Alberta Regulation 93/2023, officially known as the “Water (Ministerial) Amendment Regulation,” represents an overhaul of the Water (Ministerial) Regulation (AR 205/98) under the Water Act in Alberta. This regulation introduces key amendments to refine and modernize the management of stormwater and related infrastructure.

One of the amendments is the expansion of the definition of “storm drainage storage facility” in Section 1(1) of the Water (Ministerial) Regulation. Previously, the regulation addressed various water storage and management structures without specifically defining stormwater facilities. The updated definition now explicitly describes a “storm drainage storage facility” as infrastructure designed to store surface water runoff primarily resulting from precipitation on land used for residential, commercial, or industrial purposes. Notably, this definition excludes dugouts (water storage pits), excavations for construction material extraction, and water bodies created through mining or other resource extraction activities.

The regulation amends Schedule 3 by incorporating new provisions concerning the diversion of water from storm drainage storage facilities. These provisions stipulate specific conditions for such diversions. The total volume of water diverted must be less than 6,250 cubic meters per year. Furthermore, the facility must be authorized under various acts, including the Water Act, Coal Conservation Act, Environmental Protection and Enhancement Act, Geothermal Resource Development Act, Mineral Resource Development Act, or Oil and Gas Conservation Act. The diversion must be executed by the holder of the relevant authorization or their authorized representative, and the quality of the diverted water must comply with the discharge standards set forth by the authorization. It is also required that the diverted water does not originate from a natural water body or watercourse and that the storm drainage storage facility is not involved in wetland replacement as defined by the Code of Practice for Wetland Replacement Works. Moreover, the diversion must not adversely impact the aquatic environment, household users, licensees, traditional agricultural users, or any land parcel.

These amendments aim to provide enhanced clarity and regulatory oversight regarding storm drainage storage facilities and water diversion practices. By refining the definition of such facilities and specifying the conditions for permissible water diversions, the regulation seeks to promote responsible stormwater management and bolster environmental protection.

Alberta (93/2023) May 15, 2023