Temporary Diversion Licenses in the Red Deer River Watershed

Temporary Diversion Licenses (TDLs) play a significant role in water resource management within the Red Deer River Watershed. These short-term authorizations provide a regulatory framework for temporary water withdrawals while balancing ecological needs with human water demands. This report examines the nature, administration, and impact of TDLs within this important Alberta watershed.

Overview of Temporary Diversion Licenses

Definition and Purpose

A Temporary Diversion License (TDL) provides authority for the diversion and use of water for a maximum period of one year1. These licenses are specifically issued when there is a need for short-term water diversion or for emergency water supply situations3. TDLs identify the source of water supply, location of the diversion site, allocation of water allowed, and the conditions under which the diversion must take place1.

Common Applications

TDLs are typically issued for specific short-term purposes including:

Emergency water supply situations
Dust control and bridge washing
Drilling oil and gas wells (drilling fluid)
Other short-term uses not exempted under the Water Act1

Unlike term licenses which can span multiple years, TDLs are shorter in duration, ranging from a few weeks to several months6. Under section 65 of the Water Act, a copy of the TDL must be kept at the diversion site(s) and in water hauling vehicles1.

Regulatory Framework in the Red Deer River Watershed

Flow Rate Restrictions

The Red Deer River watershed has specific restrictions governing TDLs to protect ecological integrity. The maximum rate of diversion from a tributary shall not exceed 10% of the current recorded flow measured either at the point of diversion or at a downstream Water Survey Canada (WSC) hydrometric station on the tributary5. This restriction applies to the cumulative total of all upstream concurrent TDL abstractions5.

Water Conservation Objectives

The Red Deer River mainstem has established Water Conservation Objectives (WCO) that impact TDL operations:

From November to March: flow must be maintained at 45% of the natural rate or 16 m³/s, whichever is greater
From April to October: flow must be maintained at 45% of the natural rate or 10 m³/s, whichever is greater5

These restrictions ensure that ecological needs are prioritized during water allocation decisions.

Current Allocation Status

Water Allocation Distribution

The Red Deer River Watershed operates under an allocation framework that provides space for both current and future water needs. As of February 2020, total surface water allocations in the basin were 307,045 dam³, including both term (300,904 dam³) and TDL (6,141 dam³) licenses6. This represents approximately 51% of the basin's allocation target of 600,000 dam³6.

In terms of sectoral distribution, term surface water allocations in the basin were distributed as:

Agriculture: 31%
Municipal: 27%
Industrial: 23%
Water Management: 12%
Commercial: 4%
Other: 3%6

Hydraulic Fracturing Operations

One notable use of TDLs in the watershed involves hydraulic fracturing operations. As of February 2020, approximately 8.4 million cubic metres of water were allocated toward hydraulic fracturing in the basin, with 73% of this water allocated through TDLs rather than term licenses6. While hydraulic fracturing accounts for a relatively small portion (2.73%) of all surface water allocations when both term and TDL licenses are considered, these diversions have drawn public attention6.

Application Process for TDLs

Submission Methods

The application process for TDLs has evolved with technology. Depending on the applicant type, different systems are used:

For Alberta Energy Regulator (AER) applicants: Applications are submitted through the Water Act Temporary Diversion License Electronic Review System (WATERS)411.
For other applicants: TDL applications must be submitted through the Digital Regulatory Assurance System (DRAS), which connects TDLs with the rest of the regulatory lifecycle11.

Required Information

TDL applications must include:

Name, address, and telephone number of the person responsible for the diversion
Water supply identification (by name where possible)
Legal land description of the diversion site(s)
Volume of water to be diverted
Approximate start and end dates
Reason for the diversion1

During application review, additional information may be requested, including proof of landowner consent and site-specific information1.

Controversial Water Diversion Projects

Vesta Energy Case Study

A high-profile example of TDL controversy in the Red Deer River Watershed involved Vesta Energy Ltd., which obtained a TDL for fracking operations near Joffre. The company subsequently sought a multi-year license to withdraw six million cubic metres of water annually from the river for oil fracking operations10.

This application raised significant concerns among local stakeholders, including Red Deer City Councillor Lawrence Lee, who equated the water withdrawal to "having a city of 80,000 people locating upstream from Red Deer"10. The controversy highlighted a critical difference between municipal and industrial water use: unlike municipal water that is largely returned to the river after treatment, water injected into the ground for fracking is permanently removed from the watershed system10.

Hydrological Context of the Watershed

Regional Water Yield Disparities

The Red Deer River Watershed exhibits considerable variation in water yield across its regions:

Over 50% of the total water yield originates from snow and rain in the Rocky Mountains and Upper Foothills
Areas upstream from the confluence of the Blindman River and the Red Deer River near Red Deer contribute over 87% of the total yield in the entire basin
In the Dry Grasslands region, less than 1% of all precipitation typically becomes stream flow, with extremely low year-to-year reliability2

These disparities highlight why basin-wide allocation statistics may mask local patterns of water availability and scarcity, making location-specific TDL management crucial6.

Water Security Planning

Municipal Water Assurance

The Red Deer River Municipal Users Group (RDRMUG) has been proactive in addressing long-term water security. Their studies have determined that existing allocations and current applications of 329,046 dam³ could potentially be increased to a maximum of 550,000 dam³ before constraints on further allocations would be considered7.

However, under Alberta's "first in time - first in right" priority allocation system, municipalities recognized increased risk for current residents and future growth if TDLs and other allocations continue to grow7. This prompted research into methods for increasing water security for municipalities.

Conclusion

Temporary Diversion Licenses remain an important tool for water management in the Red Deer River Watershed, allowing for flexibility in water allocation while attempting to maintain ecological integrity. The regulatory framework balances multiple competing interests including municipal, agricultural, and industrial needs. As water demand increases and climate change potentially affects water availability, the management of TDLs will likely become increasingly important for sustainable watershed management.

The evolution of application systems from paper-based to electronic reflects broader modernization efforts in water governance. However, controversies such as the Vesta Energy case highlight ongoing tensions between economic development and environmental protection. Finding the appropriate balance between these priorities will remain a central challenge for water managers in the Red Deer River Watershed.

Citations:

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