British Columbia Order in Council — Order under Water a) Water Amendment Act, 1999 , into force (O.C. 139/2000)

O.C. 139/2000

British Columbia — Orders in Council

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. 139 , Approved and Ordered FEB Lieutenant Governor Executive Council Chambers, Victoria On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that (

a) the Water Amendment Act, 1999, S.B.C. 1999, c. 49, is brought into force by this regulation, and (

b) the Water Regulation, B.C. Reg. 204/88, is amended as set out in the attached Schedule. Preside g Member of the Executive Council (This

part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section:- Water Amendment Act, 1999, s. 10 Other (specify):- Water Act, ss. 12.1 & 46; OIC 889/88 December 8, 1999 ;q/5 /99/33/ca

SCHEDULE WATER REGULATION 1 The Water Regulation, B.C. Reg. 204/88, is amended by adding the following

section to

Part 1: Industrial purposes 1.1 Any use of water in British Columbia, and any use of water at a place in British Columbia, that is listed in Item 3 of Parts 1 and 2 of

Schedule A is designated as a use for industrial purpose. 2

Section 2 (1) (

k) is amended by striking out "a sketch" and substituting "an accurate, labeled drawing". 3 The following

section is added to

Part 2: Quick licensing procedures 3.1

(1) In this section, "application for a change of works" means, in respect of a licence, (

a) a proposal to amend the licence under

section 18 of the Act, (

b) an application for a transfer of appurtenancy under

section 19 of the Act, or (

c) a proposal for an apportionment under

section 20 of the Act, if the proposal or application proposes one or both of (

d) works additional to the works previously authorized by the licence, and (

e) changes to the works previously authorized by the licence.

(2) A reference in this

section to "owner" does not include an owner that is the government but, despite this,

section 26 of the Act continues to apply in the case of Crown land that is or is likely to be physically affected by proposed works or by changes to authorized works.

(3) Section 3 does not apply to a licence application that is accepted for filing under

section 12.1 of the Act.

(4) An application for a licence does not qualify as an eligible application under

section 12.1 of the Act unless, before the application is considered, (

a) the applicant delivers or causes to be delivered, in accordance with subsection (6) of this section, a copy of the following to each owner, if any, whose parcel of land is or is likely to be physically affected by the applicant's works: (

i) a copy of the application; (ii) a copy of the drawing referred to in

section 2 (1) (

k) of this regulation; (iii) a copy of a Landowner's Consent Form in Form 1 of

Schedule D, and (

b) the applicant submits, for each parcel of land referred to in paragraph (a), a Landowner's Consent Form in Form 1 of

Schedule D, completed and page 1 of 12

signed by the owner of the parcel or by that owner's agent and to which is attached (

i) a copy of the application, and (ii) a copy of the drawing referred to in paragraph (a) (ii) signed by the owner of the parcel or by that owner's agent.

(5) An application for a change of works does not qualify as an eligible application under

section 12.1 of the Act unless, before the application is approved, (

a) the holder of the licence authorizing the works to be changed delivers or causes to be delivered, in accordance with subsection (6) of this section, a copy of the following to each owner, if any, whose parcel of land is or is likely to be physically affected by the proposed change to the works: (

i) the application, inclucitn in accurate description of the proposed change to the works; (ii) one or more accurate, labeled drawings showing (

A) the scale of the drawing, (

B) the location of all existing and proposed works, and (

C) the following if applicable: (

I) in the case of a transfer of appurtenancy, the existing and proposed appurtenancies; (II) in the case of an apportionment, the subdivision or the proposed subdivision, as the case may be, of the land appurtenant to the licence, including the boundaries of each parcel in the subdivision; (iii) a Landowner's Consent Form in Form 2 of

Schedule D; (iv) the plat issued with the licence or, if no such plat was issued, the drawing referred to in

section 2 (1) (

k) of this regulation, and (

b) the holder of the licence submits, for each parcel of land referred to in paragraph (a), a Landowner's Consent Form in Form 2 of

Schedule D, completed and signed by the owner of the parcel or by that owner's agent, and to which is attached (

i) a copy of the application, and (ii) a copy of the drawings referred to in paragraph (a) (ii) signed by the owner of the parcel or by that owner's agent.

(6) Delivery to an owner of the materials referred to in subsection (4) or (5) must be cffcctt•d by (

a) per>unally delivering a copy of the materials to the owner or the owner's agent, (

b) leaving a copy of the materials at the residence of the owner or of the owner's agent, or (

c) sending a copy of the materials by registered mail to the owner or the owner's agent. 4 Items 3, 5, 7 and 9 of

Part 1 of

Schedule A are repealed and the following substituted: 3 INDUSTRIAL PURPOSE page 2 of 12

(

a) pulp mills <20 cubic feet a second 5 000 20 cubic feet or more a second 10 000 (

b) sawmills, food processing plants, manufacturing operations, washing sand and gravel all applications 500 (

c) cooling all applications 500 (

d) hotels, motels, trailer parks, stores, service stations, restaurants or similar commercial enterprises all applications 150 (

e) ponds for floating logs, fish culture or fur farming all applications 150 (

f) watering of golf courses, ornamental gardens, parks or similar properties all applications (

g) miscellaneous industrial (

i) amusement parks (ii) bottling of fresh water for sale <50 000 gallons a day 50 000 gallons or more a day (iii) brake cooling (iv) camps (recreational, youth, church, etc.) (

v) churches or community halls (vi) crop suppression (vii) dewatering (viii) dust control (ix) effluent dilution (

x) exhibition grounds (xi) film processing plants (xii) fire prevention (xiii) fire protection (xiv) fish hatcheries (xv) flood harvesting (xvi) frost protection (xvii) game farms (xviii) garbage dumps (xix) greenhouses (xx) heat exchangers (xxi) ice making (xxii) institutions (xxiii) kennels 1 150 150 400 000 .150 .150 .150 150 150 150 150 150 150 150 150 150 150 150 150 150 150 150 150 150 .150 page 3 of 12

(xxiv) log fluming .150 (xxv) mining equipment 150 (xxvi) nurseries 150 (xxvii) oil field injection 150 (xxviii) overburden disposal 150 (xxix) pressure testing and flushing 150 (xxx) public facilities 150 (xxxi) residential lawn or garden watering (area exceeds 0.25 acre) 150 (xxxii) road maintenance 150 (xxxiii) sediment control 150 (xxxiv) sewage disposal 150 (xxxv) shipyards 150 (xxxvi) snowmaking 150 (xxxvii) stockwatering 150 (xxxviii) swimming pools 150 (xxxix) truck washing 150 (xl) tunnelling 150 (xli) washing intake screens 150 (xlii) wharves 150 (xliii) work camps 150 5 LAND IMPROVEMENT AND RIVER IMPROVEMENT PURPOSES all applications 150 7 MINING AND HYDRAULICKING PURPOSES (

a) hydraulic mining all applications 2 000 (

b) washing coal all applications 2 000 (

c) processing of ore all applications 1 000 (

d) placer mining all applications .200 (

e) hydraulicking all applications 150 9 WATERWORKS AND CONVEYING PURPOSES (

a) water conveyed for waterworks purpose by a local authority <20 000 000 gallons a year .400 20 000 000 to 100 000 000 gallons a year 1 000 >100 000 000 and < 1 000 000 000 gallons a year 2 000 1 000 000 000 gallons or more a year 4 000 page 4 of 12

(

b) water conveyed for waterworks purpose by a person Mho than a local authority all applications .400 (

c) conveying within British Columbia all applications 150 (

d) water delivery within British Columbia all applications 150 (

e) shipment of water within British Columbia by marine transport <1 000 acre feet a year 5 000 1000 acre feet or more a year 10 000 5 Items 3, 5, 7 and 9 of

Part 2 of

Schedule A are repealed and the following substituted: 3 INDUSTRIAL PURPOSE (

a) pulp mills each cubic foot a second or fraction thereof 382.00 (

b) sawmills, food processing plants, manufacturing operations, washing sand and gravel 20 000 gallons a day or less 14.20 each additional 10 000 gallons a day or fraction thereof 7.10 (

c) cooling 50 000 gallons a day or less 35.50 each additional 10 000 gallons a day or fraction thereof 7.10 (

d) hotels, motels, trailer parks, stores, service stations, restaurants or similar commercial enterprises 2 000 gallons a day or less 28.40 each additional 1 000 gallons a day or fraction thereof 14.20 (

e) ponds for floating logs, fish culture or fur farming 38.00 (

f) watering of golf courses, ornamental gardens, parks or similar public properties 10 acre feet a year or less 27.50 each additional acre foot a year or fraction thereof 2.75 (

g) miscellaneous industrial (

i) amusement parks each 10 000 gallons a day or fraction thereof 33.00 total not to exceed 5 000.00 (ii) bottling of fresh water for sale 20 000 gallons a day or less 170.00 each additional 1 000 gallons a day or fraction thereof 8.50 (iii) brake cooling each 2 000 gallons a day or fraction thereof 30.00 total not to exceed 5 000.00 page 5 of 12

(iv) camps (recreational, youth, church, etc.) (

v) churches or community halls each 2 000 gallons a day or fraction thereof total not to exceed (vi) crop suppression each 50 acre feet a year or fraction thereof total not to exceed 5 5000.00 24.00 23.00 000.00 26.00 (vii) dewatering (viii) dust control (ix) effluent dilution each 50 000 acre feet a year or fraction thereof 46.00 34.00 285.00 total not to exceed 5 000.00 (

x) exhibition grounds each 10 000 gallons a day or fraction thereof 22.00 total not to exceed 5 000.00 (xi) film processing plants each 2 000 gallons a day or fraction thereof 21.00 total not to exceed 5 000.00 (xii) fire prevention each 0.25 cubic feet a second or fraction thereof 47.50 total not to exceed 5 000.00 (xiii) fire protection 73.00 (xiv) fish hatcheries each 0.5 cubic foot a second or fraction thereof 33.00 total not to exceed 5 000.00 (xv) flood harvesting each 10 acre feet a year or fraction thereof 16.00 total not to exceed 5 000.00 (xvi) frost protection each 100 acre feet a year or fraction thereof 27.00 total not to exceed 5 000.00 (xvii) game farms each 10 000 gallons a day or fraction thereof 17.00 total not to exceed 5 000.00 (xviii) garbage dumps each 10 000 gallons a day or fraction thereof 24.00 total not to exceed 5 000.00 (xix) greenhouses each 2 000 gallons a day or fraction thereof 15.00 total not to exceed ....5 000.00 page 6 of 12

(xx) heat exchangers each 10 000 gallons a day or fraction thereof 18.00 total not to exceed... 5 000.00 (xxi) ice making each 500 gallons a day or fraction thereof 23.00 total not to exceed 5 000.00 (xxii) institutions each 10 000 gallons a day or fraction thereof 24.00 total not to exceed 5 000.00 (xxiii) kennels each 2 000 gallons a day or fraction thereof 30.00 total not to exceed 5 000.00 (xxiv) log Pluming 60.00 (xxv) mining equipment each 10 000 gallons a day or fraction thereof 24.00 total not to exceed 5 000.00 (xxvi) nurseries each 20 acre feet a year or fraction thereof 24.00 total not to exceed 5 000.00 (xxvii) oil field injection each cubic foot a second or fraction thereof 340.00 total not to exceed 5 000.00 (xxviii) overburden disposal 32.50 (xxix) pressure testing and flushing each 0.5 cubic foot a second or fraction thereof 33.00 total not to exceed 5 000.00 (xxx) public facilities each 5 000 gallons a day or fraction thereof 33.00 total not to exceed 5 000.00 (xxxi) residential lawn or garden watering (area exceeds 0.25 acre) each 10 acre feet a year or fraction thereof 10.50 total not to exceed 5 000.00 (xxxii) road maintenance 34.00 (xxxiii) sediment control 288.00 (xxxiv) sewage disposal 65.00 (xxxv) shipyards each 10 000 gallons a day or fraction thereof 22.00 total not to exceed 5 000.00 (xxxvi) snowmaking each 100 acre feet a year or fraction thereof 20.00 page 7 of 12

total not to exceed 5 000.00 (xxxvii) stockwatering each 5 000 gallons a day or fraction thereof 30.00 total not to exceed 5 000.00 (xxxviii) swimming pools 36.00 (xxxix) truck washing each 1 000 gallons a day or fraction thereof 10.00 total not to exceed 5 000.00 (xl) tunnelling each 500 000 gallons a day or fraction thereof 72.00 total not to exceed 5 000.00 (xli) washing intake screens each 200 000 gallons a day or fraction thereof 26.00 total not to exceed 5 000.00 (xlii) wharves each 10 000 gallons a day or fraction thereof 32.00 total not to exceed 5 000.00 (xliii) work camps each 10 000 gallons a day or fraction thereof 23.00 total not to exceed 5 000.00 5 LAND IMPROVEMENT AND RIVER IMPROVEMENT PURPOSES (

a) land improvement .. 38.00 (

b) river improvement 69.00 7 MINING AND HYDRAULICKING PURPOSES (

a) hydraulic mining each cubic foot a second or fraction thereof 56.00 (

b) washing coal each cubic foot a second or fraction thereof 330.00 (

c) processing of ore each 100 000 gallons a day or fraction thereof 253.00 (

d) placer mining each 0.5 cubic foot a second or fraction thereof 192.00 (

e) hydraulicking 60.00 9 WATERWORKS AND CONVEYING PURPOSES (

a) water conveyed for waterworks purpose by a local authority 20 000 000 gallons a year or less used 140.00 each additional 100 000 gallons a year or fraction thereof 0.70 (

b) water conveyed for waterworks purpose by a person other than a local authority 25 000 gallons a day or less 70.00 page 8 of 12

each additional 1 000 gallons a day or fraction thereof 2.80 (

c) conveying 51.00 (

d) water delivery each 2 000 gallons a day or fraction thereof 17.00 total not to exceed 5 000.00 (

e) bulk shipment of water by marine transport 100 acre feet a year or less allowed 1 035.00 each additional 10 acre feet a year or fraction thereof allowed 103.50 100 acre feet a year or less used 1 350.00 each additional 10 acre feet a year or fraction thereof used 135.00 6 The following

Schedule is added

SCHEDULE D PRESCRIBED FORMS FORM 1 LANDOWNER'S CONSENT FORM I/we, the undersigned, confirm that I/we am/are the owner/owners of the land described below: Legal description of the land: Lot number

Section number District Plan number Copies of the following documents are attached: 1. the application (the "Application") in which [Name of applicant/applicants for the licence] makes application for a water licence on [Name of source] for the following purpose/purposes and quantity/quantities: Purpose Quantity , and 2. the drawing (the "Drawing") referred to in

section 2 (1) (

k) of the Water Regulation, B.C. Reg. 204/88 [as set out below] . page 9 of 12

I/we understand that, if the Application is granted, my/our land is or is likely to be physi- cally affected. ITick one of the following boxes to express your consent or objection] CI I/we consent to the Application, including the proposed works indicated in the Drawing, and I/we have signed the Drawing to confirm that consent. CI I/we object to the Application on the following basis: [Attach additional pages if necessary] NOTE: IF YOU OBJECT TO THIS APPLICATION, YOUR OBJECTION WILL BE TAKEN INTO ACCOUNT WHEN THE APPLICATION IS CON- SIDERED. HOWEVER, THE LICENCE MAY NEVERTHELESS BE GRANTED UNDER THE WATER ACT.

FURTHER INFORMATION MAY BE OBTAINED FROM YOUR LOCAL REGIONAL WATER MANAGER. Signature of owner Date Name of owner — please print Signature of owner Date Name of owner — please print [Attach additional pages for signatures of other owners, if necessary.]

Section 2 (1) (

k) of the Water Regulation, B.C. Reg. 204/88, provides:

(1) An application for licence shall be signed in duplicate by the applicant or his agent and shall include the following information: ... (

k) an accurate, labeled drawing showing the land, mine or location where water is proposed to be used, the approximate location of the proposed works and any land that may be physically affected. page 10 of 12

FORM 2 LANDOWNER'S CONSENT FORM I/we, the undersigned, confirm that I/we am/are the owner/owners of the land described below: Legal description of the land: Lot number

Section number District Plan number I/we understand that, in respect of Water Licence # (the "Licence") held by [Name of holder/holders of Licence] , consideration is being given to an application for a change of works [see below for definition] . Copies of the following documents are attached: (

a) the application for a change of works, including a description of the proposed change to the works; (

b) one or more labeled drawings (the "Drawings") showing the scales of the Drawings and the location of all existing and proposed works and, (

i) in the case of a transfer of appurtenancy, the existing and proposed appurtenancies, or (ii) in the case of an apportionment, the subdivision or the proposed subdivision, as the case may be, of the land appurtenant to the Licence, including the boundaries of each parcel in the subdi- vision. I/we understand that my/our land is or is likely to be physically affected by the granting of the application for a change of works.

ITick one of the following boxes to express your consent or objection] l I/we consent to the application for a change of works, including the proposed addition or change to works indicated in the Drawings, and I/we have signed the Drawings to confirm that consent. page 11 of 12

O I/we object to the application for a change of works on the following basis• [Attach additional pages if necessary] NOTE: IF YOU OBJECT TO THIS APPLICATION, YOUR OBJECTION WILL BE TAKEN INTO ACCOUNT WHEN THE APPLICATION IS CON- SIDERED. HOWEVER, THE APPLICATION MAY NEVERTHELESS BE GRANTED UNDER THE WATER ACT. FURTHER INFORMATION MAY BE OBTAINED FROM YOUR LOCAL REGIONAL WATER MANAGER. Signature of owner Date Name of owner — please print Signature of owner Date Name of owner — please print [Attach additional pages for signatures of other owners, if necessary.]

Section 3.1 (1) of the Water Regulation, B.C. Reg. 204/88, provides:

(1) In this section, "application for a change of works" means, in respect of a licence, (

a) proposal to amend the licence under

section 18 of the Act, (

b) an application for a transfer of appurtenancy under

section 19 of the Act, or (

c) a proposal for an apportionment under

section 20 of the Act, if the proposal or application proposes one or both of (

d) works additional to the works previously authorized by the licence, and (

e) changes to the works previously authorized by the licence. page 12 of 12

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 139/2000
Type	order_in_council
Volume / chapter	arc oic 0139 2000
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	9b2785c0b6a137e1fc84ba1885afa5d69bcf3b1f

Source file is stored in the law ingest library (pdf).