Water Act

Albertans depend on us to make sure that energy and mineral resource companies are using Alberta’s precious water resources safely and responsibly.

The Water Act is provincial legislation that supports and promotes the conservation and management of water in Alberta. Under the Responsible Energy Development Act, we are responsible for reviewing Water Act applications and submissions related to Alberta’s energy resource industry.

What We Regulate Under the Act

We ensure that companies use and manage water safely by

• reviewing energy and mineral resource applications that relate to the Water Act
• issuing water approvals for energy and mineral resource activities that occur in or near water bodies and wetlands
• issuing water licences and temporary diversion licences for energy resource operations that require water
• requiring companies to have a licence before using surface water and groundwater, and
• allocating the amount of water companies can use.

In addition, our Dam Safety Program regulates energy and mineral resource-related dams under Part 6 (Dam and Canal Safety) of the Water (Ministerial) Regulation.

If we find a company is not following regulations under the Water Act, we will enforce compliance using various tools.

Read our fact sheet for more information about how we regulate development under the Water Act.

What We Don’t Regulate

Our Water Act responsibilities are specific to energy and mineral resource development. Decisions around water use for other purposes, including municipalities, agriculture, and forestry, are made by Alberta Environment and Parks (AEP).

Who Monitors Water Use

Companies must monitor and report their water use and management, including rate of flow, water levels in lakes, water temperature, and dissolved oxygen concentration. We may also ask companies to ensure that appropriately sized fish screens are in place on water intake pipes to protect fish and fish eggs.

Companies are also responsible for cleaning up water spills. Clean-up requirements are set out in the Environmental Protection and Enhancement Act and the Water Act.

Application Process

Submit an Application

Companies must submit water approval and approval amendment applications through OneStop.

Manual 025 provides guidance on the preparation of a Water Act license application.

Companies must submit temporary diversion licence applications through AEP’s Water Act Temporary diversion license Electronic Review System (WATERS).

Companies must submit approval, licence, and applications (or amendments) under the Water Act to EPEA.WA.Applications@aer.ca. Applications must be in PDF format and should include

• the activity’s location
• the diversion or activity’s capacity and size
• type of diversion or activity
• the requested water amount, based on present and reasonable need, and
• an account of any public consultation carried out or proposed by the applicant.

Our supporting forms and guides for specific activities, listed below, should be used to build a submission. We may waive requirements that do not apply to a proposed project.

Review Process

1. We share all applications on our Public Notice of Application page to encourage public participation in the approval process.
2. Anyone who believes they may be directly and adversely affected by an application can file a statement of concern (SOC). If we receive an SOC, it may take us longer to process the application.
3. We will assign the application to a subject matter expert for initial review. If information is missing (i.e., the application is not complete), we will close the application. Otherwise, we will proceed with a full technical review.
4. We consider potential impacts to the surrounding environment, such as the aquatic ecosystem and hydrology, and other water users. We also consider the amount of water that is available in the water source.
5. We may request additional information (through a supplemental information request) to complete our technical review.
6. We will decide to approve, close, or deny the application. If we close it, the applicant may reapply without prejudice. If we deny it, the applicant can file an appeal through our appeal process.
7. Following our review, if we approve the application, we will issue a Water Act licence, preliminary certificate, or approval with conditions. If we issue a licence, we will allocate how much water the company can withdraw.
8. We will provide the applicant with a link to the letter with our decision, which is accessible for 30 days through the Integrated Application Registry. We will also share our decision on our Publication of Decision page.

Transfers, Suspensions, and Cancellations

A company that wants to transfer an allocation of water must review the requirements and submit an application as set out in section 81 of the Water Act.

We have the authority to suspend or cancel a licence, preliminary certificate, temporary diversion licence, or approval.