BC
WATER
ACT
REFORM
Presentation
by
Linda
Nowlan
Speaking
for
the
Salmon,
March
2010
1
Do
Fish
Have
Water
Rights?
2
Overlapping
Constitutional
Responsibilities
Water
is
primarily
a
provincial
responsibility
Shared
with
the
federal
government
Local
government
are
water
providers
,
land
use
planners.
Aboriginal
groups
have
water
rights,
not
yet
fully
defined.
3
Fisheries
Act
(Federal)
Prohibits
harmful
alteration,
disruption
or
destruction
of
fish
habitat.
Can
be
invoked
if
GW
extraction
causes
HADD
Difficult
to
prove
Complex
Laws
5
BC
Fish
Protection
Act
New
Tools
in
1997:
Sensitive
Streams
‐
15
streams
listed
Community
Streamflow
Licences
–not
in
effect
No
New
Dams
Modernizing
the
BC
Water
Act
4
Goals
1.  Protect
Stream
Health
and
Aquatic
Environments
2.  Improve
Water
Governance
Arrangements
3.  Introduce
More
Flexibility
and
Efficiency
in
Allocation
4.  Regulating
Ground
Water
Use
in
Priority
Areas
and
for
Large
Withdrawals
NGO
Response
to
WAM
29
Groups
Endorsed
Statement
of
Expectations
www.watershed‐watch.org
1. Protect
Stream
Health
and
Aquatic
Environments
Protect
water
for
the
environment
by
legislating
instream
or
environmental
flows
with
priority
over
other
licensed
uses;
and
require
a
“cap”
on
water
withdrawals
to
protect
key
physical,
biological
and
chemical
processes
in
the
aquatic
system
(ecosystem
services).
Protect
Aquatic
Environments
“Legislation
will
recognize
water
flow
requirements
for
ecosystems
and
species.”
(LWS,
2008)
Guidelines
or
Standards?
Existing
and
New
Licences?
Input
from
Scientists
Needed
NGO
Response
to
WAM‐
2.
Improve
Water
Governance
From
NGO
Statement
of
Expectations
  Provide
water
for
the
future
by
requiring
legally
binding
watershed
plans,
developed
at
the
local
level
with
public
consultation
in
accordance
with
strong
provincial
standards,
to
address
threats
to
water
quality
and
quantity,
and
ecosystem
protection.
The
Act
must
require
ongoing
public
engagement
in
monitoring,
implementation
and
updating
of
watershed
plans.
10
Shared
Water
Governance
Also
called
‘devolved’
or
‘delegated’
or
‘collaborative’
governance.
Usually
involves
greater
participation
from
outside
government.
“A
structure
where
both
government
and
other
stakeholders
share
responsibility
for
the
development
and
delivery
of
policy,
planning,
and
programs
or
services,
but
where
government
retains
legislative
accountability.”
(AWC,
2008)
11
Many
Forms,
Many
Names
  Water
Council
  Water
Management
  Watershed
Council
  Watershed
Agency

  Watershed
Restoration

Committee
  Basin
Organization
  Watershed
Stewardship
Group
  Streamkeeper
Group



Planning
Committee
Water
Board
Water
Trust
Source
Protection
Committee
Watershed
Planning
and
Advisory
Council
River
Round
Table
12
NGO
Response
to
WAM
3.
Allocation
  Embed
requirements
for
conservation,
efficiency,
and
quantity
monitoring.
  Develop
a
progressive
allocation
systems
that
recognize
rivers,
lakes,
wetlands
and
groundwater
as
"legitimate
priority
users"
and
moves
beyond
a
prior
allocation
(“first
in
time,
first
in
right”
‐
FITFIR)
system
and
codifies
a
system
based
on
the
principle
of
equitable
sharing
of
an
available
consumptive
pool
among
all
identified
water
users.
14
44,000
Current
Water
Licences
Source:
BC
MOE
Living
Water
Smart
2008
Okanagan
Basin,
BC
Groundwater
in
BC
Groundwater
supplies
drinking
water
for
potable
supply
for
20%
of
BC
residents,
or
approx.750,000
people
Unlike
rest
of
Canada,
BC
still
lacks
any
general
licensing
requirement
for
groundwater.
(
Water
Act
allows
gw
licensing,
needs
regulation
to
come
into
effect)
Surface/groundwater
interactions
given
little
attention
by
regulators.
If
there
are
no
staff
to
regulate
and
enforce,
then
even
the
best
regulations
won’t
make
a
difference
Threats
to
Groundwater
in
BC
Quantity:
Increasing
demand,
lack
of
controls
threaten
quantity
Observation
wells
indicate
that
groundwater
levels
are
continuing
to
decline
in
some
areas
of
the
province.
Groundwater
depletion
can
threaten
fish
by
eliminating
surface
flows
or
groundwater
refugia
Quality
:
agriculture,
urbanization,
nonpoint
sources
(NPS).
Ground
Water
Protection
Regulation
Phase
1
came
into
force
in
2005
.
Focus
is
on
well
drilling/construction/closures,
not
effect
of
extractions
on
stream
productivity,
habitat.
  Phase
2
under
development
with
Groundwater
Advisory
Board:
  additional
standards
for
well
construction
  Phase
3
:
  May
consider
drilling
authorizations
Public
Input
into
WAM
Protect
Stream
Health
and
Aquatic
Environments
*
Water
rights
for
fish
Improve
Water
Governance
Arrangements
*
Require
watershed/water
management
plans
Introduce
More
Flexibility
and
Efficiency
in
Allocation
*
Address
Overallocation
Regulating
Ground
Water
Use
in
Priority
Areas
and
for
Large
Withdrawals
*
Pass
the
regulations
Livingwatersmart.ca