Instream Flow Protection and Alberta's Water Resources Act: Legal Constraints and Considerations for Reform

Date
1992
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Canadian Institute of Resources Law
Abstract
This paper examines the techniques available in Alberta's Water Resources Act to protect instream flow. In river basins not yet fully allocated, instream flow has the potential to be adequately protected; however, changes to Alberta's Water Resources Act (including the linking of statutes, market transfer of water rights, and the removal of the preference of use approach found in section 11 of the Act) would enhance the protection of instream flow in fully allocated river basins. This paper concludes that in order to better protect instream flow, Alberta should adopt a system of water law which allows for the market transfer of water rights.
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Citation
Steven J. Ferner, Instream Flow Protection and Alberta's Water Resources Act: Legal Constraints and Considerations for Reform (Calgary: Canadian Institute of Resources Law, 1992)