Municipality of Crowsnest Pass v. Director, Southern Region, Environmental Management, Alberta Environment.

Alberta Environment refused to issue a water licence under the Water Act to the Municipality of Crowsnest Pass for a water well located near the community of Sentinel, Alberta. The reason Alberta Environment refused to issue the licence was a possible connection between the proposed well and Crowsnest Lake or other surface water sources. Alberta Environment has placed a reservation on all surface water and groundwater that naturally flows to and from surface water sources, in most of southern Alberta, the effect of which is to limit the issuance of new water licences from such sources. Following a hearing, the Board concluded the water being requested under the licence was reserved water and, therefore, the Board recommended to the Minister that the Director’s decision be upheld. Based on the evidence and data provided, significant uncertainty remained as to whether the water applied for was hydraulically connected to surface water. The purpose of the reservation in the South Saskatchewan, Oldman, and Bow river basins is to protect and conserve water for downstream water users and future users. Given the absence of compelling site-specific data that could demonstrate with a greater degree of certainty that the aquifer is not connected to a surface water body, the Board applied the precautionary principle. The water applied for was, therefore, reserved water, and the Board recommended no licence should be issued.