Back grounder
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Manitoba Water Stewardship accepts the ombudsman’s recommendations. A number of
significant changes have already occurred to meet the recommendations and these measures,
together with actions to further address the report’s recommendations, will result in a
substantially more effective drainage licensing and enforcement system. Recent measures
include:

Amending the Water Rights Act in 2005 so an appeal of a ministerial order to remove illegal
water control works does result in a stay of the order pending appeal.

Amending the act further in 2006 to improve its enforceability. The new provisions include
the power to appoint officers to enforce the act, new inspection powers and the power to
issue warrants authorizing searches and seizures of evidence.

Creating a new Water Control Works and Drainage Licensing Section and more than
doubling the number of staff positions in this section with the addition of 14 new positions in
2007. This new section and additional staff substantially increase the department’s
capacity to effectively administer, enforce and communicate drainage licensing
requirements.

Establishing new positions in the Water Control Systems Management Branch to provide
technical engineering assistance to conservation districts, municipalities and private
landowners in the resolution of significant drainage concerns.

Establishing additional Manitoba Water Stewardship offices in Arborg, Stonewall, Shoal
Lake, Swan River, Neepawa, Deloraine, Ste. Anne and St Laurent, staffed by water
resource officers.

Strengthening senior management capacity with the addition of the new position of director,
regulatory services.

Amending a regulation under the Summary Convictions Act in March 2008 to introduce set
fines for offences under the Water Rights Act. Offence notices with prescribed fines can
now be issued immediately at the site of the illegal activity, similar to the issuance of a
traffic ticket.

Upgrading equipment and software to facilitate licensing and enforcement activities.

Entering data on licence applications, complaints and enforcement activities into a
database to speed tracking, performance measurement and reporting. The current
database has been used for many years in the western and Red River regions. A second
operator has been hired to expand this database to the remainder of the province.

Expanding the Whitemud licensing model to Cooks Creek and Pembina Valley
conservation districts.

Assigning all water resource officers to a conservation district, where one exists, to further
develop local knowledge and relationships. Where conservation districts are not yet
formed, officers are assigned to a group of municipalities organized along watershed
boundaries.
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-2
Working to inform municipalities, conservation districts, agricultural producers and
environmental groups of changes to the department’s organization structure and goals
through presentations to the Association of Manitoba Municipalities, participation in the
Manitoba Conservation Districts Association’s annual convention and hosting a booth at Ag
Days in Brandon.

Implementing water protection measures recommended by the Lake Winnipeg Stewardship
Board (see www.gov.mb.ca/waterstewardship/pdf/lake_winnipeg_ws.pdf).
Actions to address the ombudsman’s recommendations include:

Developing a policy that clarifies how technical information required of drainage license
applicants will be obtained and who is responsible for the cost.

Eliminating the existing drain maintenance exemption policy, developing a new definition of
maintenance or minor water control works and establishing a streamlined licensing process
to authorize these activities, subject to best management practices.

Encouraging and supporting conservation districts to set up a licensing process similar to
the Whitemud model.

Reviewing position descriptions to ensure they clearly distinguish between advisory and
regulatory functions.

Reviewing the Water Rights Act and advancing amendments as necessary to further
strengthen compliance and enforcement. The department will review penalties in other
acts including the Water Protection Act in determining appropriate fine levels.

Refining plans to address the backlog in licensing, enforcement, complaint investigation
and compliance checks.

Expanding an existing database to cover all of southern and central Manitoba and
implementing a process to monitor progress toward addressing the backlog.

Continuing to assess staff levels and reassigning resources to most efficiently and
effectively administer the licensing process.

Continuing the development of an Environmentally Friendly Drainage Manual, planned to
be released later this year.

Increasing the effort to inform municipalities, conservation districts, agricultural producers
and environmental groups of program changes.

Releasing interim licensing and enforcement policy documents developed in consultation
with representatives from conservation districts, municipalities, agricultural producers and
environmental agencies and reviewing these policies in light of the ombudsman’s report
and other comments.