Law and Science Series No. 1: The Contemporary Methodology for Claiming Reserved Instream Flow Water Rights to Support Aquatic Habitat

Modelling of instream flow needs: the link between sediment and aquatic habitat

Regulated Rivers Research & Management ◽

10.1002/(sici)1099-1646(199801/02)14:1<79::aid-rrr478>3.0.co;2-9 ◽

1998 ◽

Vol 14 (1) ◽

pp. 79-94 ◽

Cited By ~ 56

Author(s):

Robert T. Milhous

Keyword(s):

Aquatic Habitat ◽

Instream Flow

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A review of statistical methods for the evaluation of aquatic habitat suitability for instream flow assessment

River Research and Applications ◽

10.1002/rra.918 ◽

2006 ◽

Vol 22 (5) ◽

pp. 503-523 ◽

Cited By ~ 170

Author(s):

Behrouz Ahmadi-Nedushan ◽

André St-Hilaire ◽

Michel Bérubé ◽

Élaine Robichaud ◽

Nathalie Thiémonge ◽

...

Keyword(s):

Statistical Methods ◽

Habitat Suitability ◽

Aquatic Habitat ◽

Instream Flow

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Instream Flow and Athabasca Oil Sands Development: Contracting Out/Waiver of Legal Water Rights to Protect Instream Flow — A Legal Analysis

Alberta Law Review ◽

10.29173/alr162 ◽

2010 ◽

pp. 1 ◽

Cited By ~ 1

Author(s):

Arlene J. Kwasniak

Keyword(s):

Oil Sands ◽

Water Rights ◽

Alternative Possibilities ◽

Legal Rights ◽

Legal Analysis ◽

Instream Flow ◽

Athabasca Oil Sands ◽

Contracting Out ◽

Management Framework ◽

Federal Department

As Alberta Athabasca oil sands development increases, so do the oil sands industry’s water requirements from the Athabasca River. In an attempt to address the competing interests of industry’s needs and maintain sufficient instream flow in the River to support aquatic ecological needs, Alberta Environment and the federal Department of Fisheries and Oceans developed a Water Management Framework designed to identify and protect instream flow requirements. This article examines the Framework’s interaction with legal rights, particularly in the context of licences granted under Alberta water rights legislation. The article raises and analyzes issues concerning the enforceability of the Framework as either a contracting out or waiver of legal rights. As well it considers the effectiveness of the industry agreement made in connection with the Framework. Finally, the article discusses alternative possibilities for reconciling industry’s water needs with the protection of the aquatic environment.

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