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Hydropower Legislation Inquiry: Will instream flow needs play a central role?

Once a dam is introduced to a river system, river health and electricity generation become inseparable. Our ability to secure instream flow needs — the amount of water to keep rivers healthy — becomes inextricably linked to the operation of dams and other hydro operations. Therefore, identifying instream flow protection requirements is an essential component for any valid hydropower approval framework.

Unfortunately, Alberta's Ministry of Energy did not mention instream flow needs in its announcement on March 26 that the Alberta Utilities Commission (AUC) would hold an inquiry into laws concerning hydropower generation. The press release spoke of "clean energy" and "green energy," but any mention of securing instream flow needs was noticeably absent. It is too early to judge the process, but it would appear that the "clean energy" initiative started with a narrow definition of renewable energy. Nevertheless, the scope of the inquiry is still being shaped, and there may still be opportunity to place instream flow protections up front where they belong.

River flows determine a river's health. Instream flows use a science-based number to determine the amount of water needed in a specific river to maintain channels, riparian vegetation, fish habitat, and water quality. Flows influence the hydrology of watersheds so that we can understand how rivers and the land surrounding them behave. They also support aquatic and terrestrial life (such as fish and wildlife), including the aquatic habitat shaped by a river's flow such as the pools formed below the riverbed for fish to spawn. In addition, flows can affect water quality, which include temperature and dissolved oxygen. Therefore, altering rivers flows can change a river.

Dams can affect the quality and quantity of water in a river, and this in turn affects aquatic habitat and banks that sustain the forests surrounding rivers. Furthermore, changing a river's flow can make rivers prone to invasive species. Research done by Andrea Kirkwood et al. (2007) indicates that a change in flow by dams in Alberta led to the increase of an invasive species known commonly as Rock Snot or Didymo.

Unlike AUC hearings, which are more frequent and have specific rules for legal standing, affidavits, and other protocols, the hydropower inquiry will set out to identify the pros, cons, and options on relevant issues but not make recommendations. This inquiry could affect all rivers being considered for hydropower generation in Alberta including those shared with British Columbia, Saskatchewan, and the Northwest Territories.

So far, the inquiry process appears flexible. The topics for roundtable discussions have incorporated most of the concerns identified by Water Matters and several other environmental groups. Participation was open to everyone. And all the documentation submitted by participants is public. But upon closer examination, the inquiry raises some cautionary flags.

Firstly, the time frame is short. Participants have from May 2010 to December 2010 to review 14 provincial and 16 federal laws. Meaningful conversation may be hotly contested or unresolved. Secondly, the language in the preliminary inquiry documents suggests a possible bias towards streamlining or speeding up the approval process of hydropower generation. The inquiry's investigation of minimal scientific studies and public consultations is worrisome, especially if the process is designed to deliver faster approvals for hydropower development.

Perhaps the most serious concern is that citizen groups, not the AUC, suggested instream flow protection to be part of the scope of the inquiry. Without the participation of citizen groups, the protection of water for rivers may not have been placed on the agenda.

If the AUC Hydropower Inquiry promotes responsible hydropower development, Alberta could end up with a better system of electrical generation. For this to happen, it is essential to ensure "responsible" is defined as recognizing and protecting instream flows. Water Matters and several other environmental groups across the province intend to participate in the inquiry. Look for future updates in the Water Log.

Hydropower Dams and Rivers

Typically, a hydroelectric power plant uses an impoundment (or a dam) to store water in a reservoir before the water is released to create electricity. A diversion facility, sometimes called run-of-river, diverts water away through a separate channel and may not require a dam.  Regardless of the size of dams, we need to take the appropriate precautions to assess their socio-economic and environmental impacts. Large dams, with appropriate precautions in place, are useful for consistent power generation. Unfortunately, few optimal locations exist. Generally speaking, smaller run-of-river systems have a lower environmental impact. Nonetheless, the impacts on instream flows of multiple run-of-river hydropower projects are still unknown in Canada.

Findings from the World Commission on Dams (WCD) ten years ago remain relevant today, particularly for large dams. While dams have made a significant contribution to economic and human development, "in too many cases an unacceptable and often unnecessary price has been paid to secure those benefits, especially in social and environmental terms, by people displaced, by communities downstream, by taxpayers and by the natural environment" (World Commission on Dams, 2000: xxviii).

References:

Climate Change Impact Consortium. Modeling the effects of Run-of-River hydroelectric projects on instream fish habitat. Website. (accessed May 10, 2010).

Clipperton, G., C. Koning, Allan Locke, John Mahoney, and Bob Quazi. 2003. Instream Flow Needs Determinations for the South Saskatchewan River Basin, Alberta, Canada. Online report. Edmonton, AB: Alberta Environment.  (accessed May 10, 2010).

Environment Canada. 2008. "Fighting Didymo in Canada and 'Down Under'." EnviroZine Issue 85, Feature 2. Ottawa, ON: Environment Canada.  (accessed May 22, 2010).

Government of Alberta. 2010. Alberta to advance key electricity initiatives. News Release, March 26, 2010  (accessed May 10, 2010).

Government of Alberta. Sustainable Resource Development. Instream Flow Needs Program. Website. (accessed May 10, 2010).

Pembina Institute. 2010. Energy Source: Hydropower. Website. (accessed May 10, 2010).

Peterman, Randall. 2010. Personal Communication May 14, 2010.

United States Department of Energy. 2005. Type of Hydropower Plants. Website. (accessed June 16, 2010).

World Commission on Dams. 2000. Dams and Development: A New Framework for Decision-Making. (London and Sterling, VA: Earthscan Publications Ltd) (accessed May 13, 2010).

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