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Inter-jurisdictional Water Law?SSRB
Hurlbert, M 2006 English

Canada?s water law evolves from many different sources and influences. It commenced with the riparian water laws of Britain, where laws developed on a case-by-case basis in a land of relative water abundance. This law was adopted in Canada but then modified by statute in respect of western Canada first by the Canadian government and later the provincial governments after the formation of the provinces of Alberta and Saskatchewan and the Natural Resource Transfer Agreements of 1930. In the aftermath, Alberta and Saskatchewan water law and policy have diverged, yet in some federal lands in the provinces federal water law and policy remains in tact. Now a complex web of federal and provincial laws, institutions and policies apply to the South Saskatchewan River Basin running through Alberta and Saskatchewan along with interprovincial agreements and co-management institutions. Although the South Saskatchewan River is one continuous body of water, laws differ between Alberta and Saskatchewan. This is further complicated when laws relating both to quantity and also quality of water are examined. Although quantity and quality of water issues are interrelated ecologically and scientifically, the laws in relation to quantity and quality have very few connections. This paper will outline the constitutional framework of water law and provincial, federal and inter-provincial water institutions relating to both water quantity and quality. This review includes provincial statutes relating to water quantity and quality and principles of constitutional paramountcy and jurisdiction. Thereafter issues, discrepancies and conflicts will be identified and discussed as well as a plan for the future

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