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Modernizing Our Water Laws

The Water Act is the primary law for managing the diversion and use of provincial water resources. Established in 1909, B.C.’s Water Act is the primary piece of water management legislation and has a key role in the sustainability of British Columbia’s water resources. However, with changes in climate, population and water use, it’s now time to review the Act to address new pressures on water.

If you have a water licence or do business around streams or waterways, this page will help you find out more about B.C. government plans to modernize water laws.

What is the B.C. government doing?

Reviewing the Water Act

The B.C. government is committed to modernising our water laws to address current challenges for water, so decisions made today do not compromise our future enjoyment of the environmental, social and economic benefits of B.C.’s water resources.

The focus of the legislative review will be to:

  • recognize the needs of aquatic ecosystems and protect their health;
  • encourage water efficiency;
  • build in more flexibility so that we are able to adapt to climate change impacts and other emerging issues; and
  • consider options that will enable effective and efficient decision making with broader participation.
  • Regulate groundwater use in priority areas and large withdrawals.

Policy options to provide flexibility in the Act will be explored (for example policy tools that can deal with regional or issue-specific concerns) so the Act can help us manage regional variations in water resources and the uncertain impacts of climate change that might arise in the future.

For example:

  • In areas where there is high demand and pressure on the water resource, we will require that all new licences be limited to 40 year terms.
  • In times of drought or where stream health is threatened, all users will be required to cut back their water use.
  • Incentives to use water more efficiently will be provided in the Act to help maximize the benefits from water that is diverted from our streams.

Recognizing water flow requirements

The B.C. government will explore the best options to make sure all land use and water allocation decisions recognize the water flows required at different times to sustain aquatic ecosystems and maintain proper ecological function.

  • Media release: Water Use Reduction Order to Protect Fish Populations [PDF 90KB]
    Due to low winter snowpacks and drought conditions this summer, and to protect the kokanee salmon population in the Nicola River, Environment Minister Barry Penner has ordered the temporary curtailment of water use on the river, upstream from Nicola Lake. The order is the first of its kind in B.C. and was issued under the authority of Section 9 of the Fish Protection Act. Section 9 was brought into force this August in anticipation of a need to protect fish populations in times of drought.

Improving water governance

We are exploring options for more effective and efficient decision-making. In partnership with the Fraser Basin Council, the Living Rivers Trust Fund Georgia Basin, and Fisheries and Oceans Canada, the Ministry of Environment held workshops in Langley, Prince George, Nanaimo and Kelowna this year to share information about water governance in B.C. The workshops gathered input from a wide range of people, including federal, provincial, local government and First Nations, industry, agriculture, and stewardship sector representatives.  Highlights from the workshop include:

  • Proposals to change water governance in terms of vision and leadership; coordination and harmonization; local involvement and control; involvement of First Nations; planning; education; monitoring and enforcement; and conservation.
  • Recommendations to establish local water boards or authorities.
  • Potential solutions for funding, people and information capacity.
Summary reports on the workshops are available at:
   www.fraserbasin.bc.ca/programs/water_governance.html

While modernizing the Water Act, B.C.’s government will continue to seek input on water governance from First Nations, other governments, experts, stakeholders and those who work with the Water Act every day.

Water governance is about the processes and framework which enables decision-makers to manage a resource. Good water governance follows the following principles:

  • Decisions are transparent
  • Stakeholders fully participate
  • Full accountability exists
  • Environmental decisions are integrated with economic and development decisions

What can you do?

  • Stay informed about the progress of the Water Act modernization project by visiting this website.
  • See our helpful water web links and publications section for more information on water governance and best practice water management.

Did you know?

  • Under the Water Act, the B.C government owns all the water in B.C.
  • There are approximately 44,000 current licences held by 26,000 different licencees in the province with about half for domestic purpose.
  • Annual water licence rentals generate $270 – $300M dollars annually, which goes into central revenue.
  • Provincial laws relating to the allocation of water rights date back 150 years.
  • The B.C. Water Act allows people to access water sources located on other people’s land.
The Water Protection Act and the Drinking Water Protection Act also work in conjunction with the Water Act to ensure the protection and sustainability of water for human uses including drinking water, and prohibiting bulk water removals and inter-basin transfer of water.
Pressures on our water resources are the result of past decisions, a growing population and economy and the impacts of climate change on water.
Water governance refers to the decisions and supporting arrangements that help to achieve long-term sustainability of the water resource.