Letter to the Editor

Imagine a lake, stream or river that you love. Or perhaps rely upon for your drinking water or livelihood. Shouldn’t the law protect it and similar water bodies?

That’s why you should care about the B.C. government’s proposed Water Sustainability Act – and public consultations on the WSA that was on until November 15. The government needs to hear British Columbians want a Water Sustainability Act that ensures that water use is … well … sustainable.

In 2010 consultations British Columbians on this proposed legislation, the government heard that: Protecting stream health and aquatic environments was the goal that was most strongly supported and addressed with greatest frequency and is clearly a priority of British Columbians.

British Columbians also expressed strong support for the principle that “rights to use water come with responsibilities to … help protect stream health.”

That stream health, water for fish and wildlife, is important to British Columbians is backed up by polls showing that 72% of British Columbians say that nature should be the priority for managing water in times of scarcity, even if it slows economic growth.

So how well would the Water Sustainability Act do in protecting stream health and aquatic environments?

The answer is mixed. The WSA would provide some important new tools that might be used to protect stream health in the future, but there is less willingness to use those tools to examine the sustainability of our existing water use. At the same time, the WSA locks in and expands many of the problems that have compromised stream health.

On the positive side of the ledger, the Water Sustainability Act Legislative Proposal will require government decision-makers to “consider” stream health in issuing new licences – for both surface and groundwater.  Government policy already requires stream health to be considered in licensing decisions, but having it required by law is a step forward.

And there are a number of new tools for addressing problem areas, such as water sustainability plans and regulations that will allow the government to set new rules for regions of the province that are facing water scarcity or future water scarcity. And in extreme cases the government will be able to order existing water users to scale back their use to protect “Critical Environmental Flows” or to protect populations of fish.

But while there are some useful tools here, the Water Sustainability Act could be stronger, and attempts to avoid taking a long hard look at our current water use.

Most importantly, the requirement to consider stream health applies only to “new licences” (or modifications to existing licences), and that means that existing overuse of water will only be addressed where the political will and resources can be found to develop a Water Sustainability Plan, and/or during exceptional drought conditions.

Indeed, stream health won’t even be considered for existing wells – which have not had a licence until now but (in the commendable interests of regulating groundwater) will be “transitioned” to a license.  In aquifers where the quantity of water being pumped out is unsustainable, the Water Sustainability Act could lock in that unsustainable use – dooming the region to water conflict and the need for future orders to deal with that conflict.

However, even for new licences, the requirement that government “consider” stream health is weak.  In the government’s consultations British Columbians expressed a strong preference for binding stream health standards, rather than flexible guidelines, that would ensure that environmental flows were protected.

Finally, rates for water don’t reflect the public benefits that British Columbians get from having water remain in our streams and lakes. Indeed, the rates don’t cover the costs of government administering the complicated water licensing system.

There are some advances in the Water Sustainability Act – new powers for addressing scarcity, the regulation of groundwater, requirements to at least consider stream health for new licences. But water is important. We need to get this right – to ensure that BC’s streams, rivers and lakes are healthy. And the B.C. Government needs to hear from British Columbians that Water – our most precious resource – requires strong legal protection. Check out ourwaterbc.ca for more information on to make your voice heard.

Jessica Clog, Executive Director, West Coast Environmental Law

and John Bergenske, Executive Director, Wildsight

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