Securing Water Rights: Analyzing The Water Act, Case Law And Lessons For Lenders

Water rights vary from province to province; in Alberta water rights are primarily covered by the Water Act (the "Act").¹ Under the Act, there are three primary ways that an agricultural business may divert water:

1. Water License
2. Exempted Agriculture User
3. Traditional Agriculture User

The Act also establishes a system of priority referred to as "First-in-Time, First-in-Right" or FITFIR. A license or registration's priority is determined by its priority number, which are assigned at the time of issuance, in ascending order. The older the entitlement, the lower its priority number will be. Generally speaking, in times of water shortage, those with numerically lower priority numbers (and thus an older license or registration) will take the full allocation of water allotted to them by their entitlement, as they were the "First-in-Time". Those with later registration may be forced to go without. As such, the lower the entitlement's priority number, the earlier