Water Act Modernization

Government is interested in your views on the potential solutions outlined in the Water Act Modernization Discussion Paper. Any British Columbian can make a submission. Please use the online submission form below or send your submission by mail or sent electronically to [email protected]. Your submission along with other input will be assessed using the proposed principles and the objectives under each goal area.

Submissions are considered public information and may be available online with the submitters name and location. Personal contact details will be removed before the submission is made publicly available.

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Introduction

The Water Act helps to secure and protect our water resources. Through previous engagement and background research four goals have emerged that shape the Water Act modernisation opportunity:

1. Protect stream health and aquatic environments
2. Improve water governance arrangements
3. Introduce more flexibility and efficiency in the water allocation system
4. Regulate groundwater extraction and use in priority areas and for large withdrawals

The scope of WAM is limited to the Water Act’s functions, policies and decision making processes and how it interacts with other legislation. The process does not deal specifically with drinking water and will not revisit B.C.’s Energy Policy or the bulk-water removal prohibitions in the Water Protection Act.

Principles:

WAM is an opportunity to ensure the principles underlying the Water Act respond to modern expectations, as well as promote stream health and water security.

Your views are welcome on the following proposed principles.

1. B.C.’s water resources are used within sustainable limits.
2. First Nations social and cultural practices associated with water are respected and accommodated.
3. Science informs water resource management and decision making.
4. Water resource legislation, policy and decision making processes as well as management tools are integrated across all levels of government.
5. Rules and standards for water management are clearly defined, providing a predictable investment climate across the province.
6. Flexibility is provided to adapt to extreme conditions or unexpected events on a provincial, regional or issue-specific level.
7. Incentives are created for water conservation that consider the needs of users and investors.
8. Rights to use water come with responsibilities to be efficient and help protect stream health.

Please indicate your level of support for the proposed principles to underpin a new Water Act.

Strongly support

Support

Neutral

Disagree

Strongly Disagree

Goal 1:  Protecting Stream Health and Aquatic Environments

In order to better protect stream health and aquatic environments the following objectives are proposed for a modernized Water Act:

1. Environmental flow needs are considered in all water allocation decisions to protect stream health
2. Watershed or aquifer-based water allocation plans include environmental flows and the water available for consumptive use
3. Habitat and riparian area protection provisions are enhanced

Please indicate your level of support for the objectives proposed.

Strongly support

Support

Neutral

Disagree

Strongly Disagree

Comments:

Options for how environmental flow is to be considered in decisions

1. Environmental Flow Guidelines – In this option the environmental flow recommendations are guidelines, from which the decision maker may deviate in certain circumstances.

OR

2. Environmental Flow Standards – In this option the environmental flow recommendations become standards that the decision maker must adhere to with no exceptions.

Are there other options? If so, what are they?

Options for including water allocation plans in the Water Act

1. The development of water allocation plans is optional – Developed at the discretion of the Regional Water Manager and could be based on increasing water demands and decreasing water supplies, changing environmental conditions, conflicts among users, or at the request of a water user community.

OR

2. The development of water allocation plans is required – Plans may be developed province-wide, or criteria to determine priority areas may be developed, with priority areas requiring a plan, or plans may be ordered by the Comptroller of Water Rights.

– AND –

3. The decision maker must consider the water allocation plan – Once adopted, decision makers must consider plans. Although the decision maker is not bound by the plan they would be required to explain reasons for any decisions that do not follow the plan’s recommendations.

OR

4. The decision maker must follow the water allocation plan – Once adopted, the plan must be followed with no exceptions by the decision maker.

Are there other options? If so, what are they?

Under what conditions should a water allocation plan be developed and how should it be applied?

Options for protecting habitat and riparian areas

1. Maintain the requirement for an engineer’s order to prohibit dumping of material into streams (reflects current situation).

OR

2. Amend the Water Act to include a prohibition against dumping of a wider range of debris and materials into streams, with a requirement for the person responsible for dumping to restore stream health.

Are there other options? If so, what are they?

Goal 2:  Improve Water Governance Arrangements

Objectives for improving water governance

In order to improve BC’s water governance arrangements the following objectives are proposed for a modernized Water Act:

1. Governance roles and accountabilities are clarified in relation to the allocation of water and the protection of stream health. This includes roles for First Nations, industry, local communities and non-government organizations in planning and decision making
2. Governance arrangements are flexible and responsive to future needs and values
3. Management is coordinated with neighbouring jurisdictions across all levels of government and those with a major interest in the watershed

Please indicate your level of support for the objectives proposed.

Strongly support

Support

Neutral

Disagree

Strongly Disagree

Comments:

Options for improving water governance

1. Centralized Approach – provincial planning and decision making, few delegated responsibilities

2. Shared Approach – Provincial government and partner-led planning and decision making within a provincial framework

3. Delegated Approach – Watershed Agency planning and most decision making within a provincial framework

Are there other options? If so, what are they?

What scale of watershed is most appropriate for water planning and management
(see Discussion Paper – Resource 10.6)?

What funding solutions might help to implement the approaches?

What are the important considerations for accountability, transparency and dispute resolution processes in any delegated or shared approach?

What are the benefits and implications of sharing roles for water stewardship?

Goal 3:  Introducing More Flexibility and Efficiency in the Water Allocation System

Objectives for introducing more flexibility and efficiency in the water allocation system

In order to introduce more flexibility and efficiency in the water allocation system the following objectives are proposed for a modernized Water Act:

1. The water allocation system emphasizes and encourages efficiencies in both water use and the administration of water as a natural resource.
2. Water users and decision makers have flexibility to quickly adapt to changing environmental, economic and social conditions
3. The water allocation system integrates the management of groundwater and surface water resources where required in problem areas
4. Water users conserve water during drought or when stream health is threatened

Please indicate your level of support for the objectives proposed.

Strongly support

Support

Neutral

Disagree

Strongly Disagree

Comments:

Options to encourage water use efficiency:

1. Government determines actual needs in relation to a proposed undertaking on the basis of efficient practices and works.

OR

2. Codes for efficient infrastructure and practices in different sectors are developed, in partnership with the sector, and the modernized Water Act requires compliance with these codes.

– AND –

3. The use of incentives and economic instruments is enabled in a modernized Water Act to encourage water efficiency.

OR

4. Review rules for the transfer and apportionments of existing water rights. This includes improving the ability for users to transfer from one appurtenance to another, and for the extension of rights to other purposes.

Are there other options? If so, what are they?

Options to encourage administrative efficiency

5. Permitted uses would be defined and allowed under the Act in accordance with regulations applied in a consistent manner throughout the province.

OR

6. Permitted uses would be defined and allowed under the Act in accordance with regulations. Regulations might apply differently throughout the province based on risk or, if considered acceptable, defined and applied through a water allocation plan.

AND

7. Voluntary self registration of the permitted use withdrawal.

OR

8. Required self registration of the permitted use withdrawal.

Are there other options? If so, what are they?

What considerations would help determine which water uses and extraction rates could qualify as a permitted use (no water licence required)? What controls are needed? How should permitted use status be protected?

Options to encourage administrative and water use efficiencies

9. Providing more detailed information about the proposed use and efficiency measures for licence applications or changes;

10. Documenting potential environmental impacts and effects on other users in licence applications or changes;

11. Seeking consent from, or undertaking consultation with, affected parties for licence applications or changes;

12. Measuring and reporting actual water use when demonstrating compliance with licence conditions;

13. Reporting well levels for regulated groundwater users;

14. Self-registering wells, especially where groundwater is in direct hydraulic connection with surface water or in areas of known quantity concern; or

15. ANY combination of the above.

Are there other options? If so, what are they?

Option to provide water users and decision makers the flexibility to adapt

1. Provide decision makers and licence holders with the ability to seek amendment of water licence terms and conditions based on:
   • New information about watershed issues, priorities or changes in supply (watershed, aquifer based) including addressing over-allocation and climate change impacts;
   • The ability to use water differently e.g. bring more land into productivity, change land appurtenance or use, or to use water for a higher economic purpose;
   • Incentives to consolidate licences within a community/watershed to inspire collaborative or shared management of the resource;
   • Adverse impacts on aquifers or groundwater recharge zones; or
   • Monitoring information that shows stream health is deteriorating because of lack of water.

Please indicate your level of support for seeking amendment of licence terms and conditions.

Strongly support

Support

Neutral

Disagree

Strongly Disagree

Options for the water allocation system:

1. First-in-time first-in-right – FITFIR – New uses of surface water and groundwater, where it is regulated, are allocated based on a modified FITFIR approach.

2. Priority of use – New uses of surface water in streams and groundwater, where it is regulated, are allocated based on priority of use determined either in the Water Act or with community involvement in the water allocation plan process.

Are there other options? If so, what are they?

Options to address temporary water scarcity

1. Discretional – The decision-maker determines the approach on a case-by-case basis, balancing the effects on water users with the required environmental outcome.

2. Sharing – All water users would reduce use on a proportional basis depending on the water supply forecast.

3. Hierarchy of uses – A hierarchy of uses guide how water use is reduced.

4. Priority date – This approach follows FITFIR, as contemplated by the current requirements of the Water Act but could be expanded to include the protection of ecosystem values.

Are there other options? If so, what are they?

Options to address long-term scarcity

5. Through a mandatory Water Management Planning process, such as a Water Management Plan provided for in Part 4 of the Water Act.

4. At the request of water users or communities – Water licensees and other interested parties may develop a plan that addresses long term scarcity on a watershed basis and provides recommendations for supply and demand side changes to be made.

Are there other options? If so, what are they?

Goal 4:  Regulate Groundwater Extraction and Use

Objective for regulating groundwater extraction and use

1. Groundwater extraction and use is regulated in priority (critical) areas and for all large withdrawals.

Please indicate your level of support for the objective proposed.

Strongly support

Support

Neutral

Disagree

Strongly Disagree

Options for determining the thresholds for large groundwater withdrawals

1. The threshold for large could be:
   • 500 m3/day for wells drilled in unconsolidated, sand and gravel aquifers or if otherwise determined to be large by a Water Management Plan.
   • 100 m3/day for wells drilled into consolidated bedrock aquifers or if otherwise determined to be large by a Water Management Plan.

OR

2. The threshold for large could be:
   • 250 m3/day for wells drilled in unconsolidated, sand and gravel aquifers or if otherwise determined to be large by a Water Management Plan.
   • 100 m3/day for wells drilled into consolidated bedrock aquifers or if otherwise determined by a Water Management Plan.

Are there other threshold options? If so, what are they?

Options for determining priority areas to regulate groundwater extraction and use

1. Heavy groundwater extraction and use (rely on BC Aquifer Classification System).

2. Area of known quantity concern e.g., declining groundwater level, conflicts with other groundwater users, aquifers or water resources impacted by salt water intrusion.

3. Groundwater in direct hydraulic connection with surface water in areas of known quantity concern.

4. Significant population that is reliant on groundwater for drinking water.

5. Trans-boundary aquifers.

6. Basins where surface water is at or near the allocation limit.

7. ANY combination of the above.

Are there other options? If so, what are they?

Your Thoughts

Are there additional opportunities for the modernization of the Water Act to integrate
with other federal and provincial legislation?

What are the appropriate criteria for determining at risk or priority watersheds?

How will these proposals specifically affect you or your community?

How can we improve the proposals so your interests are taken into account?

What kinds of collaborative processes would you like to see for future water stewardship?

Will the possible solutions adequately equip future generations to manage water sustainably?

What have we missed?

Thank you for your comments!

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