It's my understanding that what is consistent with Alberta's formal position, particularly on first nations' water rights and first nations' jurisdiction over water, is that if first nations ever had such rights, they were extinguished, so the water in and under reserve lands is the property of the Government of Alberta, and the Water Act applies to first nations. They don't reference any legal foundation for that position.
It's my understanding that, should the bill pass, Alberta may bring a legal challenge to the recognition of first nations' right to self-government over water on reserve and the ownership of water in and under reserve by first nations.
I'd just leave the committee with some knowledge that Alberta has entered into agreements with at least four nations in the province, which contain provisions that prevent the province from raising those issues in a court of law so long as those agreements are valid and still in place. I'm happy to share the clauses of each one of those agreements with the committee.
I don't think Alberta is at liberty to challenge the bill, because of those agreements.