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.
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.
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”.
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)
River, would you
have look for specific regulations or contact the office of
the Canadian Coast
Guard.
-----Original
Message-----
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
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
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!
- #Make up your mind to vote
- #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.
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