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Maureen Bell, Water Conservation Trust of Canada
I care about water, as a mother, a citizen and as a lawyer. We need good rules
around water. In many jurisdictions in the world people fight over water –
we don’t need to follow their lead. In jurisdictions such as New South
Wales in Australia legislation is strong and prioritizes the use of water, giving
highest priority to the environment, then high-priority to municipal supplies,
animal and domestic use, then high priority for permanent plantings for agricultural
production, then general security, then supplementary uses. We don’t have
such a system of priorities. Our only priority is first in time. If the rules
are clear, if the public process is good (although agreement may not be unanimous)
as a community, the best choices will be made.
Alberta has not prioritized its uses for water; rather, the hierarchy was
removed from the Water Resources Act and under the new Water Act (1999) the
mechanisms are now in place to develop a water market which can effectively
move water to the highest bidder. Unfortunately, no one is bidding to leave
water in the stream.
I am currently completing my LL.M. thesis in which I argue that the province
does not have jurisdiction over ALL of the water in the stream. Provincial jurisdiction
is arguably only over that water which the fish in the stream do not need for
healthy survival. The argument considers the division of powers between the
federal jurisdiction over fisheries and provincial jurisdiction over property,
public lands and natural resources. It raises the issue of the vitality of the
fisheries in Alberta, and therefore the rivers, in this province. I hope as
a result this argument, debate, and increased awareness that there will be reconsideration
of Alberta’s water strategy to overuse the rivers and begin the return
of water to the over stressed rivers in Southern Alberta.
Together, with other individuals interested in the protection and conservation
of water, we have created the Water Conservation Trust of Canada
to hold water interests in trust for recreation, water management and fish habitat
–ultimately for the stream. It is our intention to encourage those who
conserve water to donate their water to the Trust, including those municipalities
whose citizens have collectively conserved water. When citizens make an effort
to reduce their use of water on a long term basis, that water can be made available
to the stream through the trust. If the water is not dedicated for the stream,
it is available for further use by existing and new licensees negating the conservation
efforts. The Trust will also reward those who have a good water conservation
strategy; a contribution to the trust will be publicly recognized in the appropriate
forums.
We welcome your conservation efforts, your respect for water and the land that
impacts the water and your contributions to and support for the Water
Conservation Trust of Canada.
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