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2009 Legislative Session: 1st Session, 39th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

MR. MICHAEL SATHER

BILL M 204 — 2009

STREAM DIVERSION AMENDMENT ACT, 2009

This bill amends the Water Act to ensure that a water license to divert water from a stream for agricultural purposes maintains the minimum flow necessary to protect fish or wildlife.

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Water Act

Section 8 of the Water Act (R.S.B.C. 1996) is repealed and the following substituted:

Maintaining minimum flow.

(1) The holder of a water license must ensure that, during diversion of water from a stream, a minimum volume of water is maintained sufficient to protect fish or wildlife.

(2) Minimum flow requirements to protect fish or wildlife will be established by the comptroller or a regional water manager.

2 The Water Act (R.S.B.C. 1996) is amended by adding the following section:

Measuring and maintaining records.

9.1

(1) The holder of a water license, the purpose of which is to divert water from a stream for agricultural purposes, must

(

a) measure the daily volume of water removed by use of a water meter,

(

b) record the dates of the measurements under subsection (a), and

(

c) maintain a record of the measurements under subsections (

a) and (

b) for a period of ten years.

(2) Notwithstanding subsection (

a) and

section 8, the comptroller may grant a water license if he or she considers that the flow of a stream that is the subject of an application is suffcient such that the diversion will not result in a failure to protect fish or wildlife.

Commencement

3 The provisions of this Act come into force on the date of Royal Assent.

Explanatory Note

This bill amends the Water Act to ensure that a water license to divert water from a stream for agricultural purposes maintains the minimum flow necessary to protect fish or wildlife.

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