Category Archives: Water Law
The severance of a water right from a purchase and sale of land
PDF version: The severance of a water right from a purchase and sale of land Case commented on: Royal Bank of Canada v Hirsche Herefords, 2012 ABQB 32 This decision concludes that a provincial water licence can be contingently severed … Continue reading
The legal status of the commitment by Alberta’s irrigation districts to share the shortage
PDF version: The legal status of the commitment by Alberta’s irrigation districts to share the shortage Document commented on: Declaration re: Sharing Water for Human Needs and Livestock Sustenance During Water Shortages, Alberta Irrigation Projects Association Last week, on World … Continue reading
Using water reservations to protect the aesthetic values associated with water courses: a note on the Spray River (Banff)
PDF version: Using water reservations to protect the aesthetic values associated with water courses: a note on the Spray River (Banff) Documents commented on: Order in Council 546\49; South Saskatchewan Basin Water Allocation Regulation, Alta. Reg. 307/1991 (rescinded by Bow, … Continue reading
Water Rights and Water Stewardship: What About Aboriginal Peoples?
PDF version: Water Rights and Water Stewardship: What About Aboriginal Peoples? Introduction The province of Alberta is currently reviewing its approach to the allocation, licensing and transfer of water rights. The government has received advice from a number of groups of … Continue reading
Water management planning and the Crown’s duty to consult and accommodate: the Court of Appeal rejects First Nations’ application for judicial review of the South Saskatchewan Water Management Plan
Case considered: Tsuu T’ina Nation v Alberta (Environment), 2010 ABCA 137 PDF version: Water management planning and the Crown’s duty to consult and accommodate The Court of Appeal, in a reasons for judgement reserved decision written by Justice Clifton O’Brien … Continue reading
