British Columbia Guide to Watershed Law and Planning
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  Water Storage & Utilities

Water Storage & Utilities

Water is the life-blood of the ecosystem, and many of the pages of this Guide are related to water.  This page is focused on human efforts to store and transport water to where it is needed.  There is a list of other guide pages related to water at the bottom of this page. 

Humans store water to make sure that it will be there when it is needed for some use.  These uses are usually economically or socially important, but by taking water out of an ecosystem and keeping it in a location that we choose, we can, among other things:

·         cause streams to dry up, or be reduced in volume;

·         flood areas (where the water is to be stored);

·         disrupt natural cycles of flooding/drought;

·         affect the suitability of areas for fish habitat or other ecological functions. 

In B.C., just about any step that involves use of water is regulated. 

 

Water “Use” in B.C.

In B.C. the Water Act is the primary piece of legislation governing the use of water.  The Act says that all water running in streams, rivers, lakes, swamps, etc. belongs to the provincial government.  Anyone who wants to use that water will require a Water Licence from the provincial government, and “use” includes storing water for future use.  A Water Licence grants the holder the right to divert or store a certain amount of water from a body of water. 

A Water Licence will need to specifically authorize storage.  It may authorize the construction of a dam, or other specific “works” to store the water.  It may carry with it conditions designed to protect fish habitat or other environmental factors. 

 

Other Acts related to Storage

If the water storage occurs through a dam or other mechanism that interferes with the navigation of the river by humans or fish, then various other laws may apply:

·         The federal Navigable Waters Protection Act requires government approval for construction in water bodies that can be navigated by a floating vessel;

·         The federal Fisheries Act applies to any construction or works that may negatively affect fish habitat.  In addition, the federal Minister of Fisheries and Oceans is given powers to require fish protection devices to be installed and that a minimum quantity of water pass over a dam.

·         The Dam Safety Regulation, created under the provincial Water Act, applies to dams which are 7.5 metres or higher (or, if smaller, which catches a disproportionate amount of water or otherwise has a disproportionate impact – see section 2 of the Regulation for more information).

·         The Fish Protection Act prohibits the construction of bank to bank dams on “protected rivers” -- rivers of significance to the province of British Columbia that are listed in section 4 of the Act or which the provincial cabinet has designated under the Act. 

·         The provincial Environmental Assessment Act will apply to certain types of water development unless the government determines that an environmental assessment is not necessary.  Projects which will generally be reviewable include dams which are 15 m or higher; dams which are authorized to store 10 million cubic metres or more of water; and facilities that divert more than 10 million cubic metres from a water body. 

 

Water Utilities

Water Utilities are companies that deliver water to the consumer.  They are generally regulated under the Water Utility Act.  Although the focus of that Act is on protecting the consumer, and not on environmental protection, the broad powers given to the Comptroller of Water Rights, an official of the Ministry of Sustainable Resource Management, could be used to protect the natural environment. 

Water Utilities are also required to maintain certain minimum standards of water quality as defined under Regulations passed under the Health Act. 

In some cases water utilities are managed by the people who use the water, organized into Water Users Communities, set up under the Water Act.  For more information on Water Users Communities please see the Water Act page of the Guide. 

 

Related Guide Pages:

·         Fish & Fish Habitat

·         Hydro-Electric Power Generation

·         Navigation & Navigable Waters

·         Riparian Areas

·         Rivers, Streams and Lakes

·         Water Quality

·         Wetlands

For more information on Water Storage and Water Utilities:

·         The Dam Safety and Water Utilities pages of Land and Water BC.

·         Water Resource Information on the Ministry of Water, Land and Air Protection website. 

·         Watertalk – a BC-based website dedicated to information and discussion about the protection of water quality.

 
 
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