553 Water Law (Percy)

LAW553

Water Law

(Percy)

Prerequisite courses: 

Prerequisite for:

Instructor(s): Professor David Percy

Course credit: 3

Method of presentation: Seminar

METHOD OF EVALUATION

As a result of comments made by members of the class in 2024, the course evaluation will consist of two elements:

An in-class open book examination on the Basics of the Law of Water Allocation will be held on March 3, 2025. This examination will be worth 30% of the final grade in the course. 

A term paper will be worth 70% of the final grade. The term paper should not exceed 6000 words, not including references (approximately 20 pages with a font size of 12).  

COURSE DESCRIPTION

This seminar is intended to provide a legal background in Water Law and to provide an opportunity for supervised research and writing.  It deals with Water Law and management in Western Canada. In the first part of the course, students will learn the historical legal background to the law of water allocation in western Canada.  In brief water allocation deals decides who is entitled to divert and use water and the rules that apply during water shortages. We will then discuss the current legal and management framework for surface and ground water in Alberta, with comparisons to other jurisdictions in Canada and elsewhere. This discussion will examine the ability of water law to respond to an era of climate change.  We will examine issues of water pollution, the constitutional responsibility for water in Canada and arrangements to deal with shared water resources.  

The second part of the course will consist of student-led seminars.  Students will give a presentation with an approximate duration of 20 minutes on their work in progress. Research topics can cover a broad spectrum and deal with anything connected to water.  They may include, for example, responses to water scarcity, industrial use and reuse of water, wetlands, the protection of aquatic resources, water rights and property rights, Indigenous water rights, water as a human right, problems of inter-jurisdictional waters and water in international law.

SPECIAL COMMENTS

Description updated 2024-25. Please contact the instructor for any specific questions you may have related to this particular course section.

REQUIRED TEXTS (IF ANY):

N/A