Conservatives plan and history of your water and, you pay!!

The set-up: Like every resource development in this province the taxpayer will pay for it; hundreds of billions!
Foremost is #Harper's refusal 3 times at the UN to allow drinking water to be recognized as a human right!  Its all downhill from there!  I recall a picture of Bechtel, in charge of water in a third world country, turning people away from the community tap because #they didn't have their nickel to pay for the bucket of water!   That is extreme but, that is the direction they are taking us and, fast.

The #Fraser Institute is the mouthpiece for the Conservative organization.  It is made up of US #Republicans and Canadian #Conservatives, there being far more #U S members than Canadian.  This is the source of Conservative policy.  A common thread in this organization is a #single state instead of two countries.

The #Royal Bank is holding millions if not billions of dollars in #fresh bulk water export permits. 

The avarice on taking Canadian water with no returns to citizens of Canada is a very old story starting in fact with Brian Mulroney's duplicity in his dealing with the NAFTA accord.  http://nesara.insights2.org/NAFTA.html

In this same time period,#Alberta paid multi millions of dollars  for a #fully engineered project capable of moving 2/3s of the Mighty Peace River to the US Border. It is called #"The Weatherford Project"  more on that later.

While this is going on, Ralph Klein was mayor of Calgary and made very sure the Calgary Brewing and Malting company had first pick at the water in the aquifers and the surface (river) waters which are quickly drying up. 

Calgary Brewing has more water allotments than does the city of Calgary.  This was a legacy in part of the old aquarium run by Calgary Brewing.

As it is right now; Alberta Conservatives have given oil companies much larger water allotments than they asked for the idea being these same oil companies will sell allotments to municipalities as they require them.  Southern Alberta is particularly vulnerable.  We are told when asking there is no water left. No matter what happens, the water will go to #insiders under a Conservative Government.

All of this was covered in my letter to the Honourable Lorne Taylor, copy follows.

                                                                                                              

   14815 – 123 Ave.,

                                                                        Edmonton, AB

                                                                        T5L 2Y7

                                                                        January 9, 2004.

                                                                   

The Honourable Lorne Taylor

Alberta Environment

Edmonton, Alberta.

Re:- The wholesale privatization and sale of Alberta Water. As the scorpion said to the fox “It’s what I do.”

Dear Sir:

Your comments validating the Weatherford project on the inter basin transfer (two-thirds of the flow of the Peace River) to southern Alberta are noted as is the comment that a special act of legislature is all that is required to enact this; millions having be spent on the survey and mechanical planning of the project.

It is no accident I think, that this was taken while the Mulroney Government was dealing NAFTA. Reference http://nesara.insights2.org/NAFTA.html  (Pheonix Project).

Also noted is Alberta Regulations 292/84 where you quietly stripped away the title of all the water lines for Leduc, the county of Leduc, the Town of Beaumont and the town of Calmar moving the title to a newly acclaimed “Capital Region Southwest Water Services Commission”. 

Reference http://www.qp.gov.ab.ca/documents/regs/1984_292.cfm

By now much of these lines are paid for and ripe for you to sell off for pennies as you did the electricity, parks and camp-grounds. All to insiders with no public disclosure; pocketing the change.

In both cases the door is open the complete sale of the lines and services to a private firm by a simple “Order in Council” a process that takes less than an extended coffee break and by passes an open vote in the legislature.

I recall when this was set up.  The Leduc County wanted to join Devon’s water supply and was told no by your Government.  It was mandatory they draw from Edmonton, reasons not given at the time.  You are using this same Mandatory hammer in your current dealings in the Water for Life farce. Join the provincial pipe or loose all your funding. 

Any excess water from the #Weatherford Water Pipeline or joined lines could then be dumped into the St. Mary’s aquifer in Southern Alberta and flow freely back into the USA via the Milk River probably unchallenged by the Federal Government.

After you have sold all of these to private enterprise as is your stated intention there is absolutely nothing to stop this same private company from turning over quick cash selling off the pipeline and now integrated services of water billing, supply etc; to a foreign company or country such as the US.  You flipped the electricity purchases #(PPA) 3 times or more to #drive up the cost of power.  One can expect the same treatment here.

This is precisely what happened to the Aquila electrical distribution our power distribution, which was paid  for by Albertans is now foreign owned, nothing being returned and  personal exploitation our only view left.   You looking after us?  I really don’t think so!  Apart from the #7 billion dollar loss to taxpayers on that deal we continue to get robbed monthly.

If Alberta’s elect your extreme right Conservative Government again, this is the future they write.

Looking at your record, who could possibly believe you, saying otherwise?

John Clark   

The #St. Mary's Glacier is diminishing quickly.  The original #treaty between the US and Canada gave Canada the lions share of the water; something Montana is working on changing.   The St.Mary's aquifer was built by the US Corp of Engineers; purpose to run through Alberta to get water into Eastern Montana.

This brings me to #Minister Mike Cardinal.  While  he was in office he gave all the #crown grazing lands on the east coast of the Rocky mountains to unnamed parties in the Agra Food Industry for undisclosed prices. (Nestle?)

This is very significant as the potable water aquifers start on the east slope of the Rocky Mountains and flow underground to the east.   Rules on water rights First in Line and First in Time.  Its time for a New Alberta Liberal Government to come in and set the #whole lease thing right.  It is a disaster financially for this province the way it is being run!  You operate as a Casino. with all the odds to you personally!   #People who hold the leases get them for nothing then, charge the Government or oil companies for access to the same lease.  Such a deal!

It is these underground rivers that are being contaminated by drilling and the contamination can extend miles depending on the flow rate.

This recent idea of the Government's to pump out the contaminated water is like catching butterflies with  a basketball hoop.  This is a #flowing underground river, they will pump until nothing else is tested and call it a win when the crap is simply washed down stream.

Other water problems started in the Klein-Cardinal era.

John Clark

14815 – 123 Ave

Edmonton, AB

T5L 2Y7

September 5, 2004.

  

Honorable Ralph Klein,

Room 307

Legislative Building,

Edmonton, AB T4K 2C6

Mike Cardinal, MLA

Minister of Sustainable Resource Development

420 Legislature Building

10800 - 97 Avenue

Edmonton T5K 2B6

The Honorable Minister Patricia L. Nelson,

224 Legislature Building 10800 - 97 Avenue

Edmonton, AB   T5K 2B6

Ladies and Gentlemen:

It has come to my attention that #Mr. Cardinal has taken the unprecedented action of selling off immense strips of property to the highest bidder!  I refer to the broad tracks of public lands on the east slope of the Rockies!   I’m not sure how this was #done below the public radar unless tendered only to insider industry and friends.

Patricia Nelson outlined she was not going to attack Albertan’s pensions; she had found another source of revenue.   You are prepared to strip this province to the bone before you do the decent thing and collect a reasonable royalty for our oil!

When you people get through with this province there will be nothing left to call our own!  Why all of this insanity?  Is it necessary to privatize our water and public lands #without public consultation in relative secrecy to appease the US Agri-Beverage industry in order to catch some kind of perverse break on the Mad Cow crisis?

These properties on the eastern slope are above major fresh water aquifers.  Does the water right go with the property sale or do the people of Alberta have some control left over this critical resource?

Some direct answers please!

John Clark

With the #St. Mary's under contest from the #US and a great many people in southern Alberta (PC Insiders and more recently Wild Rose members) having their fortunes set on a piece of that aquifer Cardinal had to so something.

He dissolved the association that "ran" or "supervised" the St. Mary's on Canada's side.   This would be the Conservative insiders.   He changed the rules in the new association by-law which effectively limited the number of people in the association. Now, one must actually own property that sits adjacent or on the St. Mary's to vote on any issue!

New insiders were brought aboard as rock piles that would never grow anything were identified and sold as properties for the sole purpose of getting a vote on that Association.  I was told American interests bought some of these.

From: "Rogers,Jim [Reg]"

To: "'John Clark'"

Subject: RE: Water works

Date: Tuesday, April 13, 2004 3:52 PM

The letter to the International Joint Commission (IJC) was signed by the

#Governor of Montana and suggested that the IJC's 1921 Order on sharing of

the waters of the St. Mary and Milk Rivers did not meet the intent of the

Canada - United States Boundary Waters Treaty of 1909.

The IJC consists of three members from each country appointed by the Prime

Minister and the President respectively. The #IJC will report to the federal

governments through the Canadian Minister of Foreign Affairs and

International Trade (Graham) and the U.S. Secretary of State (Powell).

#Montana, #Saskatchewan and #Alberta will be offered an opportunity to provide

input to the IJC but final decisions will be negotiated by the U.S. and

Canadian federal governments.

The Navigable Waters Protection Act can be found on the Justice Canada site (for the most part done away by Stephen Harper)

http://laws.justice.gc.ca/en/n-22/text.html

<http://laws.justice.gc.ca/en/n-22/text.html> . For specifics on the Peace

River, would you have look for specific regulations or contact the office of

the Canadian Coast Guard.

-----Original Message-----

From: John Clark [mailto:cyberclark@shaw.ca]

Sent: April 13, 2004 2:47 PM

To: Rogers,Jim [Reg]

Subject: Water works

I hear on the news locally today, the US feels they deserve a greater share

of the Milk River.

 Who in the US would be pressing an issue like this; Who in Canada would have

to respond?

Would such a complaint be put to Saskatchewan or to Canada?

Also would really appreciate a pointer on where to find information on

applications for draft that have been granted by the Feds on the Peace River

(As it applies to the Marine Navigation Act)

A web site or a name and address etc would be appreciated.

Regards,

John Clark

And now the #Weatherford Project.

The fully engineered in the 80s and in tune with Mulroney's efforts is ready to go #Weatherford Project is immense!  It calls for #3 very larger steel pipes and #8 pumping stations each of which use #more electricity than a city!  (Think here of the northern power lines you are paying for!)

Conceived to move up to 2/3s of the #flow of the Peace River south to the St. Mary's aquifer.  One alternative at this point would be to dump into the St. Mary's and allow it to flow to the Milk River and back into the USA.  Other possibilities exist to service Western Montana and Dakota.

Harper has facilitated this by #removing the #Navigational Waters classification from the Peace River and any number of other bodies of water.    #Natives have absolutely no say in what happens to their water any more than we do!

In order to provide a  year round supply of water the problem of water levels has to be overcome.  This brings us to #Christy's new dam

https://www.sitecproject.com/  called simply site "C" and will have an output of electricity of 1100 MW.

The idea of this dam has been defeated many times as it does not produce enough electricity to pay for itself.  Starting figure is #11 billion dollars and it will probably cost twice or 3 times that much. Such is the nature of earth dams. 

The space between the #Hudson Hope dam and #Site C will form a #large reservoir.  A large reservoir is what is needed to provide  year around water for the Giant pipe lines going south.

That is what the new #Site C is all about; not electricity which is nothing more than a distraction.

The Conservatives, the B C Liberals are marshalled behind the US Republicans soon to come into power again in the US.  This, the key to the timing. #Christie Clark Lied to her public.

Summary of #PNWER

http://albertathedetails.blogspot.com/2011/03/conservativerepublican-alliance-pnwer.html

There  are far more U S #Republicans in this club #paid for by taxpayers than there are Conservatives and #Christie Clark is their star.

This being the case one way or other the taxpayer, #you and I are going to pay for this fiasco.  Remember we have no human right to drinking water.  That means we will have to buy it from whoever is the seller at the time and at that sellers price.  All in the name of high prices help conservation.

The Conservatives got into power with a huge majority with only 22% of the popular vote showing up for them.

I put my trust into #Raj Sherman and the #Alberta Liberals and in #Trudeau and the #Federal Liberals.    We have to turn this juggernaut around!

1. #Make up your mind to vote

2. #Make up your mind to vote for your Liberal candidates.

The following is an excellent thesis for those of you with a hunger for detail and want to take the considerable time to do your own research.  Of particular interest is the #natives are blowing smoke when they talk about "their water"

Again, #Harper has removed the Navigable Water act from the Peace River and many other lakes and rivers. This is all real and is under way now.  #Christie Clark, BC Lies about the Dam.

1

Water Rights in Alberta

Annotated Bibliography

Compiled by Maureen Bell

LL.M. Candidate

University of Calgary

Structure

This annotated bibliography includes literature related to entitlement to water. It is organized along jurisdictional boundaries beginning with Alberta, followed by Canada, International jurisdictions (primarily the United States and Australia) and concluding with a section on environmental law matters which are related to water quality. In each section I have made every

effort to include the leading authorities. Each section is further divided according to standard legal bibliography by McGill Law Journal’s Canadian Guide to Uniform Legal Citation 4th Edition published by Carswell, for secondary material. The majority of the works are articles.

The first section of this bibliography deals with literature on water entitlements and issues in the Province of Alberta, Canada. In this province the law changed substantially in 1999 upon the proclamation of the Water Act RSA 2000 c.W-3. Little has been written on this statute to date and as a result the bibliography focuses on literature which predates this new act. Literature

written prior to 1999 will provide background to the new Act, and inform the reader on sections of the Act which have been carried forward.

The second section deals with literature on Canadian water issues. Because water moves both on the surface and underground, it is difficult to restrict it to one jurisdiction.

The third section consists of literature on international water entitlement issues with a focus on those jurisdictions, which Alberta’s legislation is based on, or the issues and jurisdictional structure are similar. These jurisdictions include Australia and the south western United States.

The last section concerns environmental matters because it has become apparent to me that it is not possible to study water entitlement without considering, at some point, water quality.

2

Alberta:

Monographs

Gisvold, P., A Survey of the Law of Water in Alberta, Saskatchewan and Manitoba (Ottawa:Prairie Farm and Rehabilitation Administration and Economics Division, Canada Department of Agriculture, 1956)

This historical legal resource surveys the laws, both statute and common law, in relation to the South Saskatchewan River that flows through these three Prairie Provinces, Kwasniak, A., Swanson, E., and Tingley, D., In Response to Draft Water Conservation and Management Act (Edmonton: Alberta Law Foundation, 1995).

This monograph addresses section by section the objections of the authors to the proposed legislation, which focuses on environmental concerns.

Kwasniak, A., Alberta’s Wetlands: A Law and Policy Guide (Edmonton:Environmental Law Centre, 2001).

Written for the layperson, this monograph asks and answers a comprehensive list of questions appropriate for a manager of wetlands in Alberta.

Articles Kwasniak, A., “Existing Water Rights and the Water Conservation and Management Act” in In Response to Draft Water Conservation and management Act (Edmonton: Alberta Law Foundation 1995).

The writer suggests ways in which the proposed Water Conservation and Management Act could regulate existing non-exempt water entitlements as an alternative to the method proposed in the Act. Percy, D., “Water Rights in Alberta” Alberta Law Review (1977) 15 Alta. L. Review 142

The author, David Percy, is a leading authority on water in Canada and is currently Dean of the Faculty of Law, University of Alberta. This article discusses the rights to divert surface water as they existed in 1977 beginning with the history of the legislation from the Northwest Irrigation Act (federal) in 1894. He highlights the fact that the Act was designed to provide a system that

would permit large scale irrigation, which riparian rights did not do. He also notes the two

3

fundamental principles of Alberta water rights are modelled on foreign jurisdictions) – control in the crown is based on the water model in Victoria, Australia and ii) the first in time, first in right principle is based on the American appropriation principle. He also traces the histories of irrigation licenses and districts, which are relevant to licenses today.

Percy, D. “Seventy-five Years of Alberta Water Law: Maturity, Demise & Rebirth” (1996-1997) 35 Alberta Law Review 221.

This article is more detailed and builds on Percy’s 1977 work of 1977. He traces the history of water rights in Alberta from riparian rights through the Northwest Irrigation Act 1894 (federal), Irrigation Act (federal) and its amendments of 1920, the transfer to the provinces under the Natural Resources Transfer Agreement of 1930, the Water Resources Act of 1931 and

amendments in 1962 and finally the Water Act R.S.A. 1996, C. W-35. In this article, Percy sets out the purpose of the legislation and identifies the strengths and weaknesses of the both the legislation and the administration of it, which he has an in-depth knowledge of due to his study of water over an extended period of time. This article provides a basis for the current legislation

and practice.

Percy, D., The Regulation of Groundwater In Alberta (Edmonton: Environmental Law

Centre, 1997).

This book uses to case studies to illustrate the way in which ground water was managed noting where practices diverge from the law.

Canada

Monographs

Bartlett, R.H., Aboriginal Water Rights in Canada: A study of Aboriginal Title to Water and Indian Water Rights (Calgary: Calgary, Canadian Institute of Resources Law, University of Calgary, 1988).

Written in 1988, this book is a source for the law respecting Aboriginal matters. He discusses aboriginal title to water in Canada from the perspective of aboriginal rights – traditional uses, priority for time immemorial, treaty rights – contemporary uses, priority from the date of registration, ownership of beds of rivers and lakes including a discussion of riparian rights in

beds underlying navigable water, and the lack of ownership in foreshore or beds of tidal waters.

He raises issues such as the Prairies and Quebec rejection of the presumption of ownership of the water – bed of navigable waters in favour of the riparian owner which, in his opinion, if it were

4

to result in the denial of Indian ownership of the water-bed, it would deny to the Indians significant of the traditional waterways unless it was otherwise provided in the reserve lands. He notes the appropriateness of an examination of United States cases to certain Canadian issues including similar presumptions of ownership such as that which abhors the transfer of the

riverbed excluding federal jurisdiction and the interpretation of treaties bounded by water that are interpreted to extend to the centre of the river. He includes extensive case authority and provides his comments on whether they ought to apply in Canada. Likewise, his chapter on Constitutional Jurisdiction and Protection with respect to water rights is a good basis from which

to start an analysis of the scope of federal jurisdiction, the protection accorded to aboriginal title to water, the regime applicable to Indian reserves, the power of the provinces, and the entrenchment of constitutional rights.

He makes recommendations such as a “comprehensive” water rights adjudication system and an institutionalized negotiating process similar to the Fort Peck/Montana Compact Board. Percy, D., Wetlands and the Law in the Prairie Provinces of Canada (Edmonton: Environmental Law Centre (Alberta) Society 1993).

This book sets out the history of wetlands and the current laws pursuant to which they can be protected.

Kennett, S., Managing Inter-jurisdictional Waters in Canada: A Constitutional Analysis Rights (Calgary: Canadian Institute of Resources Law, University of Calgary, 1991).

This monograph describes in detail the issues arising from the management of Inter-jurisdictional water and the problems, which arise in seeking solutions. He reviews three solutions – intergovernmental agreements, adjudication and the exercise of federal jurisdiction.

La Forest,G., Water Law in Canada (Ottawa: Information Canada, 1973).

Although this text purports to include all of Canada, it focuses on the water laws in the Maritime Provinces. The author is a former judge of the Supreme Court of Canada who has written other matters related on water and the environment. This book is recommended for the discussion of

constitutional issues, it was referred to by the court in the case of Friends of the Oldman River Society v. Canada (Transport) [1992] 1.S.C.R.

Lucas, A.R., Security of Title in Canadian Water Rights (Calgary: Canadian Institute of Resources Law, University of Calgary, 1990).

Professor A. Lucas writes in areas of Administrative Law, Environmental Law and Water Law.

In this monograph he considers the issues that affect the transferability of water rights, primarily in Alberta. Although it is written prior to the new Water Act, the discussion is relevant to

 5

licenses which precede the Act and the case studies set out terms and conditions of licenses which are still valid. One of the primary impacts of the book is the suggestion that conditions of the licenses may be ultra vires the Act as it then was which would make the indefinite term license of questionable validity.

Muldoon, P., and Valiante, M., Toxic Water Pollution in Canada: Regulatory Principles for Reduction and Elimination with Emphasis on Canadian Federal and Ontario Law (Calgary: Canadian Institute of Resources Law, 1989).

The writers address the impact of cumulative point and non-point source pollution, the legislative schemes that may apply and recommend alternatives.

Percy, D., The Framework of Water Rights Legislation in Canada (Calgary: Canadian Institute of Resources Law, 1988).

This book divides Canada into three areas – Western Canada, Northern Canada and Ontario and describes the framework for water rights of each.

Saunders, O., Inter-jurisdictional Issues in Canadian Water Management (Calgary: Canadian Institute of Resources Law, University of Calgary, 1988).

The writer focuses on the issues arising from the arrangements between the federal government and the provinces concerning inter-provincial waters.

Wenig, M., Fisheries Act and Watershed Management (LL.M. Thesis, University of Calgary Law School, 1999) [unpublished].

Mr. Wenig compiles an extensive historical and jurisprudential database of history and cases concerning the Fisheries Act and the potential for use of this legislation for managing watersheds as ecosystems. His review of the Fisheries Act focuses on the sections dealing with fish habitat and his authorities are extensive. He concludes that the existing legislative framework will permit the ecosystem approach to watershed management if federal Department of Fisheries and Oceans acts. To date, there has been very little action and the provinces are moving into the breach.

Winterbourne, K., Constitutional and International Trade Law Challenges to Provincial Regulation of Water Exports (LL.M. Thesis, University of Calgary Law School, 2002)

[unpublished].

6

This thesis reviews the authority of each of the provinces over provincial water and identifies the  ways in which the jurisdiction of each can be challenged, particularly in the event a exercises control over water transfer between basins, provinces and countries.

ARTICLES - Canada Gibson, D., “The Constitutional Context of Canadian Water Planning” (1969) 7 Alta L.

Rev. 71

In this article the author identifies legal issues arising from the federal and provincial jurisdictions over water. He argues that an Interjurisdictional basin management structure, which takes the focus off who has jurisdiction, is a viable option.

La Forest, G., “Inter-provincial Rivers” (1972) 50 CBR 39

The writer deals exclusively with the agreements affecting interprovincial rivers. He considers whether the international principle of Thalweg, the central channel of the river, or the common law principle of ad medium filum aquae ought to apply to the boundaries between provinces formed by rivers and identifies issues arising from each.

Laskin, B. “Jurisdictional Framework for Water Management” in Resources for

Tomorrow Conference Background Papers Volume I Minister of Northern Affairs and National Resources 1961 (Ottawa: Queen’s Printer, 1961) 211.

This is a seminal article that lays out both the common law and constitutional jurisdiction of the federal and provincial governments to manage water in Canada.

Valiante, M., “TheGreat Lakes Charter Annex 2001: Legal Dimension of Provincial Participation” (2003) Vol. 13, Journal of Environmental Practice 47

In this recent article, Valiante explores the extent of the authority of the provinces of Ontario and Quebec to enter into Annex 2001, an agreement among these provinces and eight states to manage the water in the Great Lakes and the related ecosystems. The author focuses on Ontario setting out the common law and statutory basis for the Ontario water management strategy.

Although the bottom line is that the agreement will likely be supported because there is a tradition of political respect, she notes that the federal government has not been consulted with respect to fisheries, navigation and shipping, federal environmental jurisdiction and First Nations, which ought to be done. To further support Annex 2001, she challenges the residents of

the Great Lakes Basin to rethink their assumptions (unlimited supply) and priorities (unlimited use) to include the whole Basin and future generations.

7

International Works On Water Entitlements

Monographs - International

Beck, R. ed in chief, Waters and Water Rights (Newark: Matthew Bender & Company,2003).

This is a primary legal resource on water rights, which in eight updated volumes, describes water rights in the United States and bordering countries.

Denning, J. Ed., The Public Trust Doctrine in Natural Resources Law and Management (Davis: University of California, 1981).

The section of this book titled “Current Litigation” describes the Mono Lake litigation in which the public trust doctrine was successfully used to conserve water.

Getches, D., Water Law in a Nutshell, (St. Paul: West Publishing Co., 1997).

This book is an overview of water law in the United States.

MacDonnell, L., Rice, T., & Shupe S., eds., Instream Flow Protection in the West (Boulder: Natural Resources Law Centre, 1989).

This work is a compilation of essays on the various aspects of instream flow needs and protection created by federal, state, tribal or private authority.

Reisner, M., Cadillac Desert: The American West and Its Disappearing Water (New York: Penguin Books 2ed 1993).

This seminal work describes the history of the water supplied to Southern California, including the purchase of appropriation rights, the construction of the aqueduct from Mono Lake in Northern California and the construction of major dams. Sax, J.L., Thompson, B.H., & Nagan, W.P., et al eds., Legal Control Of Water Resources Cases And Materials third edition by of law etc. 4th ed. (St. Paul: West Group, 2000).

This book is a significant compilation of the law of water generally in the United States. The book endeavors to be on the cutting edge of an area of law that is changing and is a

8

comprehensive resource for categories of issues in water law including surface water, ground water, aboriginal rights, and water quality.

Trelease, G. & Gould, G. A., Water Law Cases and Materials, 4th ed. (St. Paul: West Publishing Co., 1986).

This book is a resource textbook of American water law.

Articles - International Butler, L., “The Pathology Of Property Norms: Living Within Nature's Boundaries” (2000) 73 S. Cal. L. Rev. 927.

This article discusses the negative or pathological impact private property norms have had on use and management of ecological systems. The theory of the writer is that private property rights must change to include environmental responsibility according to the ecological consequences of use. An scenario discussed by the author is the difference between using water at a time when it is abundant and therefore less ecologically damaging versus using water when very little is available.

Gardner, A., “The Legal Basis for the Emerging Value of Water Licences – Property Rights or Tenuous Permissions” (2002) 10 Australian Property Law Journal 8.

This article discusses the history of water rights in Australia from common law rights, through the discretionary administration and disposition of statutory privileges. He discusses the problems with discretionary licenses in relation to trading including non-transferability and questions of compensation when the terms of a license are varied as permitted by its terms. The experience in Australia continues to be relevant to Alberta law due to the fact that the original act was based on the control of water being in the crown.

Parobek, C.S., “Of Farmers’ Takes and Fishes’ Takings: Fifth Amendment Compensation Claims when the Endangered Species Act and Western Water Rights Collide” (2003) 27 Vol. Harvard Environmental Law Review 177.

This article describes the conflict between appropriators with strong water rights, based on the first in time, first in right principle, and the federal Endangered Species Act over whether the water is used for irrigation or left in the Klamath Lake, Oregon, for endangered species. The writer is of the opinion that a water right is to use only, the ownership of water remains in the

public. Although the article focuses on the American private property right to compensation in

9

the event of a taking by the federal government, it is useful from a Canadian perspective as a case history of the conflict and the legal issues that must be resolved, such as compensation.

Peck, J.C., “Property Rights in Groundwater — Some Lessons from the Kansas

Experience” (2003) 12 Kan. J.L. & Pub. Pol’y 493.

This article sets out the principles of aquifer safe yield, which are intended to limit aquifer mining to a sustainable level in a jurisdiction in which underground water is considered to be private property. He argues for limited term rights with options in the government to manage use, during the term, in emergencies.

Smith, Paula K. "Coercion and groundwater management: three case studies and a 'market' approach." (1986) Vol.16 Environmental Law. 797.

Smith reviews how Arizona, Vermont, and Orange County, California address five common groundwater management problems - waste, well interference, restrictions on the transfer, failure to acknowledge the interaction with surface water, and overdraft. She concludes boldly that "coercion in groundwater management" is necessary to remedy these problems; in addition to the establishment of market-type mechanisms that encourage efficient transfer of water supplies to areas where they are most needed. The academics must support this position, as there is very little support in the community for such drastic measures.

Thorne, V., “Water scarcity and Its Impact on Water Rights: A Real Concern for

Multinational Companies?” (2003) 33 Environmental Law Reporter 1.

The author, counsel for a major international company, describes legal issues faced by a business reliant on water in several national and international jurisdictions including the United States, Europe, Latin America, India and Africa. The doctrine of equitable utilization of apportionment as an international principle of apportionment is discussed.

10

ENVIRONMENTAL WORKS RELATED TO WATER

Monographs -Environmental

Boyd, D.R., An Unnatural Law: Rethinking Canadian Environmental Law and Policy (Vancouver: University of British Columbia Press, 2003).

This book provides a well researched, well-organized and dispassionate source of factual information on water exports as they were at the time of writing, drinking water standards focusing on source protection, water pollution point sources and water conservation options.

Brundtland, G.H., Our Common Future - World Commission on Environment and Development (Oxford, Oxford University Press, 1990)

This monograph is the seminal work on sustainability.

Colborne, T., Dumanoski, D., & Peterson, J., Our Stolen Future (Toronto, Penguin Books

Canada Ltd., 1996)

This book describes the cumulative impact human-made chemicals have on hormonal systems in water among other mediums.

Hughes, E., Lucas, A.R., & Tilleman, W. A., (eds) Environmental Law and Policy 3rd ed.(Toronto: Emond Montgomery Publications Limited, 2003).

This book is an edited compilation of sources setting out current law and policy issues in Canadian Environmental Law, including water. It is the primary reference for the introductory environmental law course for the University of Calgary.