Legend of the Fall
June 8, 2010
Today the ERCB announced its decision on the sour gas Sullivan Pipeline and additional gas wells. You can read the decision in the Sullivan section - read it and weep as they say in the movies. One would have at least hoped that the conditions would be stringent to protect this critical watershed but a reasonable impression ot them could be characterized as underwhelming.
We are not sure how you put Grizzly bears on the endangered list and then approve shortly thereafter the cutting of a pipeline and road through the middle of some of their best habitat. And water? Well, protecting an asset like a watershed doesn't add much to the GDP does it? There is a subtle difference between the terms "open for business" and "up for sale" but Alberta is not particularly well known for subtlety recently.
You can read the Pekisko Group Press Release.
Cardston County Declares Itself a Disaster Area
May 13, 2010
Recent devastating spring storms in southern Alberta in late April and early May have taken a serious toll on the ranching industry in the Cardston area. Many livestock, especially young calves, have been lost due to the intensity and frequency of the storms. Many calves developed pneumonia and need to be treated despite the recent return of warm weather.
County officials are telling the provincial and federal governments they need to step in with immediate aid to badly affected ranchers. You can read more stories by Jamie Komarnicki of the Calgary Herald and from Global TV.
The Sullivan Pipeline Legend
April 5, 2010
As of this day the decision by the ERCB on the Sullivan pipeline application has still not been rendered. Will it be a Legend of the Fall or a Legend of the Rise of common sense. The local people and their supporters wait with considerable anxiety. The implications of cutting a pipeline and associated infrastructure through the pristine headwaters is significant. Of course, the new owners of the leases, Suncor, has been shopping them around. Late breaking news as it is available!
South Saskatchewan Regional Advisory Council Input
March 15, 2010
The South Saskatchewan RAC (SSRAC) has been meeting to discuss what planning recommendations they will present to the Land Use Secretariat. The chair of the RAC is now Colin Jeffares plus there are 17 other members. You can view the SSRAC member list.
A number of organizations have put forward well thought-out submissions to the SSRAC. There will be further public consultation during the process by the SSRAC and people should be informed so they can better participate. If you wish to learn more, Click here to read some of the submissions.
Save the Planet: Eat More Beef
February 20, 2010
A story in Time Magazine from January 25, 2010 explains why cows fed solely on grass can be good for the planet. Perhaps this explains why over the centuries millions upon millions of grass-eating animals around the world didn't cause catastrophic climate change. Could the IPCC be wrong?
Read the Time article here.
The PAZ Quickstep!
After long and diligent work the ERCB decided to define a Protective Action Zone (PAZ) within which people close to, or downwind from, sour gas installations could be considered to be at some risk. Directive 071 (Emergency Preparedness and Response Requirements for the Petroleum Industry) laid out the requirements in detail.
Three ladies who believed their homes were threatened by a proposed nearby sour gas well, and having studied the PAZ description in the Directive, brashly decided that they should apply for standing at a proposed sour gas well hearing. Despite their homes being within the PAZ perimeter they were denied standing by the ERCB on January 16, 2009. The ladies thought that the ERCB was not following its own rules and consulted a lawyer. Using their own funds they brought an action against the operator, Grizzly Resources Ltd., and the ERCB. Long story short, the Court of Appeal of Alberta in their October 28, 2009 Ruling agreed with the Appellants.
The ERCB was suitably surprised by this and immediately halted all sour gas well approvals. (ERCB News Release) After all, the PAZ modelling was supposed to be state-of-the-art. But quick as a Saint Nick wink they had the solution: change the rules!
By November 13, 2009 a new press release informed the public that Directive 071 had been modified to correct the 'error'. Of course they thanked the courts for pointing out their error. We don't believe they thanked the ladies who originated the 'error correction', or reimbursed them for costs.
To help in understanding all this you may need to refer to these TLA's (Three-letter acronyms):
DDS: Digital Data Submission
EPZ: Emergency Planning Zone
ERP: Emergency Response Plan
PAZ: Protective Action Zone
RHA: Regional Health Authority
The Directive 071 Home Page.
What are Watersheds Worth?
A recent story in the National Post (November 5, 2009) recounts current research saying that "A large swath of southern Alberta and Saskatchewan was a desert just 200 years ago, with forbidding expanses of shifting sand more commonly associated with Death Valley or the Sahara". People are familiar with the dryness of the 'Palliser Triangle' but we forget, perhaps, in our technical pride that weather patterns can change and our ability to adapt is limited.
If anything, this short article should remind us of how important the 'water towers' of the Eastern Slopes and foothills are to southern Alberta. When you look at rainfall patterns in Alberta, the rangeland around Highway 22 is critical to capturing and processing water for our rivers and aquifers. The Southern Foothills Study provides a scientific basis for concern suggesting that available water - both quantity and quality - flowing from this area is on a steady downward curve. Yet the Land Use Framework planning process appears to act as if we have all the time in the world. Do we?
Development in this critical watershed is continuing. While many ranching families understand their stewardship role and protect the native fescue rangeland with low-intensity grazing, other developments including rural residential, oil and gas, gravel pits, and intensive livestock operations are threatening to pollute the streams and aquifers. Increased development is mining the assets of this area rather than protecting them.
Feather by feather we are plucking the golden goose for thankgiving dinner rather than being satisfied with its golden eggs and helping it to lay more.
The cities of Calgary and Lethbridge are a large beneficiary of the Ecological Services (golden eggs) provided by this landscape. We need the citizens of these cities to wake up and work with the people who want to protect the assets of this landscape for all of us.
What are Grasslands Worth?
The Temperate Grasslands Conservation Initiative commissioned a socio-economic research assessment in 2008 to determine the goods and services elements of the temperate grasslands and their value to humans. This assessment is now complete and is titled "What are Global Temperate Grasslands Worth? A Case for their Protection. A Review of Current Research on their Total Economic Value by Barb Heidenreich, July 2009."
Among other things the report shows the lack of research into this critical area. This is worth a read. Download and read the report: What are Global Temperate Grasslands Worth?
The Prairie Conservation Forum (PCF) website is at www.albertapcf.org
A New Superweed? A challenge to Monsanto?
Pigweed has become a serious problem for farmers using Monsanto's Roundup system. Nevertheless, Pigweed is a type of Amaranth and edible, sometimes called wild spinach. A story in RFI states,
"In late 2004, 'superweeds' that resisted Monsanto’s iconic 'Roundup' herbicide, popped up in GM crops in the county of Macon, Georgia. Monsanto, the US multinational biotech corporation, is the world’s leading producer of Roundup, as well as genetically engineered seeds. Company figures show that nine out of 10 US farmers produce Roundup Ready seeds for their soybean crops.
Superweeds have since alarmingly appeared in other parts of Georgia, as well as South Carolina, North Carolina, Arkansas, Tennessee, Kentucky and Missouri, according to media reports. Roundup contains the active ingredient glyphosate, which is the most used herbicide in the USA."
Read the full story.
ERCB / EUB History
The Canadian Institue of Resource Law (CIRL) has produced a paper on the history of the Energy Resources Conservation Board. It is an interesting bit of background information for people who have to deal with the energy industry.
Download and read the document: Resources Issue 105
Bill 36 - Alberta Land Stewardship Act
The Land-use Framework (LUF) process is ongoing with its latest report dated December 2008. This report speaks to the importance of watershed protection and land stewardship, and its contents are the basis for the Alberta Land Stewardship Act which was introduced into the Alberta Legislature in the Spring 2008 sitting.
The Bill passed Third reading on June 2, 2009, and received Royal Assent on June 4th. the Act is awaiting Proclamation. You can download and read the Bill here. It is a complicated and powerful Act that includes related amendments to more than 25 other legislative Acts.
A Regional Advisory Council (RAC) for each of the seven regions will provide advice to the Government (the Secretariat) on the development of regional plans. The RAC for the South Saskatchewan region has been announced. The 18 members of this RAC have a grave responsibility to respect and protect the land and watershed that is home to half of Alberta's population.
There has been talk about forming a sub-committee RAC to deal with the special issues along the foothills watershed area. Such a southwest RAC should have local representation from the foothills area. Now that the ALSA is passed will a southwest RAC be formed?
Bill 19 - Land Assembly Project Area Act
This land assembly Bill has been passed by the Alberta Legislature with Royal Assent on May 26, 2009. If you are a rural farmer or rancher you may feel that the target on your land just got bigger. It appears that the respect for property rights in Alberta is steadily diminishing under this government.
The following excellent article by Richard Acuña is important reading. Ricardo Acuña is executive director of the Parkland Institute, a non-partisan public policy research institute housed at the University of Alberta.
"I must admit that I started researching this column from a place of ambivalence—which is unusual for me when dealing with a piece of legislation put forth by the government of Alberta. Bill 19, the Land Assembly Project Area Act, was ostensibly written to streamline the process the Alberta government must follow in order to amass a tract of land for the purpose of large-scale public projects such as ring roads, rail lines and utility corridors. These types of projects are usually built on private land, which the government must either specially designate or expropriate in order for the project to go ahead.
It only makes sense that there must be a clear and consistent set of laws and regulations outlining how this gets done, along with the rights and recourse landowners and other impacted parties have to challenge the process. Last year’s scandal involving the now-defunct Energy and Utilities Board (EUB) hiring private investigators to spy on opponents of the massive AltaLink power line project highlights this need.
My initial ambivalence was reinforced by the belief that in a democracy private property should take a back seat to the public interest. If your land is being used in a way that damages the public interest, or if your land is needed to mount an important project that will benefit the public interest, then that land should rightfully revert to the government—in most cases with fair compensation, but not always. The Canadian Constitution, for this reason, does not explicitly recognize private property rights, and as such all Canadian jurisdictions currently have the authority to expropriate private property with or without compensation.
As I dove into the bill to determine exactly what all the hullabaloo was about, however, my ambivalence quickly turned first to suspicion then moved on to concern. The bill has already undergone a significant set of amendments by the government in response to the initial outcry, most of it coming from rural landowners, but there is still ample reason for concern.
The first thing that struck me is that the words “public interest” do not appear anywhere in the bill. Both the existing Expropriations Act and the original mandate of the EUB explicitly required that projects be weighed against the public interest. Bill 19, however, has no such requirement. Instead, Bill 19 simply requires that the government designate something as a “public project” before the act comes into play. What constitutes a public project? Well, according to section 2(d) of the bill, pretty much anything the Lieutenant Governor in Council decides is a public project.
Quite simply this means that despite government claims to the contrary the provisions of Bill 19 would apply equally to projects such as ring roads, electricity corridors, pipelines, tar sands operations and even nuclear power plants, whether or not they are necessary or in the public interest.
So what are the key provisions of Bill 19? One of the main ones is that although the act makes reference to notice and consultation processes for landowners, those processes are not enshrined in the act itself. Instead, they will be provided by regulations which, as we know all too well in Alberta, can be developed in cabinet with no debate or oversight in the legislature.
The other key element of the bill is that, once something has been designated a project area for the purposes of the bill, the government can do absolutely anything it wants on that designated land—the “notwithstanding” clause is section 3(1) ensures that no other legislation or regulation applies to it. Nuclear waste disposal, toxic dumps or CO2 storage, would all be fair game on such project areas, without the government having to deal with those pesky environmental protection laws.
Bill 19 also seems to go out of its way to place an inordinate amount of power and responsibility for its administration and interpretation in the hands of the minister. Perhaps the clearest example of this is that all that is required for the issuance of an enforcement order under the act is “the opinion of the Minister” that a contravention has taken place. All the minister has to do is present the enforcement to the court, and it will be automatically treated as a judgment by the court of guilt.
Yes, those enforcement orders are appealable, but the main concern is the assumption of guilt by the court, which goes against our legal tradition of innocent until proven guilty. Ultimately, if in the opinion of the minister you have committed an offence under the act, then the court will find you guilty and it is up to you to pay for and file an appeal to prove otherwise.
The outcry against Bill 19 has thus far come almost exclusively from rural land-owners, and they clearly have reason to be concerned. Instead of streamlining the processes now in place, the current bill actually places some potentially frightening restrictions on their right to be heard and their legal recourse in cases where the government decides to use their land for projects.
What is surprising is that there has not been a larger outcry about the bill from the environmental and activist communities. Bill 19 poses serious threats in terms of environmental practises on deemed project areas, and it places serious limits on the ability of citizens at large to challenge and oppose large-scale projects that are not in the public interest.
Ultimately, despite how it has been presented, Bill 19 is not about private property and ring roads, but is rather about limiting and controlling democracy and public opposition to the government’s pet projects, and about centralizing power for determining projects in the office of the minister. It is one more mechanism for the provincial government to continue divesting itself of responsibility for the public interest in favour of private corporate interests. We should all be alarmed and mobilizing against the passage of this bill."
Sullivan Hearings Postponed
The hearing and decision on the Sullivan Pipeline have been indefinitely postponed. Read the press release here.
The indefinite postponement of the process does not make the ERCB look good. However, this may be an opportunity to wait until the Land Use Framework process can provide some intelligent planning background for the foothills area. This Headwaters and Legacy Landscape needs a time-out from development.
Read more on the Sullivan Intervention page, and the PetroCant website.
Also, CTV W5 aired a 12 minute program investigating sour gas and the Petro-Canada proposed pipeline.
Watch it here.
US National Animal Identification System - could it come to Canada
In January 2009, Marti Oakley writes "In what can only appear to be nothing more than a last ditch effort to eradicate all family farms and ranches, USDA has been caught repeatedly misrepresenting the voluntary National Animal Identification System and many states and groups are fighting back."
Read the full article here.
Petro-Canada Sour Gas Wells and Pipeline Proposal
This is a special notice about the Petro-Canada proposal hearing starting on November 12, 2008. This proposal seeks to gain approval for the drilling of 11 new wells, plus a 56 Km pipeline along the front range west of Longview. If approved, this proposal has the potential to open up this pristine landscape to further oil and gas exploration and development. The Pekisko Group strongly opposes the approval of this project.
Attendance at the Hearing
If you live in the area this proposal will affect your future
This is an invitation to the public to attend the Petro-Canada Sullivan Creek sour gas development project hearing taking place in High River. For the current schedule call the ERCB information service at 403-297-8311.
The hearing is in regard to Petro-Canada placing two pipelines between the area 26 km west of Longview (through Eden Valley land, Kananaskis country, and both lease and deed land of Ranchers in the area) all the way down to the area west of Chain Lakes and will have impacts on recreation land use, organic Ranching and heritage fescue rangelands.
The pipeline joins highway 532 east of Bear Lake and ends up at the Petro-Canada maintenance site. It will cross 38 creeks in the process.
An additional 11 wells will be drilled in the area 26 km west of Longview, north of highway 541. These wells will contain a maximum Hydrogen Sulfide concentration of 14.58 per cent from 5 different surface locations. This hearing is open to the public to attend as witnesses. Part of the role of the Energy Resource Conservation Board (ERCB) is to determine what is in the "Public Interest" for the area and if the project fits that criteria. Please come by on any one of the above mentioned days. The future of how our land will be used and managed is being decided at every ERCB hearing, for you, the public. You may attend for a half day or a full day or even a few hours.
Read more at the Sullivan Pipeline Intervention page.
OH Ranch Heritage Rangeland Approved
On August 27, 2008, the Order in Council to create the OH Ranch Heritage Rangeland was signed. The designation of this area (originally called the Longview-Pekisko Heritage Rangeland) is an important step in protecting the foothills fescue rangeland and watershed for future generations. It is an initiative started by the Seaman family who has shown great leadership in conserving these important ecosystems.
Subsequently, on September 13th, 2008, a gathering was held at the OH Ranch to celebrate the 125th anniverary of the ranch, and to formally announce the establishment of the OH Ranch Heritage Rangeland and the plan to place conservation easements on the deeded land of the OH. Premier Stelmach attended along with Minister Morton, Minister Ady, and many other dignitaries, friends and neighbours. A press conference near the Highwood River was followed by a party and supper at the OH main ranch house area.
The combination of the Heritage Rangeland designation on the associated public lands, plus conservation easements on the deeded lands, protects a wide swath of grassland into the future.
The picture above shows Doc Seaman and Premier Stelmach at the press conference. Both the Seaman family and the Alberta Government are to be congratulated for their commitment to protecting the watershed and ecological values of the southern Alberta foothills region.
Proposed Longview-Pekisko Heritage Rangeland
The Government of Alberta's Ministry of Tourism, Parks, and Recreation, is proposing to establish a new protected area tentatively called "Longview-Pekisko Heritage Rangeland". The proposed heritage rangeland is located on public land leased by the OH Ranch near the Village of Longview in southern Alberta. This proposal celebrates and continues a legacy of range management that is over a century old. It also contributes to the goals of the provincial government's draft Land-Use Framework.
Between May 31 and July 29, 2008, Albertans are encouraged to provide their input on the proposal, and can do so in a number of ways. The feedback received will help determine the Government of Alberta's decision to establish the heritage rangeland through the formal Order in Council process. Two public information sessions will be held in July (see below) to allow for public comment and to share information on this proposed establishment of a heritage rangeland. You can access the Parks website here for more information about how to provide your input.
The Pekisko Group is strongly in favour of this proposal. We encourage people to support this new Heritage Rangeland. We would also like to thank the owners of the OH Ranch for their initiative. The establishment of such a new Heritage Rangeland by the Alberta Government would help to recognize the importance of the foothills fescue grassland of southern Alberta as an area where stewardship and protection of the landscape is paramount.
Senate Report on Rural Issues and Poverty (June 2008)
The Standing Senate committee on Agriculture and Forestry just released its final report entitled "Beyond Freefall: Halting Rural Poverty". In writing about the report in the National Post, Senator Hugh Segal says:
"After hearing from hundreds of witnesses, from all walks of rural life and study, from experts, from individuals, from companies large and small and from government, the committee discovered that what rural and remote Canadians truly want is a choice. The young people who would like to get an education and then go home, or gain that education via the Internet using the broadband access that is not currently available to rural Canada -- they want the choice. The fifth generation farmer who is desperate to keep his family land thriving --he wants the choice. And those who love rural living and do not wish to relocate to cities out of necessity -- they want the choice."
For people wishing to read this interesting report you can download a copy here. [pdf 2.3 Mb]
The Environmentally-sensitive Sustainable Ranch and Farm
When it comes to environmental sensitivity and protection, ranching and farming carried out under a stewardship ethic can be key. Environmentalism isn't just about protecting natural wild areas. It is also about growing food in a manner that doesn't damage our land and water. Consumers should be making wise choices to support the people who grow food wisely.
Michael Pollan, who serves as Knight Professor of Science and Environmental Journalism at the University of California at Berkeley, has emerged as a staunch advocate of buying local food, growing one's own produce, and generally making the kind of individual lifestyle choices that could lead to a society-wide change in consumption habits.
Read an interview with Micheal Pollan, and a separate comment on environmentalism and food.
The new draft Land-Use Framework (LUF)
The Alberta Government released the draft Land_Use Framework the week of May 19, 2008. This is an important document as it sets the direction and tone for land-use planning in Alberta for the foreseeable future. You can get further information from the Government LUF website.
We encourage people to visit the LUF website, download and read the document, and then provide comments. Please note that the deadline for comments is June 20, 2008.
The introduction, strategies and guiding principles are worthwhile and make important statements about recognizing that a problem exists and that a new land-use [planning] system is required. However, when you dig into the core of the document there are also some significant concerns.
First, under Governance, the proposed structure with a secretariat reporting to a cabinet committee ensures that land use planning will remain firmly in the political sphere. In addition, power will be centralized in Edmonton. For those people hoping for a land-use planning system more governed by agreed rules and less by politics, this structure is of significant concern.
The stated Provincial Outcomes are also of concern. Irrespective of the good words earlier in the document, it is the outcomes (goals, destinations) that indicate the specific priorities (and underlying attitudes) for the planning process.
Specific concerns about the Outcomes include:
Lists are generally done in order of priority, and the list of Outcomes puts the economy first, above both the environment and liveable communities. Perhaps the order should be reversed with the goal of ensuring healthy, productive and efficient communities first. By doing this the government would be signalling an attitude that the economy serve people. The current order suggests an attitude that people serve the economy, and that so long as the economy is vibrant then people are happy. Other than a statement that "Soil and soil fertility are maintained and/or enhanced" in the Healthy ecosystems and environment Outcome, there appears to be no outcome that recognizes the value of agriculture. Should there not, in the Sustainable Prosperty Outcome at least, be some statement that recognizes the value of a healthy and sustainable agricultural community? Agricultural people reading these outcomes would be hard pressed to find any comfort.
Another concern is related to the possible application of Land Conservation Offsets. While this concept can be a valuable tool in helping to maintain or improve the quality of the environment over large areas, it can also open the door to an attitude of allowing development of any kind anywhere, so long as the developer can afford "restitution of any damage to the environment through replacement, restoration, or compensation for impacted landscapes". Such a planning tool needs to be constrained by strict rules.
Despite this, there are some very good statements about the need to address existing Policy Gaps and areas of Provincial Interest. It is hoped that in developing this policy further, the Provincial Government has a vision of what will make Alberta prosperous in the twenty-first century and not just project recent historical patterns into the future. Looking into the future, perhaps we should worry less about peak oil and worry more about peak food!
Petro-Canada Proposed Sour Gas Pipeline
Petro-Canada has applied to the Alberta Energy and Utilities Board (now the Energy and Resources Conservation Board) for the following licences and permits:
licences to drill eleven gas wells containing a maximum hydrogen sulphide (H2S) concentration of 14.58 per cent from five different surface locations, pursuant to Section 2.020 of the Oil and Gas Conservation Regulations (OGCR) a licence to construct and operate one multiwell gas battery that would have a maximum H2S content of 15 per cent, pursuant to Section 7.002(1) of the OGCR permits to construct and operate two pipelines that would transport gas containing a maximum H2S content of 15 per cent, pursuant to Part 4 of the Pipeline Act
We would find it difficult to imagine a more potentially dangerous project. While Petro-Canada has done an admirable job of researching and developing this proposal, the fact remains that it has the potential to open up a great swath of the front range to further access and development and, with its many water crossings and new wells, has the potential to damage this key watershed. Since this is gas with a very heavy concentration of deadly sour gas it also increases the risk for any recreation in the area traversed by the pipeline.
This proposal should be shelved by the ERCB until the new Land Use Framework determines what type and degree of development is appropriate and safe for this critical area. In addition, the recommendation of IL93-9 for large-scale long-term plans is being ignored. If the ERCB approves this development now, it flies in the face of the Alberta Government's own LUF initiative, the Water for Life Strategy, and over one hundred years of policy suggestions saying that this area needs special protection.
Click here for the pipeline application (1513051)
and click here for the notice of rescheduling until November 12.
The ERCB held a pre-hearing on March 18, 2008 at Longview to hear arguments for standing related to the Petro-Canada Sullivan-Savannah sour-gas pipeline application. Click here for their decision.
The hearing was originally scheduled for August 18, 2008. However it has now been delayed until November 12, 2008. It will be held in High River.
Brian Horejsi has written a letter to the editor about the application. You can read it here.
Landowner notification of mineral leasing
The Province of British Columbia is starting a program of notifying landowners about pending oil and gas rights sales. Attempts in the past to get the Alberta Government to consider a similar program have been met with a string of reasons why it can't be done. Below is the press release dated April 4, 2008.
NEWS RELEASE
April 4, 2008
British Columbia Ministry of Energy, Mines and Petroleum Resources
OIL AND GAS LANDOWNER NOTIFICATION PROGRAM LAUNCHED
FORT ST. JOHN – The Ministry of Energy, Mines and Petroleum Resources has launched the Landowner Notification Program to provide registered surface owners in northeast B.C. with information about upcoming provincial petroleum and natural gas rights sales, announced Energy, Mines and Petroleum Resources Minister Richard Neufeld.
“We are carrying out our commitment in the BC Energy Plan to provide more information to landowners about oil and gas rights sales in the northeast,” said Neufeld. “The oil and gas industry is surging and providing record revenue that is helping to fund vital health and social programs for the benefit of all British Columbians.”
Acting upon the recommendations of the Northeast Energy and Mines Advisory Committee (NEEMAC), the ministry created the Landowner Notification Program to enable landowners to work more effectively with the oil and gas industry.
The program provides registered landowners with information about the monthly competitive auction of petroleum and natural gas tenure taking place in their area. Tenure, also called “title,” is a time-limited ownership of the subsurface rights and allows companies to apply to the Oil and Gas Commission to access, explore and produce oil and gas.
British Columbia’s oil and gas resources, including those under most private property, are typically owned by “The Crown” (the provincial government), which has the responsibility to manage and develop natural resources for the benefit of all British Columbians. The separation of surface and subsurface rights is typical across Canada – allowing governments to develop natural resources for the benefit of all citizens.
Notification will commence in time for the April 23, 2008 oil and gas rights sale.
The program is part of the ministry’s Energy Plan commitment to improve landowner notification and awareness of sales of oil and gas rights on private land.
For more information on the program, and the landowner’s role in oil and gas regulation and development, visit www.landownernotification.gov.bc.ca.
Surface Lease Agreement Values
The Farmers' Advocate Office (FAO) has arranged to publish maps of surface lease agreement values on its website. They believe that the more a community knows the better that people will be able to deal with energy exploration companies. You can access the data at www.farmersadvocate.gov.ab.ca.
Carbon Credits
Many people are asking about carbon credits and if the agricultural community can benefit from selling these credits. One place to find out more about carbon offsets in Alberta is to visit the Carbon Offset website at www.carbonoffsetsolutions.ca.
The ERCB and the Southern Eastern Slopes
After the December 3, 2007, meeting of the EUB (including the chairman, Dr. William Tilleman) and the landowners, Dr. Tilleman had subsequent meetings with the landowners, local government, and the oil and gas industry. The landowners recently received a letter from the ERCB signed by Dr. Tilleman which re-affirms the intent of IL93-9, and recognizes the results of the Southern Foothills Study (SFS). It would appear that the ERCB is starting to recognize that the Southern East Slopes (SES) are a critical watershed and need protection.
The Grizzly Bear Decline
Alberta has gone, in a century and a half, from as many as 9,000 to 16,000 grizzly bears, down to a population that will not survive another century without aggressive reform in conservation process. So says Brian Horejsi in a recent Guest Commentary in the Alberta Game Warden magazine. This is another indication of how Alberta needs intelligent and farsighted land-use planning based on cumulative effects to prevent the loss of this important apex species. At the same time, ranchers need to be compensated for losses due to predation on livestock. Read the entire article here.
The EUB Land Challenge Proposal
On December 3, 2007, the EUB held a meeting at the MD Ranchland Building, Chain Lakes, to convince people that their proposed Land Challenge Process was a good one and should be embraced by the local landowners. A number of people attended from the EUB including the new Chairman.
The meeting was well attended by some 200 interested landowners and stakeholders, who listened politely and then clearly stated that the proposed process was not acceptable for a number of reasons. Specifically, the proposed process only deals with a limited geographic area, a short timeframe, and only one industry. It does not address the the larger issues of cumulative effects and the need for long-term intelligent planning to protect the natural capital of the Eastern Slopes, nor the needs of the local community.
When the EUB Chairman asked, at the end of the meeting, what the EUB should do since the proposed process was not acceptable, the landowners suggested that he become familiar with the Southern Foothills Study which brings science to the discussion and deals with long-term cumulative effects.
For a lucid description of the landowner position you can read the pdf here.
If you have comments on the meeting and the results you can send them to info@pekisko.ca.
Concerns about Bill 46
Bill 46 further restricts the ability of landowners to be heard and effectively oppose resource and industrial development on their land. Rural landowners are organizing and making it clear to the Alberta Government that this proposed legislation is unacceptable.
A legal analysis by the Environmental Law Centre of Edmonton states "Under the proposed AUCA, participatory rights are few and narrower in scope than under the current ERCA."
So if you are unhappy about how the EUB has been acting the past few years, you ain't seen nothing yet. The Bill is due to be passed this fall unless landowners and the public force this Conservative government to rethink its provisions.
For background and get up-to-date read:
Other groups are also getting active. In the Ponoka area, local citizens are organizing an impressive panel of speakers to examine the controversial Bill 46 legislation, the royalty review and the recent EUB spying scandal. The panel will include Andrew Nikiforuk, investigative journalist and author, Joe Anglin, businessman, writer, and landowner rights advocate, and Ray Prins, MLA for Lacombe-Ponoka. The event will be held at the Lacombe Memorial Centre (5214- 50 Ave, Lacombe) on November 7th at 6:30pm.
Many people are wondering why Bill 46 appears to be so one-sided. You may wish to read the article on Canada as an emerging petro-tyranny.
Walmart and Organic Food
Guess who sells the most organic food? Walmart! Unfortunately, because Wal-Mart has a major history of abusive practices, their entry into the organic food market could devastate your small, local organic farmers, as well as your health. If you want to help yourself, and your country, then support your local farmers, and make sure you purchase fresh organic produce that hasn't seen more of the world than you have. Some of it may be coming from countries such as China where organic standards are 'different'.
Read more here.
Conservation Easements: A Landowner Seminar
A seminar on conservation easements and related topics was held on December 5, 2007 at the High River Memorial Centre. It was an information-packed day on a range of topics around the use of conservation easements as a tool for protecting our landscapes and how this can assist your succession and estate planning. Get more information about conservation easements and succession planning on the SALTS website here.
Continental Water Policy
"Make no mistake, Canada’s water – through diversion, transfer, sale, trade or all of the above – is on the negotiating table in Canada/US relations. While water is not necessarily the top item of negotiation, and at times is dormant as an issue, it is there. In the long-term agenda within the context of freer trade and increased North American integration, Canada’s water is up for grabs. As long as its status as a negotiable resource remains unclear, pressure to access Canada’s water will continue to grow ever stronger."
So writes Andrew Nikiforuk in his new report for the Program on Water Issues. Released on September 10, 2007, it details developments on the integration of North American Energy and Water. You can download the entire report here. [1.9 Mb pdf]
You can also read the Diane Francis article in the National Post here.
Water Sales in Alberta
The Bowriverkeepers have highlighted moves by the Alberta Government that would appear to allow water sales as part of their goal to increase the efficiency of water use. The Riverkeepers point out:
A proposal before Alberta Environment would give the largest water license holder in all of southern Alberta the role of water broker. The Eastern Irrigation District (EID) located in southern Alberta has asked Alberta Environment for an amendment to its water allocation originally granted in 1903. If granted, the amendment would allow the EID to deal out water to uses other than irrigation or agriculture and become water barons, selling water for any use. The deal would serve as a precedent for other water licenses who are now limited to use water only for the purpose in which it was originally granted.
By approving the amendment, Alberta Environment would be giving away the keys to a substantial quantity of water, making it an excellent deal for the EID who receives their enormous water allocation at no cost. Is it fair that irrigation districts could now turn around and sell that same water for profit?
In 2006, the government created a regulated market. This regulated market, called a "transfer system", brings social and environmental considerations into account, allows for public input, and encourages the "return" of 10 percent of the transferred water back to the river. If granted, this proposed new amendment would create a loophole by allowing the EID to bypass the transfer system.
Read the full text here. For related reference, read the Fraser Institute paper on Alberta Water Policy here.
IL 93-9 and the Alberta EUB
Senior members of the EUB met with Ranchers of the southern foothills in late July to discuss the future of IL 93-9 and a proposed 'Land Challenge Project'. While a re-write of IL 93-9 has been proceeding with input from landowners and industry for almost a year based on a commitment by Neil McCrank, there appears to be some question about its future. The landowners have asked for written clarification from the current acting Chair, Mr. Brad McManus.
Southern Foothills Study Report
The report on the Phases 1 and 2 of the SFS has been released. Entitled The Changing Landscape of the Southern Alberta Foothills, it summarizes the work of Dr. Stelfox on the Business as Usual scenario, plus presents the results of the public surveys.
This should be read by all people interested in protecting the foothills of southwest Alberta. Hardcopies are available from SALTS. |
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The key findings described in the executive summary are:
The foothills of southwest Alberta, also known as the southern East Slopes, are experiencing a slow steady decline in environmental quality. This decline is due to increased human activity from the energy and forestry industries, intensive agriculture, recreation, residential acreages, and invasive alien plant species. The ‘Business as Usual’ scenario projections from the ALCES® model suggest that this decline will continue or accelerate unless different planning and development approval strategies are adopted. Feedback from both a written survey and a random-sample telephone survey indicates that this decline is of significant concern to people who live and work in southern Alberta. This feedback is reasonably consistent for both rural and urban dwellers. Their primary concern is water quality and quantity, suggesting that protection of the watershed should be a key planning priority. There is broad support for a requirement that landuse planning take cumulative effects into account. Respondents to the surveys believe that government departments, agencies and boards tasked with development approvals should take cumulative effects into account when reviewing development projects.
Visit the SFS website for more details.
Invasive Weed Educational Bus Trip
The Southern Alberta Land Trust Society worked with the Municipal Districts of Willow Creek, Pincher Creek and Ranchland to organize an educational bus trip on the problems of invasive weeds. The free trip happened on Wednesday, July 11, and included a trip into the Crowsnest Pass, several stops to view weed infestations, lessons on how to identify noxious weeds, a handout with a weed booklet and other weed information, plus a great BBQ in the late afternoon. Approximately 75 people took part, almost filling two buses. Feedback from the tour was very positive.
Development Moratorium in the southern East Slopes
Dr. David Swann, Environment Critic for the Liberal Party of Alberta, held a press conference in Calgary on June 27 where he formally called for a moratorium on development in the southwest Alberta foothills. This supports previous calls by local residents to place a pause on development in the southern East Slopes at least until proper planning is done to ensure protection of the watershed and aquifers.
The value of the watershed in providing quantities of clean water to all of southern Alberta is increasing yearly as demand escalates. People who live in the area are curious why the provincial government is not displaying more interest, and action, in protecting their water.
Ed Stelmach Letter
An open letter was sent to Premier Ed Stelmach asking for improved landscape planning and a pause in development on the Southern East Slopes. Later, a successful Press Conference was hosted on April 16th in Calgary to present the letter to the press and publicize the need for improved landscape planning and a pause in development. Download letter here.
Southern Foothills Study Next Phase
The Phase 3 of the SFS is starting. This is called the 'Best Management Practices' (BMP) phase. The latest meeting on March 28th at Chain Lakes was attended by Hon. Ted Morton and featured presentations by Morris Seiferling (ADM SREM - ASRD) and Ian Dyson (AENV). Seven sectoral working groups will be discussing best practices and the ALCES model during the next few months. Further information at the SFS website here.
Southern Foothills Study Public Meetings
The public meetings to show the results of the Southern Foothill Study finished with a great meeting in High River on November 16th. People packed the banquet hall at the Memorial Centre. An estimated 150 or more people saw Brad's presentation and participated in a lively discussion. The seven public meetings around southwest Alberta were a great success. A DVD of Dr. Stelfox's presentation is available. Get details at the SFS website here.
LUF Red Deer Conference
An excellent conference on the proposed Land Use Framework (LUF) was held in Red Deer on December 4-6, 2006. This is being coordinated by the Sustainable Resource and Environmental Management (SREM) project of the Alberta Government. It is a cross-ministry project involving seven departments and is headed up by ADM Morris Seiferling. The unanswered question in most people's minds after the conference was: "So, where do we go from here? Where's the roadmap?"
Premier Stelmach
Congratulations to Ed Stelmach on his becoming the new Premier of Alberta. Click here for information on the new Cabinet and the mandate for each Minister.
Canadian Institute of Resource Law Newsletter
Inside the summer 2006 (#95) issue is an article that proposes a checklist for evaluating the likelihood that recent policy initiatives launched by the Government of Alberta will be successful in addressing the province’s pressing land-use issues. The checklist consists of eight questions that highlight the requirements for successful land-use initiatives. Issues addressed include the focus of these initiatives on the management of cumulative environmental effects, their ability to deliver integrated landscape management, and their implementation through land-use planning and the establishment of regulatory limits on the total amount or intensity of the activities that are causing landscape-scale change. This is recommended reading.
Click here to download the newsletter. [pdf - 271 Kb]
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