A Lawyer's Viewpoint on River Management

The future of river management will involve the legal system

Based on a speech given by Dr. David Percy
Water Law Expert and Professor
University of Alberta
October 14, 1994

The future of the Bow River will involve competition, conflict and the legal system. The Bow River is not very big or very long but legally it is very complex. In Colorado, legal conflicts over water have occupied the courts continuously for 33 years. We must learn from their experience.

Legal Jurisdiction

There used to be enough water to go around. What makes the Bow River situation so complex, now? First, the largest flow of water along the entire river is through federal jurisdiction (national parks and native lands), not provincial lands. This is unusual. On top of this situation, TransAlta is a private company with hydro projects on federal and provincial land. The Federal Fisheries Act and the Navigable Waters Act also come into play.

Population Increase

Where will Alberta's forecasted population increase (over a million more people by 2010) get water? Will there be water meters? What will happen during the next drought? Will groups agree to reduce their water rights?

Treaty Rights

The Siksika aboriginal water rights have never been tested in court. Their treaty is designed for farming and ranching, both of which require water of a certain quality. If the band decides to use its fair share of the Bow River, some other users will have to reduce their share. Issues like this may have to be resolved in the courts.

Right to Clean Water

Downstream users have a right to clean water. This places a certain responsibility on upstream users to return water to the Bow River in good condition. Clean water is important for a healthy economy. This is one of the things that make southern Alberta one of the biggest producers of high quality beef in North America. Yet the quality of the water returned to the river by the beef industry is being questioned by other user groups.

Saskatchewan Rights

The Bow River does not end where it meets the Oldman River, at least not legally. One half of Alberta's water must flow on into Saskatchewan and Saskatchewan has the right to demand clean water as well. The only way that all of this could be more legally complicated is if the river ran into the United States! I would encourage you all to become involved with reviewing the Water Resources Management Act.