Help protect public ownership of B.C.’s water

Submitted by admin on February 16, 2011 - 22:29


Our LAST chance to comment on B.C. Water Act legislation ends March 14, 2011


It’s important to comment on the policy proposal of the new B.C. Water Sustainability Act. (WSA)
This will be the LAST time the public will have any say in this binding legislation that will change how we manage water in this province.
For the most part, the government’s policy proposal is a step in the right direction. The government did take ecosystems into account, as we asked it to last spring.

But there are a few areas that need clarification, especially when it comes to protecting public ownership of this public resource.

Skip to the e-mail form.

A splash of background


The Water Act is B.C.’s main piece of water management legislation. 
In December, 2009, the B.C. government launched a process of modernizing the Water Act, which was 100 years old.

You may have taken part by commenting or by attending a public meeting.

In January, 2011, the government posted a Policy Proposal document on the new Water Sustainability Act (WSA). It’s the precursor to the as-yet undrafted legislation that would eventually become law. The government wants people to read the document and then comment on a blog.

The policy proposal document contains many items we hoped it would.

But it also contains some items we hoped it wouldn’t.

This week is the FINAL comment period before this proposal is drafted into legislation, leading to a new Water Sustainability Act for British Columbia.

We hope you will send a comment—not via the government blog, but by e-mail, to the Living Water Smart department of the Provincial government.

Skip to the e-mail form with draft message and recipient addresses.

Water markets? Privatization? Help!

Talk about a swirling debate.

The B.C. government states “...we are not proposing the privatization of B.C.’s water.”

Another expert says it doesn’t matter one bit if you call it “privatization” or not—it’s still a denigration of public water ownership.


FACT: The proposed Water Sustainability Act would make existing private water rights tradable. When water rights are tradable, it IS a form of water market.


CONCLUSION: This form of market does not protect public ownership of water adequately.

 

Areas to comment on: We’ve broken them down for you...

Policy Direction 1 – Environmental Flows


ASK FOR:
The Province to commit to conducting sustainability boundary assessments of watershed function BEFORE new water use allocations (licences) are given.

ABOUT: The previous government discussion papers and the engagement process acknowledge that environmental flows are crucial to the functioning of healthy watersheds. They indicate the emerging consensus that these “eFlows” must be protected as a priority over other human uses.

PROBLEM: Flow requirement guidelines are currently proposed to apply only to new licences. But for watersheds where minimum flows are below ecosystem requirements, constraints need to be placed on both existing and new licences.

SOLUTION: Water use and allocations should come only after a “sustainability boundary” outlining water needed for watershed function has been determined. The remaining water is what is then “available” for human use (i.e. licensing).
This protects more than just minimum flows in streams, rivers, aquifers and lakes.
For example, it may include quality and timing of those flows. Ultimately there may be such designations in all of B.C.’s fresh water bodies; it’s sensible to start in priority sensitive (or critical) areas.

Policy Direction 3 – Groundwater Regulation

ASK FOR:
The Province to introduce more regulatory controls over smaller groundwater extractions in chronic problem areas.

ABOUT: The proposal address groundwater regulation with a series of suggested thresholds. The suggested thresholds may be a little high but, overall, this is an appropriate approach to begin the process of groundwater regulation for all major users and priority areas in the province.

SUGGESTION: As groundwater and surface water are interconnected, it will be important that more regulatory controls over smaller ground water extractions be required in chronic problem areas.

Policy Direction 5 – Economic Instruments and Beneficial Use (Water Markets)

ASK FOR:
The Province to draft legislation in such a way that it unequivocally asserts the public ownership of water. The legislation needs to be clear that water rights are TEMPORARY, and that water is a PUBLIC resource.

ASK FOR: The Province to develop a regulatory system that ensures people don’t waste water, that mandates conservation during times of drought, and that prioritizes water uses based on societal criteria.

ABOUT: The current Water Act says water is vested in the Crown, “except” to the extent that “private rights” have been established through licences. Technically speaking, the proposed Water Sustainability Act may not formally alter this arrangement, but by making existing private water rights tradable, the proposal strengthens existing private right in water while denigrating public ownership.

PROBLEM 1: The current arrangements don’t sufficiently protect public ownership of water.

SOLUTION 1: Any new legislation should unequivocally assert public ownership of water and clarify that water rights are merely a temporary right to use a public resource, and that right is subject to public interest and environmental protections that will be imposed as appropriate. This needs to happen whether water markets are introduced or not.

PROBLEM 2: The proposal to allow the transfer of water rights across sectors does not ensure priority uses are based on societal and ecological criteria.

SOLUTION 2: Develop a well-designed regulatory system that ensures people don’t waste water, that mandates conservation during times of drought, and that prioritizes water uses based on societal and ecological criteria.

Please comment today

Time is short, but legislation is long.

If you’re concerned about how water will be managed in B.C. in the future, now is the time to comment to the government about it.

Click to the e-mail form

Thank you for showing you care for the sustainability of B.C.’s water and watersheds.

The Wildsight Water Stewardship Team


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