: (Printed) ISBN: (On-line)

2 TABLE of CONTENTS 1.0 General Information Purpose Background Enabling Legislation Policies and Frameworks Flow Forecasting Apportionment Water Management Order Administration Agreements to Assign Water Water Act Transfers Water Shortage Management Overview AENV Water Shortage Management Water Shortage Command System Stage 1 Water Shortage Management Stage 1 Water Shortage Management - Observation and Preparedness Stage 2 Water Shortage Management Stage 2 Water Shortage Management - Priority Call Assessment Stage 2 Water Shortage Management - Administration of Priority Stage 3 Water Shortage Management Stage 4 Water Shortage Management Stage 4 Water Shortage Declaring an Emergency under the Water Act Review of the Plan Appendices Glossary of Terms Water Shortage Command System Recommendations for Water Shortage Preparedness Priority Call Questionnaire Water Management Orders Declaring an Emergency under the Water Act Recommendation of Order in Council Guidance Document for Water Shortage Reponses Plan... 47

3 1.0 General Information 1.1 Purpose Alberta Environment is responsible for the protection and management of water resources within the province of Alberta. This document is intended as a management and preparedness plan for water shortages in the South Saskatchewan River Basin (SSRB). The plan will provide operation procedures and guidance to Alberta Environment regional staff managing water shortage situations within the context of the Water Act, Alberta Environment (AENV) policies and Approved Water Management Plans. 1.2 Background The property in and the right to the diversion and use of all water in the province is vested in Her Majesty in the right of Alberta. Water rights in Alberta are administered using the western water law principle of prior apportionment; a system that has come to be known as the first in time, first in right system. The Water Act is the governing legislation with respect to priority and the diversion of water. Water Act licences and registrations are determined by priority. For licences, priority corresponds to the date an application was deemed administratively complete, and priority for registrations is by date of first use. A priority date gives a licensee or registrant a certain degree of assurance that, based on the date of priority, they will have access to available water supplies. Under Section 30 of the Water Act, a licensee or registrant diverting water under their licence or registration that has a numerically lower priority number (earlier date) is entitled to divert the whole allocation of water before a licensee or registrant with a numerically higher priority (later date). Household users have priority to divert water over an approval, licence or registration. Under Section 21 of the Water Act, a person who diverts water for household purposes has priority over a person who is entitled to divert water pursuant to an approval, licence or registration or that is authorized under the Act other than pursuant to Section 21. Determining priority involves the monitoring and enforcement of the Water Act's "first in time, first in right" priority system. Department staff advises licensees and registrants to limit water withdrawals when diversions would exceed the available water supply during low water periods. Depending on the availability of water, water licensees or registrants with junior (most recent) priority numbers are requested to either limit their water withdrawals to a certain fraction of their licensed allocation or refrain from withdrawals of any amount. Department staff base their decisions on information such as the monthly Water Supply Report, natural flow reports, current flow information, impacts on the aquatic environment and effects on other water users. Water Management Orders may be issued to selected licensees/traditional agricultural users, and withdrawals are monitored by the department. 1.3 Enabling Legislation Numerous sections in the Water Act pertain to the management of water and administration of priority. These pertinent sections of the Water Act include, but are not limited to: Page 1

4 Priority of household user TSection 27T Registration priority numbers TSection 28T Licence priority numbers TSection 29T Priorities TSection 30T Administering priorities TSection 32T Agreements to assign water TSection 33 Water Management Orders Section 97 Emergencies Division Policies and Frameworks Alberta Environment has a number of policies and plans that affect how the department manages water resources. Outlined below are a selection of plans and policies that pertain to water management Cumulative Effects Management The Government of Alberta is developing a new environment and resource management regulatory framework to enable sustainable development by addressing the cumulative effects of development on the environment Water Management Plan for the South Saskatchewan River Basin The cabinet approved plan recommends a balance between water consumption and environmental protection, in light of economic and social objectives and ecological requirements. It sets a course for a new future for water management in the SSRB, one with innovative, efficient and productive water use and improved management of aquatic ecosystems. The plan also provides a foundation for future water management planning in the SSRB Water Conservation Objectives Water Conservation Objectives are an amount and quality of water that will remain in a river. This is to protect natural water bodies, aquatic environments or any part of them. It can also be used to protect fish and wildlife or other uses of what, such as tourism, recreation, transportation or waste assimilation. The Water Conservation Objectives can also be implemented through the issuance of a licence to hold water instream. This licence may be referred to as a water conservation objective licence. Currently, the Water Act specifies that only the government can apply for and hold a water conservation objective licence. The Water Conservation Objectives recommended in the South Saskatchewan River Basin Water Management Plan provide direction on opportunities to increase flows in the highly allocated rivers in the Bow, Oldman and South Saskatchewan River Sub-basins and permit allocations in the Red Deer River Sub-basin. They are subject to future review and Page 2

5 refinement in light of improved knowledge and information about the aquatic environment and water quality. It was determined that an implementation date for new Water Conservation Objectives needed to be incorporated into the plan as effects on the aquatic environment became clear and as the plan became common knowledge. There was a need to protect the aquatic environment and to prevent speculation on water allocations. As stipulated by the South Saskatchewan River Basin Water Management Plan, the implementation date for Water Conservation Objectives was set for May 1, The Water Conservation Objectives were established on January 16, 2007 and the Water Conservation Objectives for the South Saskatchewan, Red Deer, Bow and Oldman subbasins are available on the AENV website at: The Water Conservation Objectives can be for a variable rate of flow or for a single minimum flow. Variable rate of flow Water Conservation Objectives are calculated daily as a function of the theoretical natural flow to better reflect the variability of natural ecosystems Other Licence Conditions Water Conservation Objectives apply to all licences issued for any application received after May 1, 2005 in the Bow, Oldman, Red Deer and South Saskatchewan River sub-basins. As the Water Conservation Objectives were newly created with the SSRB water management plan, restriction conditions that existed prior to the establishment of Water Conservation Objectives, such as instream objectives and timing restrictions, continue to be in effect. Prior to the implementation of Water Conservation Objectives, AENV utilized instream objectives, minimum passing flow requirements and timing restrictions to protect the aquatic environment. Some sub-basins and tributaries within the SSRB, such as the Highwood River, have specific policies and criteria that guide when water can be withdrawn. 1.5 Flow Forecasting A priority call is triggered when conditions within the SSRB, the sub-basins or tributaries cause a reduction in water flows below demand. Conditions can include water shortages or local conditions that impair household users or licensees and traditional agricultural users abilities to divert water. Regardless of the cause, accurate and reliable flow information is critical. The Alberta Environment Flow Forecasting Centre produces monthly flow forecast reports. These monthly flow forecasts outline the current conditions, precipitation summaries, snow pack conditions and reservoir storage. The flow forecasts are available on the AENV website at: Page 3

6 Once a water shortage has been forecast and the information made available, the region must determine, in conjunction with hydrologists, modellers and Flow Forecasting, if the water shortage will impact household users, licensees, traditional agricultural users, or other provincial responsibilities like apportionment. This assessment must take into account reservoir storage, snow pack, predicted precipitation and anticipated demand by all users. Department staff will determine that a water shortage is imminent and of sufficient severity that warrants a pre-emptive response. The region will activate its Water Shortage Command System and activate its Stage 1 Water Shortage Management Procedures. 1.6 Apportionment In October 1969, Alberta, Saskatchewan, Manitoba and Canada signed the Master Agreement on Apportionment. Under the terms and conditions of the Master Agreement, Alberta is required to pass specified, annual and daily, quantities of the natural flow of the South Saskatchewan River to Saskatchewan. Therefore, in addition to the responsibilities outlined in the Water Act, the province is also required to manage water in the SSRB to meet the requirements of the Master Agreement on Apportionment even under water shortage conditions. All water shortage management decisions must ensure Alberta s obligations under the Master Agreement on Apportionment are met. When making decisions that may impact the Alberta s apportionment obligations, the department will receive advice from the Trans-Boundary Water Policy Section. The department will also seek the advice of the SSRB Intrabasin Water Coordinating Committee on how to manage water in the sub-basins in an equitable manner to meet the responsibilities under the apportionment agreement. All decisions made in aforementioned sections should factor in the province s obligations under the Master Agreement for Apportionment and discussed with the Trans-Boundary Water Policy Section and the SSRB Intrabasin Water Coordinating Committee. 1.7 Water Management Order Administration Under Section 97 of the Water Act, an AENV Inspector or Director can use a Water Management Order for the purpose of administering priority. Under Section 97(3), the Director may issue a Water Management Order that is in effect for any period of time as specified by the Director, while an inspector may issue a Water Management Order that is in effect for a period of up to 4 days. Any person who contravenes a Water Management Order is guilty of an offence under Section 142(1)(c) of the Water Act. While Water Management Orders will be used extensively in the other stages of water shortage management, they may be used in Stage 1 to enforce licence conditions. Page 4

7 1.8 Agreements to Assign Water Under Section 33 of the Water Act, a licensee or registrant may temporarily assign all or part of the water under the licence or registration to another licensee or traditional agricultural user for a period of time set out in an assignment. Alberta Environment, during periods of water shortages, may promote water-sharing assignments among parties. The department may wish to engage potential parties, facilitate meetings between licensees or traditional agricultural users, in order to promote assignments under Section 33. During Stage 1 and 2 of the Water Shortage Management Plan, the Water Shortage Communications Team will provide information to licensees about assignments and the conditions of any assignment as outlined above. A water shortage situation where there is insufficient water to meet all needs can result in a priority call in which junior priorities are shut off. In this situation, a senior priority can assign part or all of its water entitlement to a junior priority. The assignment allows the junior priority to divert water from a senior priority s entitlement, to avoid being cut off. The junior priority would still be subject to the conditions of their registration or licence, such as a minimum flow requirement. In order for an assignment to occur under Section 33 of the Water Act, the assignment must comply with the following: A written agreement signed by all parties involved; All licences and registrations subject to the agreement are in good standing; No rights of a household user or of licensees or traditional agricultural users with a higher priority than the party to the agreement with the lowest priority are adversely affected by the temporary assignment; The person receiving the water under the agreement is able to access the assigned water as a result of the natural flow or natural presence of water; No adverse effects on any water body or the aquatic environment; and The senior licensee hasn t already diverted the water outlined in the agreement. If an agreement is made to assign water, the licensees or traditional agricultural users are subject to the following: Licensee or registrant temporarily assigning the water is not entitled to divert the allocation of water temporarily assigned; The diversion of water by the licensee or registrant temporarily receiving the water must be done in accordance with the licence or registration of the licensee or traditional agricultural user receiving the water; and The licensee or registrant can not divert more than the total amount of water allocated on their licence or registration. 1.9 Water Act Transfers The Water Act allows for the transfer of an allocation of water held under a licence from one parcel of land to another. A transfer may be in the form of a licensee transferring an allocation of water to another parcel of land, to a project owned by the same licensee or to a project owned by another person. Water may be permanently or temporary transferred. A permanent transfer is when all or part of the allocation of water is permanently transferred while a temporary transfer is when Page 5

8 all or part of the allocation of water is transferred on a temporary basis and the allocation reverts back to the existing licensee after an agreed period of time. More information on transfers is available at: Page 6

9 2.0 Water Shortage Management Overview 2.1 AENV Water Shortage Management The department s water management response is broken into the following stages: Stage 1 Normal operations; monitoring for water shortage potentials in water management areas, preparing for water shortages. Stage 2 Priority called in a Water Management Area, water shortage response in Water Management Area. Stage 3 Large scale water shortage with risk to the majority of household users/licensees/traditional agricultural users across multiple water management areas of the SSRB or the entire SSRB. Stage 4 Due to unforeseen circumstances that could not be mitigated, the Lieutenant Governor in Council may consider declaring an emergency. Operation details pertaining to the aforementioned stages are outlined in the subsequent sections. 2.2 Water Shortage Command System The department will manage water shortages as outlined in the roles and responsibilities, which are referenced in the Water Shortage Command System in Section 8.2. This system outlines which people are responsible for various components of the department s Water Shortage Command System. Page 7

10 3.0 Stage 1 Water Shortage Management Stage 1 Water Shortage Management occurs when one or more of the following conditions apply: The rate of flow and potential for water storage, at any place, is less than median in the water management area; The water supply outlook from Flow Forecasting indicates there may be potential water shortages in an affected water management area; Water users are able to divert, however, there is an elevated risk of a priority call or risk of failure to meet apportionment requirements. 3.1 Stage 1 Water Shortage Management - Observation and Preparedness a) A seasonal water supply outlook provided by Flow Forecasting Center indicates below normal seasonal water supply. b) Stream flow within the Water Management Area is monitored daily by Flow Forecast Center, regional approvals staff and hydrologists and Water Management Operations. c) WS Planning Section calculates the sum of all potential diversions in the affected area to 100%, 75% and 50% of licensed allocation. Licence allocation/demand is compared to the short-term predicted natural flows. Basin lists and other licence and registration data will come from the SSRB Portal. d) Any minimum flow requirement (WCO, IO, etc.), whether founded in statutory, policy or licence criteria, that minimum flow is added to the 100% net diversion capacity figure noted above. Whenever natural flow in the basin exceeds 100% net diversion, which includes WCO licences and minimum flow requirements, no further action is taken beyond recording flows. e) When natural flows are below the 100% net diversion capacity plus minimum flows, (or will be within 5 days due to weather patterns and/or demand patterns), further steps are taken by: Monitoring staff to: i) Check stream flow stations for accuracy; ii) Inspect tributary flows to quantify inflow where stream gauges not present; iii) Obtain necessary flow information requested by regional hydrologist and flow forecasting center; Page 8

11 WS Planning Section to: iv) Contact licensees, when deemed necessary by the District Approvals Manager, to determine predicted short term (5 day) forecasted water requirements; v) Contact other departments, such as Alberta Agriculture, to provide modelling support; WS Information Section to: vi) Develop and implement a communications plan for the affected area, which includes the WPACs; WS Compliance Section to: vii) Inspect licensed project for compliant use of water. f) When it is evident that the projected demand, or amount allocated if projected demand is not available, plus minimum flow will exceed supply within a week's time, a list of licensees is provided by Approvals. This information includes project locations, priorities, diversion rates and conditions that limit diversion, such as minimum flow restrictions and allocation withdrawn to date. g) The status of department-owned storage projects in the Water Management Area is reviewed by Water Management Operations. Options for release of water according to the operating plan for each project are discussed with the project operators (or a request is made to stop diverting stream flow into storage). Projects are operated as per operation and diversion plans. Opportunities for releases of water shall be discussed by Water Shortage Command Committee. h) The Water Management Operations Managers and District Approvals Managers to discuss opportunities for conservation measures with licensees with large diversions, such as the Irrigation District, TransAlta, Municipalities, etc. Updates of the water supply/demand situation shall be forwarded on a regular basis. i) The WS Information Section contacts licensees/ traditional agricultural users and municipalities about measures to alleviate the potential water shortage and implementing their Water Shortage Response Plans and/or Municipal Water Assignment Portfolios. If deemed necessary by the WS Information Section, media releases about the severity of the water shortage can be sent out to help educate the public. The message would be prepared and released by Communications. j) The District Approvals Manager will consider suspending or cancelling, using Section 64, all active Temporary Diversion Licence holders in the affected water management area and refuse to issue any new Temporary Diversion Licences. k) The District Approvals Manager will inform the Trans-Boundary Water Policy Section and the department s representative on the SSRB Intrabasin Water Coordinating Committee of the conditions in the Water Management Area(s). Page 9

12 4.0 Stage 2 Water Shortage Management Stage 2 Water Shortage Management occurs when conditions degrade in the affected water management area from Stage 1. The criteria that may trigger the department to commence Stage 2 operations are: The department received a priority call from a licensee, traditional agricultural users and/or household users. The receipt of a priority call may require the department to administer priority to a portion or all of a Water Management Area. A priority call can occur when household users, licensees or traditional agricultural users are not able to receive their full allocation allotted under the Water Act. If the priority call is determined to be valid, WS Planning Section and Flow Forecasting work together to determine the natural flows and predict short term (5 days) future flow levels. Under Section 32 of the Act, if a dispute with respect to the order in which water is to be diverted arises, the Director may administer priority. In order to assist AENV staff in the administration of priority, the following are a set of procedures that can be utilized during a priority call. 4.1 Stage 2 Water Shortage Management - Priority Call Assessment a) Receipt of priority call from a household user, licensee, traditional agricultural user. i) District Approvals Manager will determine if a dispute over the order in which the water is accessed is valid and whether administering priority is an appropriate response and will provide a remedy: A) Staff can utilize the Priority Call Questionnaire in Section 8.4; B) Other alternatives that the licensee may undertake, such as temporary measures, water conservation measures or activating water shortage response plans, must be considered before the District Approvals Manager will administer priority. ii) iii) The District Approvals Manager will document the steps taken to determine the validity of a priority call. If the priority call is determined to be valid, the District Approvals Manager will inform the Water Shortage Command Committee and proceed to the subsequent steps. Page 10

13 b) If possible, the District Approval Manager may address or facilitate measures that result in the withdrawal of the priority call. c) The District Approvals Manager and Water Management Operations Manager assess the diversions in the water management area and if any government owned reservoir/storage can be used to resolve the dispute. d) The WS Planning Section determines what flows are available, how much allocated flow must be released downstream and consider whether administration of priority is the best course of action. The following may be considered in the assessment of flows: i) All diversions with a priority number are identified upstream of the priority call using Alberta Environment databases/websites and the SSRB Portal; ii) iii) iv) Travel time; Channel loss and evaporative loss; Instream objectives, minimum flows, water conservation objectives, apportionment, etc.; v) If a licensee is diverting, Approvals must attempt to determine or estimate how much and at what rate; vi) vii) If priority call will make a difference to the licensee (would they actually receive the water), and, therefore, should the Director administer priority; When requested by WS Planning Section, monitoring staff will obtain necessary flow information requested by regional hydrologist and flow forecasting center. e) The District Approvals Manager will update the Trans-Boundary Water Policy Section and the department s representative on the SSRB Intrabasin Water Coordinating Committee. f) WS Planning Section assesses the priority call and the District Approval Manager determines that administering priority is the appropriate course of action. i) The District Approvals Manager will document the decision to administering priority. Page 11

14 4.2 Stage 2 Water Shortage Management - Administration of Priority a) If priority call requires administration of priority, Water Shortage Command Committee establishes its Water Shortage Command Centre. b) The District Approvals Manager will suspend or cancel, using Section 64, all active Temporary Diversion Licence holders in the affected water management area and refuse to issue any new Temporary Diversion Licences. c) The District Approvals Manager will suspend or cancel any temporary diversions under the Code of Practice for the Temporary Diversion of Water for Hydrostatic Testing of Pipelines. d) The District Compliance Manager considers issuing Water Management Orders to all known users that have no priority, under Section 19, Schedule 3 or otherwise unauthorized to divert water. e) The District Approvals Manager may identify opportunities for the implementation of agreements to assign water as outlined in Section 33 of the Act. f) District Compliance Manager may request a copy of assignments from licensees in the affected area. g) WS Planning Section identifies licensees in the water management area upstream of priority call with licence conditions that restricts the diversion of water at the time (minimum flow, time restrictions, etc.) and WS Compliance Section contacts licensees to ensure compliance and enforce licence conditions. h) WS Planning and Compliance Sections administer priority to junior licensee and registrations: i) If deemed necessary by the District Approvals Manager, WS Planning and Compliance Sections work together to determine if the licensee, traditional agricultural user or household user are diverting water. ii) iii) iv) WS Planning Section determines the most junior priorities that are diverting upstream of the licensee/registrant calling priority. Decision to whom and how much to reduce the diversion of water is determined by the WS Planning Section. District Compliance Manager or, in the field, the Compliance Inspector, will issue Water Management Orders to reduce or cease diversion of water to those junior priorities as determined in ii). District Compliance Manager will continue to issue Water Management Orders to additional junior licensees until senior licensee s water Page 12

15 demand is met, water conditions improve, all available water is allocated or there is insufficient water for any diversion. v) Administration of priority will be conducted in accordance with the Compliance Operational Statement. vi) vii) Priority cannot be administered on water that is legally stored before the priority call. A licence holder or registrant would not be required to release stored water as long as the water was diverted in accordance with their licence, and they can demonstrate that the water was stored prior to the priority call. Environmental Law Section will provide support with interpretation of licences, legislation and obligations under apportionment. i) During priority calls, the District Compliance Manager will organize comprehensive and regular inspections of the water management area to provide a Department visual presence and enforce water management orders and licence conditions. j) If multiple priority calls are likely, the WS Planning Section will determine a priority cut off date based on the available supply and licensed/registered allocations. WS Compliance Section will administer priority to all licences and registrations with priority date junior to the cut off date. k) The WS Information Team continues to update and implement the communications plan, which includes the WPAC(s). l) When supply or demand conditions improve, the WS Planning Section will inform WS Operations Section of water shortage conditions and the District Compliance Manager will review and/or rescind the enforcement measures in place. m) The water shortage situation is managed by the department until all licensees, traditional agricultural users or household users receive the water entitled under the Water Act or their authorization. i) WS Planning will continue to assess the situation; ii) iii) WS Planning will update Water Management Operations, WS Compliance Section, WS Information Team and WS Command Committee, Trans-Boundary Water Policy Section and the Department s representative on the SSRB Intrabasin Water Coordinating Committee; Once the water shortage is determined to be complete by WS Planning: A) WS Command Committee will verify the operation is complete; B) WS Command Committee will debrief all applicable staff with respect to the department s response; Page 13

16 C) The WS Command Committee will document the department s response and make recommendations for future water shortages; and D) WS Information Team will inform the water users as per the communication plan. Page 14

17 5.0 Stage 3 Water Shortage Management Stage 3 Water Shortage Management occurs when conditions in the water management area(s) degrade to a point where: the water shortage impacts multiple water management areas; the majority of licensees/traditional agricultural users/household users in the water management areas are impacted and are unable to divert water; the water shortage persists or is projected to persist. 5.1 Stage 3 Water Shortage Multiple WMAs a) Stage 3 water shortage management involves multiple water management areas. Water Management Operations, WS Compliance, WS Planning and WS Information Sections will continue with the procedures as outlined in Stages 1 and 2 and may use a combination of the water shortage procedures outlined in Stages 1 and 2, as deemed necessary by the WS Command Committee. b) In addition to the communication plans, the WS Information Section meets with WPACS and water user groups in the affected water management areas to discuss issues, provide information on water availability, advice on water conservation practices, and consider apportionment issues and water sharing from department owned storage when possible, if applicable. c) The WS Command Committee seeks advice from the SSRB Intrabasin Water Coordinating Committee on water shortage management strategies specific to the South Saskatchewan River Basin, and the department considers the advice in the development of an implementation plan. d) WS Command Committee works with Water Management Operations to manage department works in a manner that meets the province s obligations under apportionment. It also considers: i) the projects ability to meets its water management objectives and the conditions of the licence(s); ii) future storage of water; iii) releases of stored water to assist household users, licensees, traditional agricultural users; iv) releases of stored water for the protection of a natural water body and its aquatic environment, management of fish and wildlife or protection of tourism, recreational, transportation or waste assimilation uses of water; and v) other purposes deemed important by the department or the SSRB Intrabasin Water Coordinating Committee. Page 15

18 e) Inform ASERT and Emergency Management Alberta about the status of the water shortage: i) If additional assistance is required, ASERT may provide resources as deemed appropriate by the ASERT Director and the WS Command Committee. f) If water shortage persists or is projected to persist, WS planning section will develop long term water shortage strategies. These strategies will be developed with input and support from WS Compliance, Water Management Operations, WS Information Team, Trans-Boundary Water Policy Section and SSRB Intrabasin Water Coordinating Committee. g) If requested by WS Command Committee and supported by the ministry(ies), staff from other regions, divisions and/or departments may be temporarily reassigned to assist in the department s response to the water shortage in a specified area of the province. Page 16

19 6.0 Stage 4 Water Shortage Management Stage 4 Water Shortage Management is considered and implemented when there are unforeseen circumstances, such as: Elevated risk to human health and safety due to insufficient water supply; Elevated risk to human health and safety due to water quality degradation as a result of insufficient flow to dilute effluent releases to a water body; Elevated stress on the health of the aquatic environment to a point where fish mortality occurs; Municipality(ies), water user(s) and Alberta government departments have been unable to address the extent and magnitude of the water shortage; Licensees have implemented Water Shortage Response Plans and, if available, Sector Water Use Standards; and The issues can be solved or improved by such a declaration and issuing of orders, which may suspend licences or registrations and designate water use. 6.1 Stage 4 Water Shortage Declaring an Emergency under the Water Act a) If the water shortage meets the criteria as outlined above, WS Command Committee will consult with WPACs and SSRB Intrabasin Water Coordinating Committee. b) The WS Command Committee will consider recommending to the Lieutenant Governor in Council that an emergency be declared under the Water Act. i) Declaring an emergency should not apply when other options are or were reasonably and practically feasible to avoid the situation. Recommending that an emergency be declared should only apply during circumstances that could not have been predicted and mitigated by the affected party. c) WS Command Committee prepares the order in council and recommendations to be present to the Minister. d) The Lieutenant Governor in Council may consider declaring an emergency under the Water Act. Declaring an emergency would provide the department with additional legislative tools to assist in managing the emergency. e) WS Command Committee will adjust the water shortage management system, as outlined in Stages 1, 2 and 3, in order to implement the declaration of the emergency. Page 17

20 7.0 Review of the Plan Review of the plan shall be initiated by the WS Command Committee: Annually; and After water shortage events. Page 18

21 8.0 Appendices Page 19

22 8.1 Glossary of Terms AENV ~ Alberta Environment Master Agreement on Apportionment ~ Schedule A of the 1969 Master Agreement on Apportionment for the South Saskatchewan River between Alberta and Saskatchewan allows Alberta to "divert, store or consume" from the river system each year, a volume of water equal to one-half of the apportionable flow of the South Saskatchewan River at the Alberta-Saskatchewan boundary. The remaining volume of flow must be allowed to pass downstream into Saskatchewan. The exception to this general rule is that Alberta is entitled to divert, store or consume a minimum of 2.1 million-acre feet in any year. The effect of this exception is that during years when the volume of natural flow is less than 4.2 million-acre feet (a rare occurrence), Alberta may pass less than one-half of the apportionable flow to Saskatchewan. If at any time during a year Alberta wants to divert, store or consume more than half the apportionable flow, a flow rate of 1,500 cubic feet per second (cfs) must be maintained at the Saskatchewan border, unless the natural flow is less than 3,000 cfs, in which case half the natural flow must be passed. (There is no policy in Alberta as to the amount of water each sub-basin of the SSRB must contribute to the Saskatchewan apportionment.) Instream Objectives ~ Regulated flows that should remain in the river via dam operations or as a restriction on licences. Below dams, Instream Objectives are in place in throughout the SSRB, although some offer only limited protection of the aquatic environment. Instream Objectives have usually been set in response to fish habitat instream needs and/or water quality. SSRB ~ South Saskatchewan River Basin. The South Saskatchewan River Basin includes the sub-basins of the Red Deer River, Bow River, and Oldman River (including the South Saskatchewan). SSRB Intrabasin Water Coordinating Committee ~ This committee has representatives from the WPACs and Alberta Environment and is responsible for preparing an operations plan to guide the decision making needed for Alberta to meet the Maser Agreement on Apportionment. Water Conservation Objective (WCO) ~ Means the amount and quality of water established by the Director, based on information available to the Director, to be necessary for the: (i) protection of a natural water body or its aquatic environment, or any part of it; (ii) protection of tourism, recreational, transportation or waste assimilation uses of water; or (iii) management of fish or wildlife, and may include water necessary for the rate of flow of water or water level requirements. Water Management Areas (WMA) ~ Water Management Areas are identified as geographical areas with a common drainage system or river watershed, which exhibits characteristics of water flow, water use or other issues that are significant enough to identify a need for a water administration directive. WMAs are an area established by the Director for the purposes of administering priority to divert water, groundwater management, temporarily assigning water under Section 33, directing that the diversion Page 20

23 of water for household purpose cease, directing that applications for licences are not to be accepted and any other matter specified in the regulations. Watershed Planning and Advisory Council (WPAC) ~ Are multi-stakeholder groups that provide a means for Albertans to become more involved in maintaining safe, secure water resources in Alberta s major river basins. In the SSRB, WPACs include the Bow River Basin Council, the Oldman Watershed Council, and the Red Deer River Watershed Alliance. WS Command Committee ~ Water Shortage Command Committee consists of AENV staff members from Approvals, Water Management Operations and Compliance and is responsible for providing guidance and direction to staff on water shortage management. The roles and responsibilities of this committee are outlined in Appendix 8.2. WS Compliance Section ~ Water Shortage Compliance Section consists of AENV staff members from Compliance. The roles and responsibilities of this section are outlined in Appendix 8.2. WS Planning Section ~ Water Shortage Planning Section consists of AENV staff members from the Approvals and Regional Environmental Management. The roles and responsibilities of this section are outlined in Appendix 8.2. Page 21

24 8.2 Water Shortage Command System Page 22

25 Water Shortage Command System Alberta Environment Executive Team Other Government of Alberta Ministries Other Department Services ASERT Environmental Law Water Shortage Commander Regional Director Apportionment Matters and Factors Trans-Boundary Water Policy Section Head Water Management Matters and Factors SSRB Intrabasin Water Coordinating Committee WPACS Water Shortage Command Committee Southern Operations Manager Regional Approvals Manager Regional Compliance Manager Water Management Operations Section Chief Basin Operations Manager WS Compliance Section Chief District Compliance Manager Water Shortage Planning Section Chief District Approvals Manager WS Information Section Chief Priority Issues Coordinator Flow Forecasting Director Flow Forecasting Team Lead WMO Staff Monitoring Director Water Monitoring Team Lead Compliance Staff Approvals Staff Regional Hydrologist Regional Environmental Management (Environmental Modelling and GIS) Communications, Regional Environmental Management, Approvals, and Compliance Staff Flow Forecasting Staff Monitoring Staff Page 23

26 Table 1: Water Shortage Positions, assigned AENV Personnel and roles Title AENV Personnel ROLES Water Shortage (WS) Commander Regional Director Provide updates to AENV Executive Provide direction from AENV Executives to Regional Staff Ultimate decision maker if consensus not reached at WS Command Committee Water Shortage (WS) Command Committee Apportionment Matters and Factors Other Department Services Water Shortage Compliance Section Water Shortage (WS) Compliance Section Chief Southern Operations Manager Regional Approvals Manager Regional Compliance Manager REM Manager Trans-Boundary Water Policy Section Head ASERT Environmental Law Section District Compliance Manager Provide integrated objectives for water shortage management to sections Utilize the procedures outlined within this plan Make any additional decisions required pertaining to water shortage management outside of this plan Provide advice and guidance on water shortage management in a manner that ensures that the obligations under apportionment are met Provide support and advice to the Region(s) Organize compliance staff to enforce administration of priority, water management orders, licence conditions, etc. Issue water management orders Coordinate efforts with WS Planning Section Chief Compliance Staff Compliance Staff Work with WS Planning Section to determine how to administer priority Enforce administration of priority, water management orders, licence conditions, etc. Issue field water management orders when required Administration of priority will be conducted in accordance with Compliance Operational Statements WS Information Section Information Team Section Chief Priority Issues Coordinator Lead the development and implementation of communication plans during water shortages Information Section Approval, Communications, Compliance and Regional Develop and implement basin communications plans during water shortages Environmental Management Staff (will consist of staff from other sections) Water Shortage Planning Section Water Shortage (WS) Planning Section Chief District Approvals Managers Coordinating staff in order to provide the planning and analysis required during a water shortage and, if required, assessment of how priority is to be administered Coordinate efforts with WS Compliance Section Chief Environmental Modeling Team Environmental Modeller Provide short and long term modelling support to the WS Planning Section Approvals Staff Approvals as indicated in Contact List Receive and assess any priority calls Determine whether administration of priority is appropriate response Maintain priority list and provide assessments on how to administer priority and water usage in the affected area Page 24

27 Regional Hydrologists Hydrologists as indicated in Contact List Work with Flow Forecasting, Environmental Modelling, Monitoring Staff, and Approvals to determine the water supply and demand in the affected areas Provide technical advice on administration of priority Water Management Operation (WMO) Section Water Management Operations Section Chief Operations Manager Manage the department s infrastructure operations Provide flow information to other sections WMO Staff WMO Staff as indicated in Contact List Management of department owned works as per operation and diversion plans and as directed by the basin operations manager Flow Forecasting Director Flow Forecasting Team Lead Coordinate flow forecasting analysis and water supply outlook Work with WS Planning Section to provide flow information and analyses Flow Forecasting Team Flow Forecasting Staff Provides seasonal water supply outlooks and work with the WS Planning section to monitor stream flows in the affected water management areas Provide information and support to WS Planning Section Monitoring Director Water Monitoring Team Lead Lead the monitoring program to provide water quantity and quality information as required by WS Command Committee, Flow Forecasting and regional hydrologists Monitoring Team Monitoring Staff as indicated in Contact List Monitor affected water bodies as directed by the Monitoring Director. Page 25

28 Table 2: Section Role Assignments. The table outlines the responsibilities of each section for each stage of the plan. It is assumed that any activities started in an earlier phase will continued throughout other water shortage stages as required Position WS Command Committee WS Compliance WS Information WS Planning Water Management Operations Stage 1 Inform all Section Chiefs of water shortage and instruct them to begin implementing the SSRB Water Shortage Operations and Management Plan Provide assistance to WS Planning Section, WS Information Section, and WMO, where requested Develop and implement communications plan specific to the water shortage using the framework for developing a communication plan (Section 8.5) Monitor and assess water supply and demand in areas of concern identified by the water supply outlook WS Command Committee and those identified in the plan are updated if conditions deteriorate Priority lists are verified and updated Flow forecasting centre provides Water Supply Outlook and assists regional staff in assessing flows Monitoring staff provide flow information to flow forecasting, hydrologist and environmental modelers WMO assesses the operation of Department owned work and opportunities for releasing additional flows downstream Stage 2 Provide guidance to Section Chiefs were applicable Work with WS Planning to administer priority Complete enforcement through the issuance of water management orders and other enforcement tools Complete activities in accordance with Compliance Operational Statement Implement and revise communications plan Receive and assess priority calls Determine if administering priority is the appropriate response WS Command Committee informed if priority to be administered Identify and assess which water users to administer priority Work with WS Compliance to administer priority Water Management Operations to ensure that the Province s obligations under Apportionment are met and consider other water shortages management options using Department storage Stage 3 May seek the advice of the SSRB Intrabasin Water Coordinating Committee Provide guidance on specific water shortage management strategies to WS Planning, WS Compliance, WS Information and Water Management Operations Work with Water Management Operations to ensure that the Continue to manage water shortage as outlined in Stage 1 and 2 and as per the guidance of the WS Command Committee Revise and continue to implement communications plan Continue to manage water shortage as outlined in Stage 1 and 2 and as per the guidance of the WS Command Committee Continue to manage water shortage as outlined in Stage 1 and 2 and as per the guidance of the WS Command Committee Page 26

29 Province s obligations under Apportionment are met and consider other water shortages management options using Department storage Inform ASERT and Emergency Management Alberta Stage 4 Consult with SSRB Intrabasin Water Coordinating Committee and the WPACs Consider recommending to the Lieutenant Governor in Council that an emergency be declared If emergency is declared under the Water Act, adjust water shortage management system in order to implement the declaration of the emergency and provide direction to Section Chiefs Post Water Shortage Debrief staff Document events and provide recommendations Review and update of the Plan Administer and enforce the Water Act and water management orders as directed by WS Command Committee under the revised water management system With direction from WS Command Committee, revise and implement communications plan Administer the revised water management system as directed by WS Command Committee Manage department owned works as per the guidance of the WS Command Committee in the implementation of the declaration of the emergency Page 27

30 Page 28

31 8.3 Recommendations for Water Shortage Preparedness Page 29

32 Recommendations for Water Shortage Preparedness The department must make a number of water management decisions prior to a water shortage or priority call. These decisions will prepare the department for managing a water shortage and may reduce the potential impacts on household users, traditional agricultural users and licensees, the aquatic environment and other department obligations. Recommendations for Water Shortage Management Preparedness Licences and Registrations Water Shortage Response Plans In order to limit and mitigate the impacts of water shortage and/or priority calls on licences, Regional Environmental Management Community Relations Officers, with support of regional approvals staff, shall encourage licensees to develop water shortage response plans if not already required as a condition of their licence. A guidance document entitled Guidance Document for Preparing Water Shortage Response Plans, for licensees/traditional agricultural users is available in Appendix F in Section 9.6. The Regional Environmental Management Education and Outreach Manager, with support from the Region Approvals Manager and the SSRB Implementation Team, shall develop a strategy for engaging licensees to develop water shortage response plans. With support from the SSRB Implementation Team, regional staff shall develop a strategy to promote municipalities to develop Municipal Water Assignment Portfolios. In addition to water shortage response plans, the portfolios shall include other water shortage measures. Identify all licensees that will most likely be affected during a water shortage and/or priority call, such as municipal water systems, and prioritize based on priority number, allocation, etc. Meet with municipalities, water co-ops and irrigation districts with junior priorities to discuss what they can do to protect themselves in a priority call: Onsite storage; Agreement with senior licensees who can provide an assignment during a priority call; Provide information on conservation measures that can be implemented; Encourage all licensees to develop formalized water shortage response plans for their own use during such times. This will include water conservation measures, as well as measures to ensure they are responsible for knowing flows, pump rates and if they are meeting the flow restrictions on their licences. Develop a communication plan to promote Water Shortage Response Plans with all licensees. Page 30

33 Meet with water users to discuss measures that can be implemented during the administration of priority. Annual information sessions with household users, licensees and traditional agricultural users to discuss assignments, water shortage response plans, conservation measures and the department s Water Shortage Management Plan. Place information regarding Water Shortage Preparedness on the AENV website Water Shortage Response Plans, water conservation measures, etc. Flow Forecasting Flow Forecasting is responsible for providing monthly water supply outlook reports for the Department, it is also responsible for providing 7-day projections of natural, apportionable and actual flows. In order to facilitate the sharing of information during critical shortages of water, the region and Flow Forecasting shall establish a formalized relationship to disseminate pertinent flow information required by the regions in their assessments for administering priority and ensuring apportionment is met. The District Approvals Managers, Flow Forecasting Team Lead, and Environmental Modelling Team Lead will develop a system that eases the transition of information so the region has the most accurate and up to date information available. Establish a formalized relationship between regional hydrologists, Environmental Modeling and Flow Forecasting staff; Develop a formal system that ensures excellent communication between divisions during periods of water shortage so that information is communicated effectively. Major Water Users Approvals staff will identify the water users in the sub-basins and those water users with significant diversions under their licence within major sub-basins, such as Irrigation Districts or Municipalities. Once identified, the District Approvals Manager and Water Management - Operations Manager will encourage and develop an understanding with major water users of actions they can implement during a priority call. This understanding and agreement must be accomplished well before a priority call. During a predicted or actual water shortage, Water Shortage Operations Section will contact major water users and discuss what options can be implemented to alleviate the possible strain of a water shortage. Contact lists of major licences and municipalities will be developed for each designated Water Management Area in the SSRB as part of the development of Water Management Areas. In the Bow sub-basin, Water Management Operations currently meets annually with the irrigation districts, TransAlta and the City of Calgary and will facilitate these discussions. In the Oldman sub-basin, Water Management Operations meets either weekly or annually with the major water users in the sub-basins, such as the irrigation districts. Page 31

34 Water Management Decision Support Alberta Environment currently uses the Water Resources Management Model (WRMM), when modelling river flows and water allocations. This information, in conjunction with Naturalized Flows using the Hydstra model, is used in making water management decisions. Due to the number of licences and registrations and complexity of administering priority across a large sub-basin, WRMM, in its current form, is unable to be used as an effective tool for administering priority. In order to better assist the department in administering priority, the Environment Modelling Team will work with regional staff to enhance the modeling capabilities to assist in effective water management assessments during water shortages. The SSRB Water Management Plan Implementation Team, regional hydrologist, Regional Environmental Management and the Environmental Modelling Team are currently working to develop this system. Water Shortage Management Logistics During times when priority must be administered, time and resources will be valuable. In order to prepare and maximize resources during the administration of priority, the department will prepare template documents and general information packages, including: Communications package for media releases and water users (household users, licensees and traditional agricultural users) prepared and maintained by Approvals staff; Information on conservation measures, Water Shortage Response Plans, etc. prepared by SSRB Water Management Plan Implementation Team; Information Letters to licensees and traditional agricultural users prepared by Approvals staff. In order to communicate to the public the severity of water shortage, a water shortage warning system similar to a flood warning system shall be developed. Water shortage warnings will be communicated for each water shortage stage outlined in this plan, and the information released through the Flow Forecasting Centre. This system can be used as a tool to provide public awareness as to the severity of water shortage in a given reach and the water conservation actions that licensees and individuals can undertake. The feasibility of the system will be explored and possibly developed by the SSRB Water Management Plan Implementation Team in support with Flow Forecasting Team. In order to ensure effective administration of priority, District Approvals Managers must ensure that the information in the department s Environmental Management System and basin lists are verified and updated to reflect the information on file. Water Use Information The department currently receives water use information via the AENV Water Use Reporting System website and through paper submissions to the district office. The current level of Page 32

35 reporting in either format is minimal and does not provide sufficient information to use in water management modelling. To effectively manage water in the SSRB, the department must obtain accurate and timely water use information. Accurate and near real time water use information will increase the department s capacity to effectively manage water during a water shortage situation. In particular, the information is required to conduct a demand assessment vs. the natural flows to determine if water shortage management procedures need to be initiated. The department, specifically SSRB Water Management Plan Implementation Team and regional offices, is currently working on developing: Water use reports in real time; and Water meter pilot project. Other initiatives to examine: Enforcement of water use reporting; Implementation of more frequent (daily) water use reporting during periods of water shortages; Mandatory reporting for all licensees in the SSRB; If successful, expand the water meter project to the SSRB. WCO Priority Calls During situations where the flows in the river do not meet WCOs licences (or minimum flow, IO, etc), the department or another appointed organization may wish to call priority on the WCO licence to increase the amount of water available for aquatic needs. The SSRB Water Management Plan Implementation Team will develop procedures for how priority calls will take place with respect to Water Conservation Objective licences. The procedures should outline the following: Person(s) responsible for monitoring and maintaining the licence and calling priority; Procedures on how, when, why priority called on WCO licence; Criteria for calling priority on a WCO licence. Long Term Water Shortage Strategies During persistent water shortages, additional water management strategies may be required for the South Saskatchewan River Basin and particular Water Management Area(s). As outlined in the Approved Water Management Plan for the South Saskatchewan River Basin, the SSRB Intrabasin Water Coordinating Committee will provide advice to Alberta Environment on how to manage water during periods of water shortage. Long term advice and guidance from the Committee will be included as an addendum to this plan. The Intrabasin Water Coordinating Committee may also provide short-term situational advice. Page 33

36 In addition to meeting with the Intrabasin Water Coordinating Committee, the department, specifically the WS Information Section, will meet with the Watershed Planning and Advisory Councils to discuss long term water shortage management within the watershed and specific measures that the councils recommend. The Watershed Planning and Advisory Council recommendations may be implemented by Alberta Environment or by the councils and their members. Reservoir management of department owned works will be critical in the management of water resources with respect to assisting licensee, traditional agricultural user and household user demands, obligations under apportionment and meeting minimum flow requirements. The Regional Approvals Manager and Water Management Operations Manager will work together with the Trans-Boundary Water Policy Section on making decisions with reservoir management. Page 34

37 8.4 Priority Call Questionnaire Page 35

38 Caller Name: Licence #/Registration #/Household: Phone Number: Address: Source of Supply: Point of Diversion: Why is the person calling priority? Priority Call Questionnaire Insufficient Water Supply (low water levels or flows) Water Intake is exposed Problems not related to water flows/levels (infrastructure malfunction, etc.) Other: Prior to the dispute or water shortage, the works of the person claiming priority was adequate to divert the water to which the person has a priority: Yes No Comments: What other measures has the water user considered to alleviate the water shortage (e.g. using stored water, using a temporary pump, implementing water conservation measures)? What measures has the water user taken to obtain water by other means or to reduce water demand? Does the priority call require the administration of priority by the department? If required, what are the water user s short term needs (5 days requirements) and how much water is required per day? Is there a sector water standard and has the water user met the standard? Will administration of priority provide a remedy with respect to priority? Page 36

39 8.5 Water Management Orders Page 37

40 ENVIRONMENT WATER ACT BEING CHAPTER RSA 2000, c. W-3 (the Act ) WATER MANAGEMENT ORDER NO. (Issued by the Director pursuant to section 97(1)(a) of the Act) TO: (NAME OF PERSON TO WHOM ORDER IS DIRECTED) OF: (ADDRESS) (the Party ) The works of the Party are located at: (LAND LOCATION OF THE WORKS) (MUNICIPALITY/COUNTY) The Party has the authority to divert water from (the Source ) (SOURCE(S) OF THE WATER BEING DIVERTED) pursuant to a licence having Priority No.(s) (the Junior Priority ); A claim has been made for priority to divert water from the Source senior to that of the Junior Priority, as indicated on Alberta Environment ( AENV ) records (the Senior Priority ); IU, U, Manager, Region, have been appointed a Director under the Act for the purpose of issuing Water Management Orders pursuant to section 97(1)(a) of the Act (the Director ); I am of the opinion that the works of the Senior Priority are adequate to divert the water to which the holder of the Senior Priority is entitled; I am also of the opinion that based on the water flow forecasts and the actual volume of water in the Source, that there is insufficient water in the Source to permit the Party to divert any or all of the licenced volume of water from the Source pursuant to the Junior Priority; I am further of the opinion that the issuance of this Order will provide a remedy with respect to the claim(s) for priority to divert water from the Source; Page 38

41 Order No. Page 2 THEREFORE, I,, Director, pursuant to s. 97(1)(a) of the Water Act, DO HEREBY ORDER: (CHECK ONLY) 1. (a) UOR 1U (b)., WHICHEVER BEING APPLICABLE) 1. ( ) (a) The Party shall immediately cease diversion of all water from the Source pursuant to the Junior Priority, at the following land location(s): UOR ; ;. ( ) (b) The Party shall immediately reduce the diversion of water from the Source pursuant to the Junior Priority, to the following volume/rate at the following land location(s): to a volume/rate of ; (SPECIFY UNITS OF VOLUME/RATE) to a volume/rate of ; (SPECIFY UNITS OF VOLUME/RATE) to a volume/rate of. (SPECIFY UNITS OF VOLUME/RATE) 2. This Order shall be in effect from the date signed by the Director until, 200X, unless otherwise advised by the Inspector only in the circumstances of a change in the short-term supply of water at the Source, or as advised by the Director in writing for any or all circumstances within the Director s authority under the Act. Dated at, this th day of, 200X. Manager Region IF YOU FAIL TO COMPLY with this Order, you may be subject to one or more of the following actions: prosecution under the Water Act; or other enforcement proceedings under the Act, including a court order, enforcement order and/or an administrative penalty; this Order may be carried out by the Director and the costs recovered from you. Section 115 of the Water Act may provide a right of appeal against this decision to the Alberta Environmental Appeal Board (S. E. Hrudey, Chair). There may be a strict time for filing such an appeal. A copy of section 115 is enclosed. For further information, please contact the Executive Director and Registrar of Appeals at #306 Peace Hills Trust Tower, Street, Edmonton, Alberta, T5J 3S8; telephone: (780) ; fax: (780) Page 39

42 ENVIRONMENT WATER ACT BEING CHAPTER RSA 2000, c. W-3 (the Act ) WATER MANAGEMENT ORDER NO. (Issued by the Inspector pursuant to section 97(1)(a) of the Act) TO: (NAME OF PERSON TO WHOM ORDER IS DIRECTED) OF: (ADDRESS) (the Party ) The works of the Party are located at: (LAND LOCATION OF THE WORKS) (MUNICIPALITY/COUNTY) The Party has the authority to divert water from (the Source ) (SOURCE(S) OF THE WATER BEING DIVERTED) pursuant to a licence having Priority No.(s) (the Junior Priority ); A claim has been made for priority to divert water from the Source senior to that of the Junior Priority, as indicated on Alberta Environment ( AENV ) records (the Senior Priority ); I,, Inspector for the Region, have been appointed an Inspector under the Act for the purpose of issuing Water Management Orders pursuant to section 97(1)(a) of the Act (the Inspector ); I am of the opinion that the works of the Senior Priority are adequate to divert the water to which the holder of the Senior Priority is entitled; I am also of the opinion that based on the water flow forecasts and the actual volume of water in the Source, that there is insufficient water in the Source to permit the Party to divert any or all of the licenced volume of water from the Source pursuant to the Junior Priority; I am further of the opinion that the issuance of this Order will provide a remedy with respect to the claim(s) for priority to divert water from the Source; Page 40

43 Order No. Page 2 THEREFORE, I,, Inspector, pursuant to s. 97(1)(a) of the Water Act, DO HEREBY ORDER (CHECK 1 (a) UOR 1U (b)., WHICHEVER BEING APPLICABLE) 1. ( ) (a) The Party shall immediately cease diversion of all water from the Source pursuant to the Junior Priority, at the following land location(s): ; ; and. UOR ( ) (b) The Party shall immediately reduce the diversion of water from the Source pursuant to the Junior Priority, to the following volume/rate at the following land location(s): to a volume/rate of ; (SPECIFY UNITS OF VOLUME/RATE) to a volume/rate of ; (SPECIFY UNITS OF VOLUME/RATE) to a volume/rate of. (SPECIFY UNITS OF VOLUME/RATE) 2. This Order shall be in effect from o clock a.m./p.m. (CIRCLE A.M. OR P.M.) on day, the th day of, 200X, until o clock a.m./p.m. (CIRCLE A.M. OR P.M.) on day, the th day of, 200X (for a maximum of 96 hours), unless subsequently notified by the Inspector of an earlier expiry date/time. Dated at, this th day of, 200X. Inspector Region IF YOU FAIL TO COMPLY with this Order, you may be subject to one or more of the following actions: prosecution under the Water Act, or other enforcement proceedings under the Act, including a court order, enforcement order and/or an administrative penalty this Order may be carried out by the Director and the costs recovered from you. Section 115 of the Water Act may provide a right of appeal against this decision to the Alberta Environmental Appeal Board (S.E. Hrudey, Chair). There may be a strict time for filing such an appeal. A copy of section 115 is enclosed. For further information, please contact the Executive Director and Registrar of Appeals at #306 Peace Hills Trust Tower, Street, Edmonton, Alberta, T5J 3S8; telephone: (780) ; fax: (780) Acknowledgement of Receipt by Party I,, acknowledge that I have received a copy of this Order, and that the Order is in effect for the time specified in paragraph 2. Page 41

44 8.6 Declaring an Emergency under the Water Act Page 42

45 Declaring an Emergency under Water Act Introduction Section 107 of the Water Act gives the Lieutenant Governor in Council the legislated authority to declare an emergency related to water. Once such a declaration has been made, the Director may issue an order that suspends all or part of any approval, preliminary certificate, licence or registration. It is therefore necessary to define the circumstances that likely need to exist prior to the Lieutenant Governor in Council declaring an emergency. Discussion of Circumstances The decision by the Lieutenant Governor in Council to call an emergency when there is a water shortage situation is significant and will be carefully considered. The Lieutenant Governor in Council needs to be satisfied that the circumstances warrant calling an emergency and shall request whatever information the Lieutenant Governor in Council deems necessary. A number of tools are available under the Water Act that may be used in an effort to prevent calling an emergency. The Act has remedies that include but are not limited to the transfer and assignment of water. There are also a number of remedies available under the Environmental Protection and Enhancement Act that allows Alberta Environment to suspend or prevent the discharge of effluent. The local authority(ies)/water users/department should also have demonstrated that they have considered all available options and taken steps to deal with water shortages. Actions that a local authority/water users can take include water rationing, a ban on non-essential water use like lawn watering and accessing new sources of water. In cases where Water Shortage Response Plans have been developed, the local authority(ies) or water user must demonstrate they have implemented the procedures in their plan(s). In addition to the above, the Lieutenant Governor in Council must be satisfied there is no potential for improvement in the availability of water by any other means than declaring an emergency. Alberta Environment will provide water supply forecast and snowpack information so the Lieutenant Governor in Council may consider the likelihood of an improvement in the availability of water. Enabling Legislation Section 107 states: (1) The Lieutenant Governor in Council may, when satisfied that an emergency related to water exists or may exist, declare an emergency relating to all or any part of Alberta. (2) Notwithstanding anything in this Act or any approval, preliminary certificate, licence or registration under this Act, if an emergency has been declared under subsection (1), the Director may issue a water management order to any person: (a) suspending the operation of all or part of any approval, preliminary certificate, licence or registration, Page 43

46 (b) suspending a diversion of water, (c) designating the purposes for which, and volumes in which, water may be diverted or used, and (d) ordering or containing any of the measures or provisions referred to in section 99, with respect to the area of the province affected by the declaration. (3) Licensees or traditional agricultural users affected by a declaration under subsection (1) may be entitled to compensation for any losses incurred as a result of the order in the manner and amount that the Lieutenant Governor in Council considers appropriate. Declaration of an Emergency In declaring the emergency, the Lieutenant Governor in Council should: Identify the area of the province to which the declaration applies; Identify the time the declaration is in affect; and Provide guidance that the Director may consider prior to issuing orders. Once the declaration has been issued, the Director may issue orders that suspend the operation of all or part of any approval, preliminary certificate, licence or registration or suspend a diversion of water. An example of a Recommendation for Order in Council is available in Appendix G. Compensation Section 107(3) of the Water Act states that licensees or traditional agricultural users affected by a declaration may be entitled to compensation for any losses incurred as a result of the order in the manner and amount the Lieutenant Governor in Council considers appropriate. For each emergency declared, the Lieutenant Governor in Council will make a decision regarding the type and amount of compensation provided to those licensees or traditional agricultural users who incurred losses as a result of the order. Page 44

47 8.7 Recommendation of Order in Council Page 45

48 RECOMMENDATION FOR ORDER IN COUNCIL Minister making the recommendation: Honourable Rob Renner, Minister of Environment State Minister's name and the capacity in which the Minister is acting. (e.g., Minister of... or Acting Minister of...). Signature of D/M or person on whose advice the Minister is relying Minister's signature (not a stamp) Date submitted to the Minister Date Signed by the Minister DETAILS OF PROPOSED ORDER IN COUNCIL (O.C.) Authority Name and section of Act or Regulation Water Act, Chapter W-3.5 RSA 1996, Section 107 Ministerial Report (MR) # (if any) Other (If the O.C. is not authorized by an Act or Regulation, explain why it is needed) Drafting Instructions (Be specific. Use an additional sheet if necessary, 10 copies of any document UrequiredU to be attached to the signed O.C. must be attached to this recommendation.) Under Section 107 of the Water Act, the Lieutenant Governor in Council may, when satisfied that an emergency to water exists or may exist, authorize the Minister to declare an emergency relating to all or any part of Alberta. Licensees or registrants affected by a declaration of an emergency may be entitled to compensation for any losses incurred as a result of the order in the manner and amount that the Lieutenant Governor in Council considers appropriate. n Are there any legal conditions that must be met before the O.C. is made? Yes No - If yes, have the conditions been met? Yes No n Is the O.C. required to be filed as a regulation? Yes No n Is the O.C. sensitive or controversial? Yes No n Has a Regulation Impact Report been approved? Yes No Not Required Summary: Provide a brief summary of the proposed O.C. that can be used to prepare the Cabinet Order in Council Agenda The Water Basin is experiencing a water deficit due to natural flow conditions as forecasted. A municipality is not able to sustain a basic demand of water, the major water users are requesting an emergency declaration, priority calls are being made, large numbers of fish kills are occurring and the instream objectives are consistently not being met. O.C. s/alta Regs to be amended O.C. s/alta. Regs to be Rescinded/repealed Contact Person: David L. Ardell Telephone No. (403) Fax No. (Name of person who can provide details about the proposed O.C.) (403) Treasury Executive Council: Reviewed by Date Coded Standing Policy Committee: Legislative Counsel Page 46

49 8.8 Guidance Document for Water Shortage Reponses Plan Page 47

50 Guidance Document Preparing Water Shortage Response Plans Environmental Management Southern Region Calgary, Alberta Page 48

51 Overview: Water Shortage Response Plan: The priority of water use in Alberta is based on a first in time - first in right principle. While water allocations are often related to the amount of natural flow in streams, the water availability to an applicant (or licensed user) depends on various factors including actual flow at any given time, flow needs for aquatic environment and applicant s priority in the Alberta water licensing priority system. Since river flow, weather and user requirements can vary, the priority system becomes the only tool that regulates the amount of water licensees can access. Licences can be issued for water use in periods of low flow because there may be relatively high flow events where more licensees could use water. Water users normally need a long- assured supply with predictable availability. In situations where a water shortage term occurs, the Water Act has provisions to allow existing licensed water users to either call priority (Section 30) or share water (Section 33) via an assignment agreement. Under such situations, Alberta Environment initiates Water Mastering. The Water Act anticipates risk to users could be too great in some situations. It permits Alberta Environment to refuse applications (Section 53) until the situation can be evaluated to minimize effects (risk) on users and the aquatic environment. This evaluation will likely include a Water Shortage Response Plan (WSRP). Surface water in the South Saskatchewan River Basin (SSRB) has already been significantly allocated. Given the current degree of surface water allocations and Water Conservation Objectives, new allocations (which will have the lowest priority in the system) have a higher risk for water being not available for prolonged periods of time. The situation will get worse during the low flow periods or periodic droughts. P urpose and Objective: This document provides a framework that will help the project proponent (water licence applicant) or the licence holder develop a WSRP. The WSRP will ensure: 1. the applicant or licence holder develops full appreciation of the involved risk to the intended purpose of water use. 2. all possible opportunities (to cope with water shortage) are considered and analyzed in advance. 3. the proposed activity is sustainable during water shortage periods. 4. applications will assist the designated Director in the decision process. 5. if a licence is granted, the WSRP becomes an operating plan recognized as a term and condition of the licence. W SRP Organization: The process described herein covers three steps: Step 1: Risk Assessment Step 2: Options for Dealing with a Water Shortage Step 3: Plan Implementation Page 49

52 Step 1: Risk Assessment The first step in developing a WSRP is to identify if a project is likely to have a water shortage. If it is likely to have a water shortage, then the magnitude and frequency of impending shortages needs to be characterized, enabling response development. Water allocation models can be used for assessing the degree of risk involved to the new applicant (junior licensee). The water allocation model should be constructed as realistically as possible by incorporating the following inputs in to the model: Physical data (infrastructures, river reaches, tributaries, etc.) Water licensing data (including their priorities, restrictions, etc.) Instream flow conditions on the licence (minimum flows, IOs, WCOs, etc.) Historical natural flow data Other data (evaporation and precipitation data to account for losses from storage; operating policies for structures, etc.) In reality, it is very difficult to estimate the projected magnitude of a shortage because of the difficulty in estimating available future supplies. However, a deterministic modeling approach can be used. This approach is based on the premise that the performance of the system over a lengthy period of recorded conditions includes representative flood and drought periods and provides an insight into how well the system will perform in the future. Here, underlying assumptions are that statistical characteristics of the basin hydrology will be preserved in the future and past recorded hydrology is expected to occur again in the future. With the help of water allocation simulation modeling you will be able to determine whether you are going to have a water shortage or not. In case of a water shortage, you should be able to quantify your water shortages in terms of magnitude (how much) and frequency (how often it is likely to occur). Water allocation modeling can become very complex depending upon the system/basin. Moreover, modeling outputs need to be further analysed in detail for potential risk assessment. Considering the complexities involved, it is highly recommended that the project proponent should acquire the services of a professional engineer competent to carry out these tasks. Alberta Environment s Water Resources Management Model (WRMM) is one of the water allocation models available for use. The WRMM model for water allocation modeling and risk assessment may be viewed at the following web site: HTUhttp://www3.gov.ab.ca/env/water/regions/ssrb/wrmmoutput/WRMM/index.aspUTH A few example plots prepared for risk assessment using WRMM modeling output are provided in Appendix-I (Figures 1 to 5). These plots can be used as a guideline for carrying out the risk assessment. Page 50

53 Step 2: Options for Dealing with a Water Shortage This step requires you to: (a) Develop a wide range of options to address potential water shortages (including demand reduction and supply augmentation options); (b) Evaluate and select a course of action that is consistent with your objective. Options In general, options for dealing with a water shortage fall into two categories: 1. Demand reduction. 2. Augmentation of available supplies (e.g. more efficient utility operations, new supply development through groundwater wells, water trucking, assignments or tie-ins with other systems). The questions that must be answered in this section are: How much of my potential deficit can I make up in demand reduction? How much should I make up by augmenting supplies? You may need to combine demand reduction and supply augmentation options depending upon the severity of shortage and potential risk to your project. The potential water shortage can be categorized (e.g. minor, moderate and severe) and selected options should be grouped and linked to the defined categories of water shortage that could exist. Table 1 provides a suggestive list of some of the general options to deal with water shortage. However, choice of a particular option will depend on the type of water use (e.g. stockwatering, agriculture, municipal water supply, industrial water use). Therefore, it is up to the project proponent to explore and develop a comprehensive list of options and identify the most applicable options to their project. Table 1: General options to deal with water shortage situation Stage Water Shortage Options Condition 1 Minor Reducing water losses Conservation retrofit kits Water recycle 2 Moderate Options for stage 1 plus Stormwater collection and recycle Timing of outdoor water use to reduce losses Water storage capacity 3 Severe Options for stage 1 and 2 plus Water use/sharing agreement with senior priority licensee Reduction in water consumption A realistic list of options available to you should be prepared based on the examples provided in Table 1 and any additional options you can think of. Different options require different levels of effort and expense. Ideally, to evaluate each of your selected options, you need to estimate how much extra water will become available under each of selected option Page 51

54 and how much money it is going to cost. This allows you to eliminate the least costeffective options; that is, the ones that cost the most while saving or providing the least amount of water. Options like water storage and water use/share agreements with other senior priority licensees are key for sustainability during the extended periods of water shortage. Public Health Risk Assessment: If your utility involves public facilities (e.g. washrooms) where water shortage may pose a risk to public health, you should involve local health authorities in development of WSRP. Together you can identify the minimum level of acceptable water supplies (quantity and quality) required to eliminate any potential threat to public health. Step 3: Plan Implementation The objective of this step is to develop a program for putting your WSRP into action. This step involves: Developing triggering criteria Developing a schedule for carrying out your WSRP Monitoring its effectiveness (i.e., is your plan producing the desired results; do you need to do more or less?) Developing Triggering Criteria It is very difficult to quantify shortages and to tell whether they are getting better or worse. The purpose of this exercise is to develop criteria that tell you generally if a shortage is getting better or worse. Think about how the stages relate to each other. How will you know when a water shortage is developing? List several factors that indicate a water shortage is on the way. Now list several factors that indicate a minor shortage is becoming moderate and that a moderate shortage is becoming severe. These are called triggering criteria. To help you develop your criteria, consider the following indicators: Condition of storage reservoirs in the basin River/creek flows in the basin vs. WCOs/IOs/minimum flow requirements for the protection of the aquatic environment (HTUhttp://www3.gov.ab.ca/env/water/regions/bow/Licence_Flows/index.aspUTH) Precipitation records (rainfall and snow pack) Extended weather forecasts Water supply forecast by AENV River water quality Ground water table levels in the basin A wealth of information on these indicators can be obtained from Alberta Environment s web site at: HTUhttp://www3.gov.ab.ca/env/water/ws/WaterSupply/index.htmlUTH HTUhttp://www3.gov.ab.ca/env/water/ws/ForecastersComments/UTH Page 52

55 HTUhttp://www3.gov.ab.ca/env/water/ws/advisories/UTHTUhttp://www3.gov.ab.ca/env/water/ws/repo rts/index.cfmuth Remember that forecasting the severity of a drought is an inexact science. Often, decisions on the level of a demand reduction program to adopt must be made without the support of good technical water supply information. Developing a schedule for carrying out your WSRP If you are facing a water shortage, or potential shortage, you need to develop a schedule for putting your plan into effect. Allow ample lead-time for implementing your selected options because some of the selected options cannot be implemented over night. Another consideration is to monitor the water shortage at regular intervals to determine whether to speed up or slow down any planned activities (use the previously developed triggering criteria, as well as the present situation). Monitoring The last thing that needs to be incorporated into your plan is a monitoring program. You need to track existing or potential water shortages very closely and develop a strategy for responding to changes in water supply outlooks. You also need to evaluate how well your WSRP is working. Is your plan working the way you intended? If not, what is the problem? Thorough evaluation of your plan will identify areas and actions that worked well and those that need to be improved for next time. What adjustments should be made? Determine how you will make this evaluation. Page 53

56 APPENDIX I Page 54

57 Figure 1: The plot on left shows the yearly deficit volume as percentage of requested allocation. The absence of a bar in a given year indicates no deficit to the project, whereas a 100% value would represent the project not getting any water in a given year. The summary section provides more details on frequency and magnitude of annual deficits including maximum annual deficit and average annual deficit expected during the simulation period. These annual deficits (frequency and magnitude) are depicted in the form of a stacked bar on right hand side plot. This plot provides a quick glance of overall water availability situation. Page 55

58 Figure 2: This plot shows frequency of cut-offs over the project-operating season. It provides an estimate of when (out of 52 weeks) and at what frequency the project can potentially be cutoff during the season. No bar (or spike) in a week means the project is not expected to be cut-off, while a 100% spike would mean the project is cut-off during all simulation years (here it is 68 years). The literal meaning of project cut-off is when the model is not able to meet the requested demand of the project in the simulated time step (here it is a week). Page 56