Schedule A

(The following text reflects 1999 amendments)

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

BETWEEN:
 

HER Majesty, the Queen, in right of Alberta, represented herein by the Minister in charge of Water Resources for Alberta (Hereinafter called "Alberta")

- and -

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

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 parties hereto deem it to be in their mutual interest and in the interest of Manitoba that an agreement in principle be reached among the said three Provinces as to the apportionment of such interprovincial waters among them;

AND WHEREAS the parties hereto are of the opinion that an equitable apportionment of such waters as between the adjoining Provinces of Alberta and Saskatchewan would be to permit 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 to permit the remaining one-half of the natural flow of water of each such watercourse to flow into the Province of Saskatchewan, subject to certain prior rights as are hereinafter set forth or may hereafter be mutually agreed upon in writing;

AND WHEREAS on the basis of the foregoing apportionment as between the Provinces of Alberta and Saskatchewan the parties hereto are of the opinion that in a similar manner, an equitable apportionment of the remainder of the natural flow of the said watercourses that flow into the Province of Manitoba after permitting the Province of Alberta to make its depletion of one-half thereof would be to permit the Province of Saskatchewan to make a net depletion of one-half of the said remainder and to permit the other one-half thereof to flow into the Province of Manitoba; and that the natural flow of any tributaries to the said watercourses which tributaries join the said watercourses in the Province of Saskatchewan without arising in or first flowing through the Province of Alberta could be apportioned one-half to the Province of Saskatchewan and one-half to the Province of Manitoba in a manner similar to the apportionment of waters as between the Provinces of Alberta and Saskatchewan, in all cases subject to such prior rights as may be mutually acknowledged by the said Provinces of Manitoba and Saskatchewan;

AND WHEREAS the parties hereto recognize the continuing need for consultation and cooperation as between themselves and with Manitoba with respect to the matters herein referred to so that the best and most beneficial use of the said waters may be made and the interests of all said provinces best served:

NOW THIS AGREEMENT witnesseth as follows:

1. IN THIS AGREEMENT:

(a) "Natural flow" means the quantity of water which would naturally flow in any watercourse had the flow not been affected by human interference or human intervention, excluding any water which is part of the natural flow in Alberta but is not available for the use of Alberta because of the provisions of any international treaty which is binding on Alberta.

(b) "Watercourse" means any river, stream, creek, inter-provincial lake, or other natural channel which, from time to time, carries a flowing body of water from the Province of Alberta to the Province of Saskatchewan, and includes all tributaries of each such river, stream, creek, inter-provincial lake, or other natural channel which do not themselves cross the common boundary between the Provinces of Alberta and Saskatchewan. Such tributaries as do themselves cross the common boundary between the Provinces of Alberta and Saskatchewan shall be deemed to be ?watercourses? for the purpose of this agreement.

(c) "Inter-provincial lake" means any lake that is situated on or intersected by the common boundary between the Provinces of Alberta and Saskatchewan which either has no outlet or, if it does have an outlet, drains from time to time into a river, stream, creek, lake, or other natural channel situated in the Province of Saskatchewan, or into a river, stream, creek, lake, or other natural channel situated in Alberta and which carries a flowing body of water from the Province of Alberta to the Province of Saskatchewan.

2. (a) The parties hereto shall mutually establish a method by which to determine the natural flow of each watercourse flowing across their said common boundary.

(b) For the purpose of this agreement, the said natural flow shall be determined at a point as near as reasonably may be to their said common boundary.

(c) Notwithstanding sub-paragraph (b) the point of which the natural flow of the watercourses known as the South Saskatchewan and Red Deer Rivers is to be determined may be, at the option of Alberta, a point at or as near as reasonably may be below the confluence of the said two rivers.

3. Alberta shall permit a quantity of water equal to one-half the natural flow of each watercourse to flow into the Province of Saskatchewan, and the actual flow shall be adjusted from time to time on an equitable basis during each calendar year, but this shall not restrict or prohibit Alberta from diverting or consuming any quantity of water from any watercourse provided that Alberta diverts water to which it is entitled of comparable quality from other streams or rivers into such watercourse to meet its commitments to Saskatchewan with respect to each watercourse.

4. Notwithstanding paragraph 3 hereof, the following special provisions shall apply as between the parties hereto with respect to the watercourse known as the South Saskatchewan River.

(a) Alberta shall be entitled in each year to consume, or to divert or store for its consumptive use a minimum of 2,100,000 acre-feet net depletion out of the flow of the watercourse known as the South Saskatchewan River even though its share for the said year, as calculated under paragraph 3 hereof, would be less than 2,100,000 acre-feet net depletion, provided however Alberta shall not be entitled to so consume or divert, or store for its consumptive use, more than one-half the natural flow of the said South Saskatchewan watercourse if the effect thereof at any time would be to reduce the actual flow of the said watercourse at the common boundary of the said Provinces of Saskatchewan and Alberta to less than 1,500 cubic feet per second.

(b) The consumption or diversion by Alberta provided for under the preceding sub-paragraph shall be made equitably during each year, depending on the actual flow of water in the said watercourse and the requirements of each Province, from time to time.

5. The parties hereto shall work together and co-operate to the fullest extent, each with the other, for the most effective, economical and beneficial use of waters flowing from the Province of Alberta into the Province of Saskatchewan, including the construction and operation of approved projects of mutual advantage to our Provinces on a cost-share basis proportionate to the benefits derived therefrom by each Province, (the approval of which projects shall not be unreasonably withheld by either of the parties hereto) and shall enter into such other arrangements, agreements or accords with each other, and with the Governments of Canada and other Provinces to best achieve the principles herein agreed upon.

6. Notwithstanding paragraph 3 hereof, with respect to each of the three watercourses known as Battle Creek, Lodge Creek, and Middle Creek, the annual flow shall be apportioned such that, in each of the said watercourses, Alberta permits a quantity of water equal to 75 percent of the natural flow to pass the interprovincial boundary from Alberta to Saskatchewan.

7. If at any time any dispute, difference or question shall arise between the par-ties or their representatives touching this agreement or the construction, meaning and effect thereof, or anything therein, or the rights or liabilities, of the parties or their representatives thereunder or otherwise in respect thereto then every such dispute, difference or question shall be referred for determination to the Federal Court of Canada under the provisions of the Federal Court Act of Canada, and each of the parties hereto agrees to 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.

8. This agreement shall become effective upon the execution of an agreement by Canada, Alberta, Manitoba and Saskatchewan relative to the apportionment of waters referred to in this agreement.

IN WITNESS WHEREOF Alberta has caused these presents to be executed on its behalf by its Minister in charge of Water Resources, and Saskatchewan has caused these presents to be executed by its Minister in charge of The Water Resources Commission Act, both on the day and year first above mentioned.