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ARTICLE · 10 JUNE 2008

Alberta’s New Water Management Framework For The Lower Athabasca River

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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Alberta’s oil sands industry is dependent upon the Athabasca River to provide water for both mining operations and in situ production of bitumen.

CanadaEnvironment

Alberta's oil sands industry is dependent upon the Athabasca River to provide water for both mining operations and in situ production of bitumen. The amount of water and the rate at which water can be withdrawn from the Athabasca by oil sands operators is regulated by Alberta Environment ("AENV") under the Water Act. Approved oil sands mining operations are currently licensed to divert 349 million m3 of water each year from the Athabasca River. This volume is expected to increase significantly as a result of the rapid expansion of the oil sands industry.

The Water Act enshrines the "first in time, first in right" priority system of water diversion in Alberta. All licences issued under the Water Act are assigned a priority, which corresponds to the date and time an application is filed (s. 29). Licences issued under prior legislation were grandfathered under the Act and "deemed" to retain their

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