An enforcement operation to protect the Kiskatinaw River watershed in the Dawson Creek area has reviewed 49 water storage structures, including dugouts and dams.

The objective is to ensure that the diversion of water and the construction of dams comply with the Water Sustainability Act. Eight investigations resulting from this work are still underway.

The primary focus of this enforcement operation is on dugouts and dams associated with the Kiskatinaw River watershed, which the city’s residents rely on as a source of drinking water. This watershed is subject to periodic droughts, and the waterway’s erratic flow patterns make it challenging to manage the water supply and ecosystem health.

Dugouts are human-made structures on the landscape where earth has been moved to create holes or depressions. Water from streams, groundwater, rainwater and water from snowmelt accumulate in these areas and is stored for later use.

Potential uses for this water may include:

• drinking water for people
• fire prevention or fire response
• drinking water for livestock
• irrigation
• industrial activities (including those in the energy and mining sector)

In 2017, natural resource officers worked with provincial dam safety officers and water specialists to complete 192 aerial assessments of dams and other water impoundments in northeast British Columbia. A preliminary analysis indicated that some of those structures needed to be evaluated more closely to determine whether any contraventions of natural resource legislation had occurred.

Over the summer and fall of 2018, natural resource officers conducted a thorough review of 49 structures. This work included educating property owners about their legal obligations regarding the Water Sustainability Act, conducting inspections and gathering information about any suspected violations. The officers then initiated investigations and took enforcement action where warranted. The goal was to stop the diversion of water and construction of dams that had not been authorized under the act and its associated regulations.

Results of the review:

• Forty-two inspections were completed. Some of the inspections included more than one dugout or other water structure. The purpose of an inspection is to verify compliance with natural resource legislation.
• Eight investigations are underway. An inspection can lead to a formal investigation if a natural resource officer believes that an offence has been committed under the Water Sustainability Act.
• One warning ticket has been issued to date (related to the diversion, storage or use of water).
• Four violation tickets have been issued to date (related to unauthorized changes made in or around a waterway), with total fines amounting to $920.
• Most of the remaining open investigations are expected to be completed in the spring of 2019 and may result in additional enforcement actions or penalties.
• Monetary penalties for offences under the Water Sustainability Act can run as high as $1 million for each offence and as much as $1 million for each day the offence continues.
• If a person is convicted of an offence under the Water Sustainability Act, the court may also impose a fine equal to the court’s estimation of the monetary benefit received by that person as a result of committing the offence.

A key goal of this enforcement operation was to educate people about water storage, water use and the need to obtain authorization from the government before diverting streams or groundwater. Most of the people who spoke with the natural resource officers were co-operative and appreciated the officers’ efforts to help manage water resources in the area.

The officers took every available opportunity to discuss water-related legislation with landowners, water sellers and industrial users in the region. They explained their obligations under the Water Sustainability Act and related natural resource legislation — including water rights and licensing requirements for non-domestic groundwater users.

To date, only the most significant of the water diversion and impoundment activities in the northeast region have been inspected. Further compliance inspections — and, where necessary, enforcement actions — are planned in this region and elsewhere.

Quick Facts:

• Natural resource officers represent the enforcement arm of the Ministry of Forests, Lands, Natural Resource Operations and Rural Development. They help protect the province’s land, water, forests and cultural resources from damage.
• Under Section 6 of the Water Sustainability Act (2016), anyone wishing to divert or use water from naturally occurring sources cannot do so unless the person first obtains authorization from the provincial government, or the diversion or use of that water source is authorized under the Water Sustainability Act’s regulations.

Learn More:

For more information about water use, water authorizations or application requirements, call FrontCounter BC toll free at 1 877 855-3222.

Read more about the Water Sustainability Act and water licensing at: https://www2.gov.bc.ca/gov/content/environment/air-land-water/water/water-licensing-rights