Schedule E

Agreement on Water Quality

THIS AGREEMENT made this SECOND day of APRIL, A.D. 1992.

BETWEEN:

The Government of Canada, as represented by the Minister of the Environment, (hereinafter called "Canada")

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The Government of Alberta, as represented by the Minister of the Environment and by the Minister of Federal and Intergovernmental Affairs, (hereinafter called "Alberta")

- and -

The Government of Manitoba, as represented by the Minister of Natural Resources, (hereinafter called "Manitoba")

- and -

The Government of Saskatchewan, as represented by the Minister for the Saskatchewan Water Corporation, (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 water quality of the said watercourses is important to the social and economic development as well as the environmental and public protection of all of the parties to this Agreement;

AND WHEREAS the parties entered into an agreement dated October 30, 1969, and an Amending Agreement on April 30, 1984, collectively referred to herein as the "Master Agreement", providing for the apportionment of water in watercourses arising in or flowing through the Provinces of Alberta, Saskatchewan, and Manitoba and providing for the reconstitution of the Prairie Provinces Water Board, hereinafter referred to as the "Board", which is responsible for the administration of the Master Agreement;

AND WHEREAS the parties have in paragraph 6 of the Master Agreement agreed to consider water quality problems, to refer such problems to the Board, and to consider recommendations of the Board thereon;

AND WHEREAS, in furtherance of the provisions of paragraph 6 of the Master Agreement, and on the recommendation of the Board, the parties consider it is in their mutual interest that an agreement be entered into on certain water quality objectives for the water in the said watercourses;

AND WHEREAS the parties intend to define the mandate of the Board in respect of interprovincial management of water quality of the said watercourses;

NOW THEREFORE THIS AGREEMENT witnesseth that the parties mutually agree as follows:

DEFINITIONS

1. IN THIS AGREEMENT:

(a) "aquatic environment" means water and the environment containing all living things upon or in water including all bottom substrates and physical, chemical and biological constituents;

(b) "ecosystem" means a system made up of a community of animals, plants and microbes and its interrelated physical and chemical environment;

(c) "interprovincial water quality management" means management of the water in accordance with the water quality objectives agreed to herein by the parties as set out in the Tables referred to in Attachment "A";

(d) "monitoring" means the process of developing plans for the collection of samples from the aquatic environment, conducting analyses and interpretation of data that is provided by Canada pursuant to paragraph 7 of the Master Agreement;

(e) "objective" means a numerical concentration or narrative statement of limit or limits, to a chemical, physical or biological variable within a river reach, that will support and protect uses of water, as such limit or limits are more particularly specified in each of the Tables referred to in Attachment A annexed hereto and forming a part hereof;

(f) "river reach" means each section of a river of a predetermined length that is identified in Attachment A;

(g) "watercourse" means any river, stream, creek, 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, or from the Province of Saskatchewan to the Province of Manitoba, and includes all tributaries of each such river, stream, creek or natural channel which do not themselves cross the common boundary between the Provinces of Alberta, Saskatchewan, and Manitoba. Such tributaries as do themselves cross the said common boundaries between the Provinces of Alberta, Saskatchewan, and Manitoba shall be deemed to be "watercourses" for the purpose of this Agreement.

WATER QUALITY MANDATE

2. The mandate of the Board with respect to water quality in the watercourses shall be to foster and facilitate interprovincial water quality management among the parties that encourages the protection and restoration of the aquatic environment.

WATER QUALITY OBJECTIVES

3. The objectives specified in the Tables that are referred to in Attachment A are considered by the parties to be appropriate and acceptable water quality objectives in each river reach.

4. If the concentration of a chemical, physical or biological variable in a river reach, as a result of human activities, is not within the acceptable limit or limits when compared to the agreed objective for that chemical, physical or biological variable, reasonable and practical measures will be taken by the party in whose jurisdiction the chemical, physical or biological variable originates so that the quality of the water in the river reach is within the acceptable limit or limits.

5. If the concentration of a chemical, physical or biological variable in a river reach is within the acceptable limit or limits when compared to the agreed objective for that chemical, physical or biological variable, and if trend analysis or an assessment of the impact of a proposed development indicates that water quality has been or may be significantly altered within the acceptable limit or limits, the parties shall agree as to the reasonable and practical measures that will be taken by the party in whose jurisdiction the chemical, physical or biological variable originates to endeavour to maintain the water quality in the river reach.

6. The objectives for each river reach should be reviewed on a periodic basis of at least every five (5) years.

7. Attachment "A" hereto and the numbered Tables may be amended, from time to time, by the written agreement of all the Ministers, which amendment shall be effective on the date and year of execution by the Minister last signing.

WATER QUALITY DUTIES OF THE BOARD

8. The duties of the Board with respect to its water quality mandate shall be as follows:

(a) monitoring the quality of the aquatic environment in the river reaches and making comparisons with the objectives established herein;

(b) providing a written report to the parties annually, and from time to time as the Board considers necessary, on the quality of the water in the river reaches, and providing such other reports or information as may be requested by any of the parties to this Agreement;

(c) reviewing the appropriateness of the objectives and making recommendations to the parties based on available water quality data and scientific information;

(d) promoting through consultation and the exchange of information the establishment by the parties of compatible water quality objectives in the Provinces of Alberta, Saskatchewan and Manitoba;

(e) promoting through consultation and the exchange of information a preventive and proactive ecosystem approach to interprovincial water quality management; and

(f) promoting through consultation and the exchange of information the recognition of the interdependence of quality and quantity of water in the management of the watercourses.

9. This Agreement shall take effect on the date and year of execution by the party last signing, and shall continue in full force and effect until termination of the Master Agreement, or upon any of the parties giving one years notice to the other parties of their intention to withdraw from this Agreement.

10. The headings used in this Agreement are for convenience only and are not to be considered a part of this Agreement and do not in any way limit or amplify the terms and provisions of this Agreement.

11. 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 WHEREOF Alberta has caused these presents to be executed by the Minister of the Environment and the Minister of Federal and Intergovernmental Affairs, and Manitoba has caused these presents to be executed by the Minister of Natural Resources, and Saskatchewan has caused these presents to be executed by the Minister responsible for the Saskatchewan Water Corporation, and Canada has caused these presents to be executed by the Minister of the Environment, on the day and year first mentioned above.

THE GOVERNMENT OF CANADA

T. Price, Witness per: Jean J. Charest, Minister of the Environment January 23, 1992

THE GOVERNMENT OF ALBERTA

S. Burns, Witness per: Ralph Klein, Minister of the Environment February 21, 1992
Approved Pursuant to the Alberta Department of Federal and Intergovernmental Affairs Act

James D. Horsman, Minister of Federal and Intergovernmental Affairs March 11, 1992

THE GOVERNMENT OF SASKATCHEWAN

J. Samuelson, Witness per: Darrel Cunningham Minister responsible for the Saskatchewan Water Corporation
March 25, 1992

THE GOVERNMENT OF MANITOBA

L.J. Whitney, Witness per: Harry Enns Minister of Natural Resources
April 2, 1992 Date

Attachment "A" To Schedule E

Listing of River Reaches and Reference to Tables of Water Quality Objectives

Attachment A in Schedule E also contains the tables of all of the water quality objectives for each of these 12 river reaches. The complete list of objectives are provided in the Water Quality Monitoring and Site Objectives menu; the complete table can be downloaded or tables of objectives and photographs can be viewed for each river.