Master Agreement on Apportionment

THIS AGREEMENT is made in quadruplicate this THIRTIETH day of OCTOBER, 1969, A.D.

BETWEEN:

Government of Canada, represented herein by the Minister of Energy, Mines and Resources (Hereinafter called "Canada")

- and -

Government of Alberta, represented herein by the Minister in charge of Water Resources for Alberta (Hereinafter called "Alberta")

- and -

Government of Saskatchewan, represented herein by the Minister in charge of The Water Resources Commission Act of the said Province (Hereinafter called "Saskatchewan")

- and -

Government of Manitoba, represented herein by the Minister in charge of The Water Control and Conservation Branch Act of the said Province (Hereinafter called "Manitoba")
 

WHEREAS under natural conditions the waters of the watercourses hereinafter referred to arising in or flowing through the Province of Alberta would flow into the Province of Saskatchewan and under the said conditions the waters of some of the said watercourses arising in or flowing through the Province of Saskatchewan would flow into the Province of Manitoba;

AND WHEREAS the Governor-in-Council has authorized Canada to enter into this agreement by Order-in-Council P.C. 1969-8/2051 dated October 29, 1969, and the Lieutenant Governors-in-Council for Alberta, Manitoba and Saskatchewan, respectively, have authorized them to enter into this agreement by the following Orders-in-Council:

• Alberta - O.C. 2053-69
• Manitoba - O.C. 1359/69
• Saskatchewan - O.C. 1612/69

AND WHEREAS the parties hereto deem it to be in their mutual interest that an agreement be reached among the four parties as to the apportionment as described in the schedules attached hereto of such interprovincial waters among the three Provinces;

AND WHEREAS Alberta and Saskatchewan have entered into an agreement, which agreement is attached to this agreement as Schedule A, that permits the Province of Alberta to make a net depletion of one-half the natural flow of water arising in or flowing through the Province of Alberta and that permits the remaining one-half of the natural flow of each such watercourse to flow into the Province of Saskatchewan, subject to certain exceptions as are set forth in the said agreement;

AND WHEREAS Saskatchewan and Manitoba have entered into an agreement which agreement is attached to this agreement as Schedule B, that permits the Province of Saskatchewan to make a net depletion of one-half the natural flow of water arising in, and one-half of the water flowing into the Province of Saskatchewan, and that permits the remaining one-half of the flow of each such watercourse to flow into the Province of Manitoba, subject to such conditions and agreements as therein contained;

AND WHEREAS the parties are desirous that the Prairie Provinces Water Board (referred to herein as the Board), reconstituted by this agreement will be responsible for the administration of this agreement;

AND WHEREAS the parties hereto recognize the continuing need for consultation and co-operation as between themselves with respect to the matters herein referred to so that the interests of all the parties are best served;

NOW THEREFORE, THIS AGREEMENT (hereinafter known as the Master Agreement) witnesseth that each party agrees as follows:

Interprovincial Agreements

1. Alberta and Saskatchewan agree that the agreement between them (hereinafter called the First Agreement), a copy of which is set out in Schedule A to the Master Agreement, will become binding upon them upon the date that the Master Agreement is executed.

2. Saskatchewan and Manitoba agree that the agreement between them (Hereinafter called the Second Agreement), a copy of which is set out in Schedule B to the Master Agreement, will become binding upon them upon the date that the Master Agreement is executed.

3. The parties agree to the apportionment of water between Alberta and Saskatchewan and Manitoba as provided in the First and Second Agreements and each party agrees to be bound by the said agreements as they relate to apportionment as if it were a party thereto.

4. The parties agree that the First or Second Agreement, or both, may be altered by an agreement in writing among the four parties to the Master Agreement, but not otherwise.

5. The parties agree that the First and Second Agreements will continue in force and effect until cancelled by an agreement in writing among the four parties to the Master Agreement.

Water Quality

6. The parties mutually agree to consider water quality problems; to refer such problems to the Board; and to consider recommendations of the Board thereon.

Groundwater

6.1 The parties mutually agree to consider groundwater matters that have implications affecting transboundary surface and groundwater, to refer such matters to the Board, and to consider recommendations of the Board thereon.

Monitoring

7. The parties agree that the monitoring of the quantity and quality of waters as specified in the First and Second Agreements, the collection, compilation and publication of water quantity and quality data required for the implementation and maintenance of the provisions of this agreement shall be conducted by Canada, subject to provision of funds being voted by the Parliament of Canada.

Administration

8. The parties agree, subject to Clause 9 of this agreement that if at any time, any dispute, difference or question arises between the parties with respect to this agreement or the construction, meaning and effect thereof, or anything therein, or the rights and liabilities of the parties thereunder or otherwise in respect thereto, then every such dispute, difference or question will be referred for determination to the Federal Court of Canada, Trial Division, under the provisions of the Federal Court Act of Canada and each of the parties hereto agrees to maintain or enact the necessary legislation to provide the Federal Court of Canada with jurisdiction to determine any such dispute, difference, or question in the manner provided under the Federal Court Act of Canada.

9. The parties also agree that the Board, with the consent of the parties in dispute, may cause to be prepared, a factual report of the dispute for consideration by the parties hereto prior to the referral of the dispute to the Federal Court of Canada.

10. The parties agree that the Prairie Provinces Water Board shall monitor and report on the apportionment of waters as set out in the provisions of the First and Second Agreements and ratified by this Master Agreement.

11. The parties agree to revoke the agreement dated July 28, 1948, establishing the Prairie Provinces Water Board and to reconstitute the Prairie Provinces Water Board in the form of Schedule C hereto and the said Schedule shall form and become part of this Master Agreement.

12. Because the Orders-in-Council referred to in Schedule D hereto will become redundant upon the execution of this Master Agreement, the parties agree to take steps to have them revoked.

13.The parties agree for the future application of the provisions of the Master Agreement (and the First and Second Agreements thereunder), to work together and to co-operate to the fullest extent each with the other for the integrated development and use of water and related resources to support economic growth according to selected social goals and priorities and to participate in the formulation and implementation of comprehensive planning and development programs according to their national, regional and provincial interest and importance.

14. No Member of the Parliament of Canada or Member of the Legislative Assemblies of the Provinces party to this agreement shall hold, enjoy, or be admitted to any share or part of any contract, agreement, commission or benefit arising out of this agreement.

IN WITNESS HEREOF Canada has caused its presents to be executed by its Minister of Energy, Mines and Resources, and Alberta has caused its presents to be executed by its Minister in charge of Water Resources, and Saskatchewan has caused its presents to be executed by its Minister in charge of The Water Resources Commission Act, and Manitoba has caused its presents to be executed by its Minister in charge of The Water Control and Conservation Branch Act of the day and year first mentioned above.

A. Davidson
Witness to the signature of the Minister (Energy, Mines and Resources) for Canada
J.J. Greene
Minister (Energy, Mines and Resources) for Canada

October 30, 1969

R.E. Bailey
Witness to the signature of the Minister in charge of Water Resources for Alberta
Henry A. Ruste
Minister in charge of Water Resources for Alberta

October 30, 1969

Harold W. Pope
Witness to the signature of the Minister in charge of The Water Resources Commission Act for Saskatchewan
Allan R. Guy
Minister in charge of The Water Resources Commission Act for Saskatchewan

October 30, 1969

Thomas E. Weber
Witness to the signature of the Minister in charge of The Water Control and Conservation Branch Act for Manitoba

Leonard S. Evans
Minister in charge of The Water Control and Conservation Branch Act for Manitoba

October 30, 1969

4th Recital Clause amended on July 5, 1984
Description of the parties amended April 2, 1992

Section 6.1 amended on April 2, 1992