Water use during scarcity

During times of water scarcity or drought, the Province can apply a number of regulatory options, alone or in combination to protect the rights of water users, aquatic ecosystems and fish populations.

On this page

• The precedence of rights
• Temporary protection orders
• Terms and conditions of a water licence or use approval

The precedence of rights

The precedence of water rights is established under section 22 of the Water Sustainability Act (WSA), a system commonly referred to as “first in time, first in right” or FITFIR. The date of precedence on an authorization (water licence or use approval) determines who is allowed to use their full allocation of water first during times of water scarcity or drought. The authorization with the earliest precedence date has first right to divert or use available water first from a stream (and any hydraulically connected aquifer) or an aquifer (and any other hydraulically connected aquifer).

A stream, its tributaries and any aquifer that is hydraulically connected to the stream is managed as a single resource. An aquifer that is not hydraulically connected to a stream may be hydraulically connected to other aquifers and those aquifers may be managed as a single resource. 

Which water users may be restricted under FITFIR?

The WSA incorporated groundwater users into the same system of precedence of rights that has applied to stream water users for over a century. Statutory decision makers under the WSA may issue orders under section 93 of the WSA to enforce FITFIR that may affect water licence and use approval holders, domestic users and transitioning groundwater applicants who have not yet received a decision on their application.

Note that in most cases where a water user is authorized to store water for future use, restrictions on the diversion and use of water during times of scarcity will not apply to that stored water.

Essential Household Use During Periods of Water Scarcity

When FITFIR is enforced on a source due to water scarcity, domestic users may be among those users whose right to divert and use water is restricted. Domestic users will not be prohibited from continuing to divert and use up to 250 litres per day per dwelling for essential household use.

See section 22 (10) and (11) of the WSA for more information on essential household use.

Temporary protection orders

Temporary protection orders are regulatory measures that statutory decision makers can take to curtail water users during times of water scarcity to protect aquatic ecosystem health.

Terms and conditions of a water licence or use approval

A water licence or use approval grants the right to use water from a stream or aquifer in accordance with the terms and conditions set out in the water licence or use approval.

Conditions may be included in a licence or use approval that prescribe limits on the timing of water use or may require the water user to suspend water use depending on flow conditions.

Holders of a licence or use approval are responsible for reviewing and following the terms and conditions of their authorization to ensure compliance.

Compliance with the terms and conditions of a licence or use approval is an important part of water use during scarcity.

Water Storage

The storage of water from surface water or groundwater requires a water licence. Before drought occurs, those authorized to store water should do so in the manner provided in their authorization, which typically allows water to be stored during the wetter months. A storage system can collect water from peak spring flows for use later in the summer. If drought conditions are extreme, water users may be ordered to release flows from storage to support stream health.