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Looking Through Cloudy Waters — A Historical Analysis of the Legislative Declarations of Crown Water Rights in Alberta

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Author
Wenig, Michael M.
Accessioned
2010-01-29T20:57:46Z
Available
2010-01-29T20:57:46Z
Issued
2010-01
Subject
water law
Alberta water legislation
Type
Working Paper
Metadata
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Abstract
This paper analyses a keystone of the legislative framework for water rights — the legislative declarations of government or Crown rights to water in Alberta. These declarations originated in the first water rights legislation adopted by Parliament in the late 1800s, but they have been changed numerous times, resulting in a dynamic, complex and arguably confusing evolution. Viewed both individually and collectively through their evolutionary history, these rights declarations arguably raise more questions than they answer. Chief among these questions are: What purpose have they served? What non-legislative public or private rights and public duties have they recognized? Are either the declared rights, or the private rights issued from Crown rights, in the nature of “property”? And finally, is there any current legal effect of the widely varying Crown rights declarations over time? If nothing else, the numerous legislative formulations of this declaration over the years indicate that the concept of Crown rights to water is itself murky and, thus, should be clarified as part of any effort to reform the allocation system.
Refereed
No
Sponsorship
Alberta Law Foundation
This paper was prepared as part of a research project on "Water for Life" funded by the Alberta Law Foundation.
 
Corporate
University of Calgary
Faculty
Law
Url
http://www.cirl.ca
Publisher
Canadian Institute of Resources Law
Uri
http://hdl.handle.net/1880/47704
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  • Canadian Institute of Resources Law

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