Water licence (water rights)

Irrigation and livestock operations depend on water. In British Columbia and Alberta, the statute vests the property in and the right to use the water in the province, subject to the exceptions those sections state (BC s. 5; Alberta s. 3), so the right to use it rests on the statute, not on owning the land. In British Columbia, the Water Sustainability Act says a person must not divert or use water from a stream or aquifer unless they hold an authorization or the use is authorized under the regulations, subject to the exceptions in that section (s. 6). Alberta’s Water Act requires a licence for a diversion unless the Act otherwise authorizes it, subject to the exceptions in s. 49(2), such as household use and a registration (s. 49).

How the licence moves with land

In British Columbia, an authorization made appurtenant to land, a mine or an undertaking passes with a conveyance or other disposition of it, and the owner must give written notice to the comptroller or a water manager before completing the disposition (s. 25). In Alberta, a licence is appurtenant to the land or undertaking it names and runs with it on disposition unless the Lieutenant Governor in Council orders otherwise, subject to Part 5, Division 2 (s. 58). The licensee must notify the Director in writing of the disposition, unless exempted in the regulations (s. 80).

What to confirm

• The licence number, the land or undertaking it is tied to, and the purposes it allows
• Whether the parcels being sold match the land named in the licence
• Whether the notice of disposition has been planned for

This entry covers British Columbia and Alberta only. Ontario’s permit to take water has its own entry, permit to take water, and the farm business buyer checklist lists other farm records.