BC’s water law framework – it’s complex
BC’s water law framework is as complex as the resource itself. Water falls from the sky and then makes its way into the natural watercourses that flow downstream to the Pacific or the Arctic Oceans. Because of the transitional nature of water and the many land based activities that can affect it, the laws that apply may vary depending on where you are or what you are doing. Federal, provincial and local government laws all play a role in managing water resources.
The Water Act is the primary water law in BC requiring licences for all water uses, except for limited domestic and prospecting uses, and the use of ground water which is not presently regulated. Water supplies for future needs may be protected by water reserves and Water Management Plans may be developed and implemented to address conflicts.
Water that flows across BC’s borders may be subject to international laws and treaties or interprovincial agreements. In national and provincial parks water is a protected natural resource and its use is restricted or prohibited. Water use or construction of instream works may also be restricted to ensure protection of fish habitat and navigation as required by federal laws. The Water Protection Act prohibits the bulk removal of water from BC except in containers of 20 litres or less. Water bottling is subject to federal health regulation.
Drinking water protection in BC is a public health issue. The Ministry of Healthy Living and Sport, along with Regional Health Authorities, protect drinking water quality through the Drinking Water Protection Act .
BC’s water law framework includes the regulation of land-based activities to protect water resources. Forest and range activities must be carried out in a way that avoids impacts on water quality, particularly in community watersheds and adjacent to fish bearing streams. Mining, mineral exploration and oil and gas development activities are also regulated to avoid adverse effects on water sources.
The development of private land may be subject to zoning and other local government bylaws. Official community plans and regional growth strategies can also take water needs into account and ensure steps are taken to avoid detrimental effects on water resources.
Protection of public safety from some of the hazards associated with water is an important part of the framework. The owners of dams are responsible for safe operation and maintenance of their dams and must regularly carry out inspections. Regional governments use by-laws to restrict development of lands that may flood. There are large areas in the province where development has already occurred on land that is subject to a flood risk. A system of dikes provides protection from floods for much of that land and provincial laws ensure the dikes are properly maintained.
While there is not much we can do about the complexity of the hydrologic cycle, we would like to hear your ideas on ways to make the legal framework simpler to understand and easier to administer. Record your comments here.
Top
I recently attended the Water Act Workshop in Prince George. The meeting was well run.
Our opinions were asked on a number of principles and objectives. Water quantity (flows) seem to be the main focus. They (MOE from local government and Victoria) made it clear that these were not set in stone and they were looking for our opinion. The objectives and principles were general enough that you couldn’t object to them. It will come down to how these objectives will be interpreted and implemented. When I asked if the public would have input on the more specifics of how the objectives will be met, I wasn’t given a clear answer. A question was asked about how water users would be prioitized if it came down to that. This question was not answered either.
I thought the MOE staff from Victoria was very reasonable and the local MOE more set in their opinions. This is what I see could be the problem.
The changes to the water act will come from higher up and the local staff will implement them according to their interpretations. Victoria MOEs objective is to get public approval for the generalized objectives and principles. As stated before, who could object to them?
But-will the public have input on how these objectives attained and implemented?
“Living Water Smart” pg 29, one of the objectives was to “Keep farm animals out of waterways.” Farm animals, by law, cannot be allowed to damage the riparian environment. Damage comes from over use which is the result of one of, or a combination of density, length of time or time used. To keep all farm animals out of all waterways, is not only not practical, but not ecologically sound.
It is against the law to let cattle have access to a watercourse if they are in a smallish pen. They are confined in a small space (density), on a continuous bases. This concentrates use.
Cattle on the range, (large areas)if they are managed so they do not concentrate on waterways at a high concentration, loiter for a long time and/or at a vunerable time for the watercourse -do not damage the system. In some cases, if you were to fence off the watercourse, and pump water to a water trough, you would not only be eliminating use from some wildlife species but you would be concentrating cattle (and prehaps wildlife use) around this water source, impacting the ground and vegetation around it.
In many situations, farm animals should be keep out of waterways, but not all.
The Drinking Water Protection act is indeed complex and politically charged . However I am not optimistic that those involved at the bureaucratic level can do much if they cannot coordinate and coordinate what at the user level seem simple solutions.
For example I send the following Email regarding a serious problem to:
Vancouver Island Health Authority
Water safety coordinator.
Greetings
This is to seek your assistance and support to resolve following situation:
A well located Dickinson Road Lantzville has been deemed not fit for consumption due to salt water intrusion (high chloride and fluoride see attached report) This well has operated satisfactorily and provide good water for many years but now has failed .The property is located on the water front in Lantzville on the border of Nanaimo and has communty water at its doorstep from both Lantzville and Nanaimo, but in previous applications for service from Lantzville have been refused service because they claim they do not have enough water . Nanaimo has not been approached.
What is of concern apart from this well is that there are other wells in the vicinity that may now also be under threat from salt water intrusion probably due to:
1) the gradual urbanization and change of land use in the immediate vicinity which is believed to inhibits groundwater being replentished in normal past fashion.
2) the lower precipitation during the summer
3) the high use of water by Lantzville itself
According to Vancouver Island University preliminary study we are all (including Lantzville) on the same Aquifer #215 which we presume can only handle so many straws.
Your assistance would be to encourage Lantzville to allow this property to connect to the Lantzville system for health and humanitarian reasons.
I see a lot of brown (manure) water flowing off agricultural fields, into seasonal drainages but quickly after also into big streams (in my case the nechaco river).
Is there currently any regulation or is there any possible legislation to prevent this?
I own a property of 200 acres and 50 acres of this is a watershed that I can not touch . I pay property taxes on this entire property as though it was all usable land. under existing conditions I can not apply for to use the water in this stream for my own property although no one else can use it either as it is tied up by MARR in case it can be a bargaining item in future traty negotions with a band at the other side of the mountain. I am concerned that, under current legislation as a property owner, I have no rights to water flowing through my land , while the water can be resrved by someone that can not possibly use or access it. I have concerns that Sub surface aquifer waters can be impacted when water is diverted by property owners diverting headwaters of streams without addressing the issue of wells drilled in the aquifier long before rights are granted under the reserve system. Thanks