INNOVATION September-October 2015

fea t ure s

New Groundwater Legislation Ensures British Columbia’s Water Remains Healthy and Secure

Julie-Ann Ishikawa, P.Geo. Mike Wei, P.Eng. Ian Graeme, RFP

Looking down the spillway of the Cleveland Dam, North Vancouver, BC

In 2009, the Government of British Columbia embarked upon a process to modernize its water legislation. After more than four years of public engagement and policy development, Bill 18, the Water Sustainability Act (WSA), received Royal Assent on May 29, 2014. The WSA replaces the 106-year-old Water Act . However, the existing Water Act remains in effect until the regulations supporting the new legislation are complete and brought into force, which is expected to occur in 2016. The new legislation introduces significant changes to how BC’s water is managed. In particular, the new Act recognizes that groundwater and surface water are interconnected and that both of these sources must be managed under the same regulatory regime. Under the WSA, groundwater use will be integrated into the water-licensing system, similarly to how surface water is managed now. Regulating groundwater use will increase the certainty of the groundwater supply for existing users and the environment, especially in areas of intensive water use. It will also provide clarity around legal access to groundwater for the people and businesses that rely on it. The regulations under the new Act will also address other aspects of water management such as environmental flow needs (EFN), water fees and rentals, and dam safety. These topics, however, fall outside the scope of this article. Groundwater Licensing For the first time in BC’s history, all non-domestic groundwater users will require water licences and will obtain water rights. Non-domestic groundwater users, including those that use groundwater for commercial, industrial and irrigation purposes as well as municipal water works, will be included in the licensing system. A three-year transition period is being proposed, to allow existing groundwater users to secure priority dates based on their historic dates of first use. After the transition period, all applicants will be treated as new users and will receive a new priority date, usually based on their date of application.

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