Rivers, Streams and Lakes

There are many reasons to protect watercourses.  From an ecological and public health perspective, rivers, streams and lakes are sources of fresh water and crucial aquatic habitat.  From an economic and cultural perspective they enhance the quality of life, and provide opportunities for tourism, fishing and other industries. 

This page is focused on legislation and planning processes that directly affect the flow or quality of water in B.C.’s watercourses.  Laws and planning related to changes to the bank or course of a watercourse (which may also affect flow or quality of water) are discussed on the Riparian Areas page. 

Jurisdiction and Ownership of Water

The legal powers and responsibility over fresh water lies with the provincial government.  This is not to say that the federal government has no authority over related matters.  As we will see below, the federal government’s jurisdiction over fish and navigation mean that it has a role to play in relating many rivers. 

B.C.’s Water Act says that all water running in surface watercourses in the province is owned by the provincial government, and is only to be used as authorized by the provincial government (although a limited exception still exists for domestic use). Although this ownership could easily be made to extend to groundwater as well, this has not occurred to date. 

Flow of Water

Aquatic habitat, and the value of a watercourse to downstream users, requires that the water continue to flow.  If too much water is taken from the stream, or if the stream is diverted, downstream habitat will dry out. 

As noted above, anyone using water in B.C. is supposed to get authorization under the province’s Water Act.  This water is allocated on a first-come, first-serve basis, so that the first users of water will have priority over later users.  Water licences granted under the Water Act can also authorize the construction of dams, intake pipes, and other “works” which can disrupt the flow or course of the stream. 

The Water Act also gives the “Comptroller of Water Rights”, an official with the Ministry of Sustainable Resource Management, the power to order Water Use Planning to determine how best to use and allocate water on a particular watercourse.  The Comptroller can also impose conditions on water licences to ensure that downstream needs for water are addressed.

Under the Fish Protection Act the government can allocate a quantity of water for the purposes of fish protection, ensuring that a certain amount of water in a watercourse will always be reserved for fish, and cannot be granted under the Water Act. 

These Acts replace the common law system of “riparian rights” in which property owners adjacent to a river or lake had a right to use water from that river or lake, as long as their use did not compromise the rights of downstream users. 

The federal government will have a role in ensuring that the flow of water continues where:

·          Fish habitat will be destroyed or compromised as a result of the decreased flow.  This includes cases where spawning fish are unable to reach their spawning grounds as a result of a dam or other obstacle.  In such cases the Fisheries Act will apply.

·          A river which is capable of being navigated by a boat will be blocked or made less accessible as a result of a barrier or reduction in flow.  In such cases Transport Canada must approve any change in the river under the Navigable Waters Protection Act.  In addition, the federal Coast Guard has powers related to boat navigation along navigable rivers under the Canada Shipping Act.

·          A river or other waterbody crosses the border with the United States, in which case the International River Improvements Act and/or the International Boundary Waters Treaty Act may apply. 

Quality of Water

Pollution of the water in a lake or stream can destroy the aquatic habitat and/or harm downstream water users (either health-wise or financially).  The primary law, in B.C., governing the introduction of pollution into the environment is the Waste Management Act.  With a few exceptions, a person must have a permit under the Act before he or she can introduce “waste” into the environment.  Waste is defined extremely broadly. 

In addition, there are a series of regulations made under the Waste Management Act that create additional rules for specific substances.

Laws related to specific industries (e.g. pesticide use, mining and forestry) also contain requirements aimed at preventing a negative impact on streams.  There are also laws related specifically to protecting drinking water and to protecting riparian areas that have a direct impact on the protection of rivers, lakes and other watercourses. 

Also significant is the federal Fisheries Act that prohibits any person from introducing a “deleterious substance”, meaning a substance harmful to fish, into fish habitat. 

Aquatic Habitat

Regardless of flow or quality of water, dredging, construction or other development that impacts on the bottom of the watercourse can destroy important aquatic habitat. 

Section 9 of the Water Act provides that any person making a “change in or about a stream” must either:

·          Have a water licence under the Water Act authorizing the change;

·          Have received written government approval before making the change; or

·          Be acting under regulations created under the Water Act. 

Changes “in or about a stream” includes any significant modifications to the bed or banks of any watercourse (whether it has water in it at the time or not).  Through either licences or approvals the Water Act government officials can impose conditions setting out exactly how any “changes” must be made, or refuse to allow changes at all. 

Under the Fish Protection Act the province can also designate “sensitive streams” for fish protection, and develop a “recovery plan” [link to ???] for such streams. 

Finally, the federal Fisheries Act prohibits the “harmful alteration of fish habitat” without government approval.  The federal and provincial governments will usually coordinate their efforts when a development requires approval by both levels of government. 

Related Guide Pages:

·          Riparian Areas

·          Water Quality

·          Water Use Planning

For more information on Rivers, Streams and Lakes:

·          Stream Stewardship: A Guide for Planners and Developers – Jointly published by the federal and provincial governments.

·          Protecting Water Quality – A discussion of threats to water quality, with special attention to agriculture.

·          Environment Canada’s Freshwater Website.