Open Letter to the Honourable Diana McQueen, Minister of Environment and Water

We the undersigned are concerned about the government’s current review of the Water Act and its potential impact on ecosystems, human health, treaty obligations, and the future development and sustainability of our communities and the economy in Alberta.

We believe that water, essential to all life, is a human right and that any system of allocation must prioritize maintaining sufficient in-stream flows, ecosystem health, and basic human needs above other uses, as well as recognize treaty obligations to First Nations peoples.

We are troubled that the Government of Alberta is moving towards a province-wide, largely deregulated market for water allocation, and doing so with no consultation with First Nation communities and residents in Alberta. The protection of water resources is a shared responsibility – meaning that all levels of government, First Nations, civil society, municipalities, rural districts, businesses and individuals have a role to play in conserving this important resource.

A market system that distributes water based on the ability to pay is not appropriate for a resource as critical as water. Moving to a market system is a fundamental abdication of the province and federal government’s fiduciary obligations. It will leave decisions about future development in the province up to a small number of players with senior licenses who will be able to act as water brokers, profiting by selling access to an essential resource that they received from the government for free. Decisions about who has access to water should be made by government in partnership with First Nation communities and should focus on environmental needs and the public interest. Such a focus is not possible when left to market forces. We have already seen other jurisdictions experience failures with water markets, resulting in rivers running dry and leaving towns and First Nation communities waterless because other entities with more money were able to buy up licenses.

Based on the three reports on water allocation released in November 2009 by the government, it appears that only market options have been explored and that the government has already decided that water markets will be the primary mechanism through which water will be allocated in the future. It is, however, the responsibility of the government to explore all policy options – and the experiences of other jurisdictions that have implemented them – in the process of deciding what system will work best for Alberta. Once a market-based water allocation system is established it will be irreversible because of obligations under international trade agreements. The government’s exclusive focus on a market-based system does not provide policy makers or people in Alberta with the full range of options before them, including ones that prioritize treaty rights and environmental and public interest objectives. Albertans deserve to see a range of real solutions before changes are made to the Water Act.

Decisions about how water will be allocated in Alberta are too important to be left up to a handful of stakeholders. Since your 2008 announcement that the Water Act would be reviewed and updated, the Alberta Government has consulted exclusively behind closed doors with its own appointed experts. Government efforts to engage First Nation communities and the public about the water allocation review have been wholly inadequate, and must be expanded and given sufficient time to ensure that the concerns of all people in Alberta are taken into account before sweeping changes are made. Albertans are deeply concerned about water in the province and have a right to engage on the issues of water and water allocation. It is the obligation of the government to ensure opportunities for meaningful public participation.

The Government of Alberta also has a fiduciary responsibility to respect the unique relationship and rights First Nations have regarding the land and water. First Nations rights and traditional practices, including fishing, hunting, and trapping, are all dependent on healthy freshwater ecosystems. Therefore, threats and impacts to water quality and quantity have direct implications for the cultural and economic survival of First Nation peoples. First Nations' rights require that they be meaningfully involved in water use and allocation decisions, as they are important factors in water management decision-making across the country.

We recognize the current water allocation system is inadequate to address the increasing water crisis in the province, and that fundamental changes are required. However, moving towards a market-based system for allocation will make the current situation worse, not better. We therefore call on you to:

1. Develop a provincial water allocation system that focuses on the public interest by prioritizing ecosystem health, basic human needs, and treaty and First Nation rights, rather than a market-based system that allocates access to water based on the ability to pay.
2. Explore and present to First Nations and residents in Alberta a range of policy options for how Alberta’s out-of-date water allocation system could best be updated to meet current challenges and expected future pressures.
3. Conduct broad and meaningful consultations with the public, impacted groups, and First Nations on the full range of options before making changes to the Water Act.

Signed:

Thank you for taking the time to sign this open letter. Your voice is so very important to our future.