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Policy Proposal on B.C.'s new Water Sustainability Act (Dec 2010):
In December 2010, the province released their policy proposal on B.C.'s new Water Sustainability Act. They invite the public to participate in the next phase of Water Act Modernization.
The Ministry of Environment will be discussing key features of the Water Sustainability Act on the Living Water Smart Blog.
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Submissions:
The closing date for WAM written submissions was April 30, 2010. Submissions from a number of organizations are attached below.
First Nations Fisheries Council Water Act Modernization submission [Click here to download].
First Nations Summit Water Act Modernization submission [Click here to download]
BCAFN Water Act Modernization submission [Click here to download]
UBCIC Water Act Modernization submission [Click here to download]
Watershed Watch Salmon Society Water Act Modernization submission [Click here to download]
Water Act Modernization Submissions Webpage
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Background:
As part of its commitments in Living Water Smart: B.C.’s Water Plan, the Province of British Columbia has initiated the Water Act Modernization (WAM)Process.
BC’s Water Act is over 100 years old and does require significant changes to broadly address key issues and challenges such as:
- recognition and accommodation of Aboriginal Title and Rights
- protection of aquatic habitats for salmon and freshwater fisheries
- maintenance of ecosystem services (e.g. in-stream flows during critical salmon life history stages)
- water source protection (groundwater and surface water)
- effective water governance and decision-making
- integrated watershed/land-use planning
- water allocation and monitoring systems
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WAM Engagement Schedule and Discussion Paper:
The province has developed and posted a Water Act Modernization Discussion Paper for review and input from First Nations, stakeholders and the public though regional public workshops, online discussions through the and written submissions. The Discussion Paper outlines opportunities for using, sustaining and managing water resources in a changing environment and it proposes principles, goals, supporting objectives and possible solutions for a modernized Water Act.
In addition to nine public workshops scheduled in cities throughout BC, the province has scheduled three First Nations Workshops for March 31 (Kamloops), April 1 (Nanaimo) and April 14 (Terrace). For more information on the Provincial Government’s proposed engagement with First Nations on the WAM process or to register for one of the workshops, you can contact Ian Graeme at 250-356-6663 or
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Written submissions may be completed online, emailed to
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or sent to: Water Act Modernization, Water Stewardship Division, Ministry of Environment, PO Box 9362 Stn Prov Govt, Victoria, BC, V8W 9M2. The closing date for submissions is April 30, 2010.
Once the public comment phase has closed, the Provincial Government will review and consider the public comments, and by the end of summer or early fall, final recommendations will be submitted to government and will be drafted into a legal language for introduction into Parliament. The Bill is scheduled to be introduced to the Legislature in the 2011 Spring Session.
For more information about Living Water Smart and the Water Act Modernization Process, please visit http://www.livingwatersmart.ca/water-act/. Here you can find more detailed information on the process, view the schedule of regional workshops, view and contribute to on-line discussion forums, and access and download research and discussion papers.
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First Nations and WAM Process:
The Water Act is critical legislation and the issues surrounding it will not be resolved easily.
The Water Act Modernization Process represents a limited opportunity to re-shape critical legislation. It is anticipated that the general public, stakeholders, industry associations and other interested parties will have wide ranging and extensive comments on changes to the Water Act.
The First Nations Fisheries Council considers the Province’s proposed consultation process with First Nation communities and organizations to be inadequate, and is concerned that the lack of resources and the short review period may not be sufficient to allow First Nations the opportunity to be meaningfully engaged in the WAM process. The Council will be sending a letter to the Provincial Government to raise our concerns with the consultation process and to suggest ways that the Province could improve its engagement with First Nation communities on this important initiative.
Despite the lack of resources and the short timeline, the First Nations Fisheries Council will review the discussion paper and will provide written comments to the Province and we encourage First Nation communities to engage in the Water Act Modernization process, to offer comment and suggestions on improving the Water Act and to articulate potential infringements of Aboriginal Title and Rights.
We have compiled some information and resources that may assist communities with their review of the WAM Discussion paper and in preparing their written submissions.
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Resources:
Download the BC Government Discussion Paper on the Water Act http://www.livingwatersmart.ca/water-act/discussion-paper.html
Download the POLIS discussion paper Setting a New Course in British Columbia - Water Governance Reform Options and Opportunities http://www.poliswaterproject.org/publication/272
The POLIS Project on Ecological Governance website also has a number of other water-related publications and research available for download or purchase. http://www.poliswaterproject.org/publications
STATEMENT OF EXPECTATIONS on Reform of the BC Water Act from BC Non-Governmental Organizations December, 2009 http://www.watershed-watch.org/publications/files/NGO_SoE-WaterActReform-Jan2010.pdf
Download the Watershed Watch paper Fish Out of Water: Tools to Protect British Columbia’s groundwater and Wild Salmon. This research report was completed in collaboration with the Nicola Tribal Association, Northern Shuswap Tribal Council, Okanagan Nation Alliance Fisheries Department, and Secwepemc Fisheries Commission. http://www.watershed-watch.org/publications/files/FishOutofWater-web.pdf
Download the report First Nations and Water Use in British Columbia, which was prepared by Braker and Company for the BC Aboriginal Fisheries Commission in 1996. http://fnfisheriescouncil.ca/index.php/more-info/search-documents/doc_download/533-fnandwateruseinbcbrakerandcobcafc1996
Download the water rights paper Water Rights and First Nations in British Columbia. This paper was prepared by M.J. Menczer in May 1996. Click here (registered First Nations users only)
The Watershed Watch Salmon Society also has a number of water-related information and resources available for download on its website.http://www.watershed-watch.org/publications/index.html
Simpcw Water Declaration [view or download in PDF format]
Visit the Living Water Smart Blog to see what other people are saying about the Water Act Modernization Process, the Discussion Paper and other water related topics
Living Water Smart: Links to Online Resources
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Reports and Publications:
Climate Change
- Pike, R/.G., Spittlehouse, D.L., Bennett, K.E., Egginton, V.N., Tschaplinski, P.J., Murdock, T.Q., and Werner, A.T. Climate Change and Watershed Hydrology: Part II – Hydrologic Implications for British Columbia. 2008. Streamline Watershed Management Bulletin, Vol. 11/No. 2 Spring 2008
- B.C. Ministry of Environment, Climate Action Secretariat, Live Smart BC website http://www.livesmartbc.ca/learn/effects.html
- B.C. Ministry of Forests and Range, Research Branch. Climate Change website http://www.for.gov.bc.ca/hre/topics/climate.htm
- Pacific Climate Impacts Consortium 2007. Climate Overview 2007: Hydro-climatology and Future Climate Impacts in British Columbia. URL:http://pacificclimate.org/docs/publications/PCIC.ClimateOverview.Revised.March2009.pdf.
- Rodenhuis, D., Bennerr, K.E., Werner, A. Murdock, T.Q., and Bronaugh, D. 2007. Hydro-climatology and future climate impacts in British Columbia. Pacific Climate Impacts Consortium. URL: http://www.pacificclimate.org/docs/publications/PCIC.ClimateOverview.pdf
- Stewart, I.T., D.R. Cayan, and Dettinger, M.D. 2004. Changes in snowmelt runoff timing in western North America under a “business as usual” climate change scenario. Climatic Change 62:217-232. URL: http://meteora.ucsd.edu/~meyer/stewart_clch.pdf
- Thompson, J. 2007. Running dry: Where will the west get its water? Pacific Northwest Research Institute, Science Findings, Issue 97, October 2007. URL: http://www.fs.fed.us/pnw/sciencef/scifi97.pdf
Protecting Stream Health and Aquatic Environments
- Brandes, O., D. Curran. 2008. Water licences and conservation: future directions for land trusts in British Columbia. Prepared For: The Land Trust Alliance of British Columbia.
- Brandes, O., D. Curran. 2009. Setting a New Course in British Columbia: Water Governance Reform Options and Opportunities. Victoria British Columbia: Polis Project on Ecological Governance.
- de Loë, R., J. Varghese, C. Ferreyra, R. Kreutzwiser. 2007. Water Allocation and Water Security in Canada: Initiating a Policy Dialogue for the 21st Century.
- The Instream Flow Council (IFC) is an organization that represents the interests of state and provincial fish and wildlife management agencies in the United States and Canada dedicated to improving the effectiveness of their instream flow programs.
- Hatfield, T., A. Lewis, D. Ohlson, M. Bradford. 2003. Development of instream flow thresholds as guidelines for reviewing proposed water uses. Prepared for prepared for British Columbia Ministry of Sustainable Resource Management and British Columbia Ministry of Water, Land and Air Protection.
- Independent Power Production in British Columbia: an interagency guidebook for proponents, 2008. British Columbia Ministry of Agriculture and Lands. http://www.al.gov.bc.ca/clad/IPP_guidebook.pdf
- Fish Out of Water: Tools to Protect British Columbia's Groundwater and Wild Salmon Watershed Watch, Secwepemc Fisheries Commission, Okanagan Nation Alliance Fisheries Dept., Northern Shuswap Tribal Council, and Nicola Tribal Assoc., April 2009
- “Groundwater & Healthy Streams: it’s all connected”, Douglas, T. for Watershed Watch, November 2009
Improving Water Governance Arrangements
- UBC program on Water Governance conducts basic research on water management, engages the wider community in outreach and education on water issues, and facilitates dialogue on water governance between universities, communities, government, NGOs and the private sector.
- At a Watershed: Ecological Governance and Sustainable Water Management in Canada, addresses specific issues of governance and goes beyond the urban environment. Oliver M Brandes, Keith Ferguson, Michael M'Gonigle, Calvin Sandborn 2005.
- The Polis project on ecological governance’s water sustainability project recognizes that water scarcity is largely a social crisis of governance that should be addressed through integrated approaches to water management and decision-making.
- Brandes, O and Curran, D. (2009) “Setting a New Course in BC – Water Governance Reform Options and Opportunities”.
Introducing More Flexibility and Efficiency in the Water Allocation System
- Brandes, Oliver M., Nowlan, Linda, and Paris, Katie. 2008 Going With the Flow? Evolving Water Allocations and the Potential and Limits of Water Markets in Canada. Prepared for the Conference Board of Canada.
- de Loë, Rob. 2007. Allocation Efficiency in the Context of Water Security – Discussion Paper for The Science-Policy Interface: Water and Climate Change, and the Energy-Water Nexus, Washington, DC
- Final Report: Water Allocation and Water Security in Canada: Initiating a Policy Dialogue for the 21st Century.
- Guelph Water Management Group. 2007. Characterization of Water Allocation Systems in Canada. Technical Report 1. Prepared for the Walter and Duncan Gordon Foundation. Guelph, ON: Guelph Water Management Group, University of Guelph.
Regulating Ground Water Use in Priority Areas and for Large Withdrawals
- Bruce, J.P., Cunningham, W., Freeze, A., Gillham, R., Gordon, S., Holysh, S., et al. (2009). The Sustainable Management of Ground water in Canada.Ottawa, Canada: The Canadian Council of Canadian Academies.
- Christensen, R. (2007). Review of British Columbia’s Ground water Regulatory Regime: Current Practices and Options. British Columbia: Sierra Legal Defence Fund.
- De Loe, R, Kreutzwiser, R.Varghese, J., & Ferreyra, C. (2007). Characterization of Water Allocation Systems in Canada, Technical Report 1. University of Guelph, Canada: Walter and Duncan Gordon Foundation, Guelph Water Management Group.
- Nowlan, L. (2005). Buried Treasure Ground water Permitting and Pricing in Canada: Walter and Duncan Gordon Foundation, with case studies by Geological Survey of Canada, West Coast Environmental Law, and Sierra Legal Defence Fund.
- Wei, M., D. M. Allen, A. P. Kohut, S. Grasby, K. Ronneseth, & Turner, B. (in press 2009). Understanding the Types of Aquifers in the Canadian Cordillera Hydrogeologic Region to Better Manage and Protect Ground water. Streamline Watershed Management Bulletin, FORREX Forum for Research and Extension in Natural Resources.
- Fish Out of Water: Tools to Protect British Columbia’s Groundwater and Wild Salmon Watershed Watch, Secwepemc Fisheries Commission, Okanagan Nation Alliance Fisheries Dept., Northern Shuswap Tribal Council, and Nicola Tribal Assoc., April 2009
- “Groundwater & Healthy Streams: it’s all connected”, Douglas, T. for Watershed Watch, November 2009
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