Application 1802269

Notice of Application
Application No. 1802269
Encana Corporation
Integrated Water Infrastructure System
Fox Creek Area

The Alberta Energy Regulator (AER) has received Application No. 1802269 from Encana Corporation (Encana) for approval of an integrated water infrastructure system in the Fox Creek area. The AER is reviewing the application. Details on the application follow

This integrated water infrastructure system is required to support Encana’s development of the Duvernay Formation within its Simonette property. Other activities associated with this development will be the subject of separate regulatory applications.

Description of the Application
Encana has applied under the Pipeline Act, Public Lands Act, Environmental Protection and Enhancement Act (EPEA), and the Water Act for approvals for land access and to construct, operate, and reclaim an integrated water, gas gathering, and fuel gas infrastructure system to develop the Duvernay Formation within its Simonette property. The integrated water infrastructure system would be composed of a water intake and pump station, water distribution pipelines, and storage reservoirs. It would also incorporate gas gathering and fuel gas pipelines in a common corridor with the water distribution pipelines. The water distribution pipelines would deliver surface water from the intake structure to the storage reservoirs. Risers constructed on the water distribution pipeline would allow Encana to connect temporary surface pipelines. These temporary surface pipelines would deliver water to well sites for exploration and development, including drilling, road, and lease development and hydraulic fracturing. These temporary surface pipelines would be installed primarily along pre-existing surface disturbance.

The integrated infrastructure system would be located about 20 kilometres (km) west of the town of Fox Creek, Alberta, in Townships 61 to 64, Ranges 20 to 25, West of the 5th Meridian.

Encana’s application seeks approvals for the following activities:

  • A pump station powered by a natural gas-fueled generator on site; water intake and in-stream construction, which includes installation of fish habitat enhancement structures along both river banks; and a stream-flow monitoring station. These would be located on the Little Smoky River at NE 19-63-20-W5M and NW 20-63-20-W5M.
  • Permanent pipelines for fuel gas, fresh water, and gas gathering in a common right-of-way corridor about 42 km in total length from Legal Subdivision (LSD) 16-19-63-20-W5M to LSD 6-17-063-22-W5M with a spur about 3 km in length from LSD 5-8-63-21-W5M to LSD 14-31-62-21-W5M.
  • Fresh water storage reservoirs to store up to 590 000 cubic metres of fresh water at LSD 5-26-63-22-W5M and up to 90 000 cubic metres of fresh water at LSD 4-27-063-33-W5M. This would involve converting a borrow pit into a fresh water storage reservoir at the 4-27 site.

For more information on the application, contact
Encana Corporation
500 Centre Street SE
PO Box 2850
Calgary, Alberta T2P 2S5
Attention: Spencer Forgo
Phone: 403-645-2929

To view the application and supporting documents, use the Integrated Application Registry (IAR) available under Systems & Tools on the AER website or contact

AER Information Management Branch
Suite 1000, 250 – 5 Street SW
Calgary, Alberta T2P 0R4
Telephone: 1-855-297-8311 (toll free; press 2)
Viewing hours: 9:00 a.m. to 3:00 p.m. Alberta Government Library

Great West Life Building
6th Floor, 9920 – 108 Street
Edmonton, Alberta T5K 2M4
Telephone: 780-427-5828
(toll free: 780-310-0000)

Requirement to File a Statement of Concern
If you are interested in this matter, you must file a statement of concern as described below. If you do not file a statement of concern, the AER will continue to process the application and may approve it without further notifying you.

How to File a Statement of Concern
In order for your statement of concern to be considered, it must be filed before 4:00 p.m. on the filing date below.
August 16, 2014 Final date to file a statement of concern

Send one copy of your statement of concern to Encana at the name and address above and one copy to

Authorizations Review & Coordination Team
Alberta Energy Regulator
Suite 1000, 250 – 5 Street SW
Calgary, Alberta T2P 0R4

Please quote Application No. 1802269 in your statement of concern.

Contents of a Statement of Concern
For your submission to be considered a valid statement of concern, it must include
a) why you believe that you may be directly and adversely affected by a decision of the AER on the application;
b) the nature of your objection to the application;
c) the outcome of the application that you advocate;
d) the location of your land, residence, or activity in relation to the location of the energy resource activity that is the subject of the proposed application; and
e) your contact information, including your name, address in Alberta, telephone number, and e-mail address or, if you do not have an e-mail address, your fax number.

Sections 49 of the Alberta Energy Regulator Rules of Practice (Rules of Practice) require that all documents and information with the AER be placed on the public record. If you file a submission, you must not include any personal information that you do not want to appear on or are not authorized to put on the public record. Section 49(2) of the Rules of Practice states how to apply to the AER for an order to keep information confidential. Any request under Section 49 must be copied to the other parties to the proceeding.

Questions of Constitutional Law
In addition to giving notice according to section 12 of the Administrative Procedures and Jurisdiction Act and schedule 2 of the Designation of Constitutional Decision Makers Regulation, you must include the following information in your submission and file it according to the date listed under How to File a Statement of Concern if you intend to raise a question of constitutional law:
a) the constitutional question you intend to raise,
b) the legal argument you intend to make, and
c) the evidence you intend to rely on in support of your legal argument

Under section 21 of the Responsible Energy Development Act, the AER does not have jurisdiction to assess the adequacy of Crown consultation associated with the rights of aboriginal peoples as recognized and affirmed under the Constitution Act, 1982.
For information on AER procedures, contact

Play Based Project Review & Coordination Team
Attention: Donald Burke
Telephone: 403-297-2496
Fax: 403-297-8114

Issued at Calgary, Alberta, on July 16, 2014.
Patricia M. Johnston, Q.C., General Counsel