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Volume 53, No. 1

B.C. Reg. 19/2010

The British Columbia Gazette,

Part II

January 26, 2010

B.C. Reg. 19/2010 , deposited January 15, 2010, pursuant to the WATER ACT [Section 101] and the SUSTAINABLE RESOURCE MANAGEMENT STATUTES AMENDMENT ACT, 2002 [Section 24 (3)]. Order in Council 034/2010, approved and ordered January 15, 2010.

On the recommendation of the undersigned, the Administrator, by and with the advice and consent of the Executive Council, orders that

(

a) sections 12 and 21 of the Sustainable Resource Management Statutes Amendment Act, 2002 , S.B.C. 2002, c. 18, are brought into force, and

(

b) the Water Regulation, B.C. Reg. 204/88, is amended as set out in the attached Schedule.

— B. PENNER, Minister of Environment ; C. HANSEN, Presiding Member of the Executive Council .

Schedule

Section 1 of the Water Regulation, B.C. Reg. 204/88, is amended by adding the following subsection:

(2) In

Schedule A, "well drilling" has the same meaning as in

section 45.

2 The following

Part is added:

Part 8 – Short Term Diversion or Use of Water for Well Drilling

Definitions

45 In this Part:

"alter" means

(

a) to undertake a structural change to a well related to its depth, diameter or screen assembly,

(

b) to install a surface seal in a well that does not have one, or

(

c) to hydrofracture a well;

"develop" , in relation to a well, means to remove from the aquifer the fine sediment immediately around the screen or the drill hole;

"divert" means to take water from a stream with the aid of a portable pump or a vehicle-mounted pump;

"erosion" and "habitat" have the same meanings as in

section 36 of this regulation;

"point of diversion" means the place on the natural channel of a stream where water is diverted from the stream;

"rehabilitate" , in relation to a well, means to use chemical, mechanical or physical methods to improve or restore the capacity of the well to produce ground water where that capacity has been diminished by mineral encrustation, biofouling or accumulation of clay or silt;

"scour" has the same meaning as in

section 36 of this regulation;

"well drilling" means drilling, altering, developing, rehabilitating and closing a well.

Authority to divert or use water from a stream

(1) A diversion or use of water from a stream for well drilling must not proceed unless the diversion or use, or both, is

(

a) authorized by an approval under

section 8 of the Act or a licence, or

(

b) in compliance with this regulation.

(2) If the diversion or use of water from a stream is authorized by an approval or licence, this Part, except subsection (3), does not apply to that diversion or use of water.

(3) If an engineer is of the opinion that a diversion or use of water from a stream May have a significant detrimental impact on the stream, including the flow of water within the stream, the engineer May require that an application for an approval or licence be made in connection with that diversion or use of water.

(4) The fact that a diversion or use of water from a stream meets the requirements of subsection (1) does not relieve the person who diverts or uses the water from

(

a) the requirement to comply with all applicable federal, provincial and municipal enactments, and

(

b) if the diversion or use, or both, will occur on Crown land or land owned by another person, the requirement to obtain the approval of the owner before proceeding.

Authorization for diversion or use of water from a stream

(1) This

section applies to a qualified professional and a qualified well driller, as defined in

section 68 of the Act, and a person supervised by either of these persons.

(2) For the purposes of sections 8 (2) and 9 (2) of the Act, a person referred to in subsection (1) may, without obtaining an approval or licence, divert or use, or both, water from a stream for well drilling, provided that the diversion or use is in accordance with this regulation.

(3) A person referred to in subsection (1) must not

(

a) divert water from any one point of diversion on the stream for more than 5 successive days,

(

b) divert water from the stream for more than 10 days in any period of 30 days, or

(

c) divert more than 11 cubic metres of water per day from the stream.

(4) Water must not be diverted under subsection (2) from

(

a) a swamp,

(

b) a stream that is within the boundaries of a public park,

(

c) a stream, other than a lake, unless the width of the flowing water in the stream channel is at least 5 m at surface level, or

(

d) a lake unless the surface area of the lake is at least one hectare.

(5) Water from a stream must not be diverted or used under subsection (2) unless that water is unrecorded water.

(6) Water from a stream must not be diverted or used under subsection (2)

(

a) if the unrecorded water in the stream is subject to a water reservation made under

section 44 or 44.1 of the Act

(

i) for the use of the Crown to maintain a flow of water for the conservation of fish or wildlife or other environmental values,

(ii) for a conservation purpose, or

(iii) in favour of a treaty first nation, other than for a power purpose, to implement a final agreement,

(

b) if the stream is designated as a sensitive stream under the Fish Protection Act , or

(

c) if the stream, or part of the stream, is subject to an order made under

section 9 of the Fish Protection Act .

(7) A person referred to in subsection (1) who diverts or uses water from a stream must not construct, install or place any permanent or semi-permanent works in the stream channel.

(8) A person referred to in subsection (1) who diverts or uses water from a stream must remove from the stream channel any pump, equipment or material used by that person in diverting or using water from the stream.

Protection of habitat

(1) A person who diverts or uses water from a stream under

section 47 must only do so during the timing window or period or periods of time in the year in which the diversion or use can proceed without causing harm to fish, wildlife or habitat.

(2) A person who diverts or uses water from a stream under

section 47 must do so in a manner that does not cause damage to fish, wildlife or habitat, and, for that purpose, must ensure that the intake line or other device for diverting the water is equipped with a screen, or otherwise modified, to

(

a) prevent potential losses of fish, other aquatic vertebrates or aquatic macro invertebrates due to entrainment or impingement, and

(

b) minimize disturbance of, or removal of sand and gravel from, the stream bed.

(3) A person who diverts or uses water from a stream under

section 47 must ensure that

(

a) any disturbance of the stream channel or of the stable natural materials and vegetation in and about the stream is minimized when gaining access to water from the stream, and

(

b) any water that is diverted from the stream but is not then used for the purpose of drilling, altering, developing, rehabilitating or closing a well is not disposed of

(

i) into a sewer system, ditch or another stream that is not the stream from which the water was diverted, or

(ii) in a manner that causes

(

A) damage from erosion or scour to the stream from which the water was diverted, the stream channel or any works in that stream or stream channel,

(

B) damage to the stable natural materials and vegetation in and about that stream, or

(

C) damage to land or other property.

Protection of other water users

49 A person who diverts or uses water from a stream under

section 47 must ensure that persons who are lawfully diverting or using water under the Act will not be adversely affected.

Fees

50 Despite

section 9, no fee, rental or charge is payable in respect of water diverted or used from a stream in accordance with this Part.

Schedule A is amended

(

a) in item 4 (

a) of

Part 1 by adding " and well drilling " after " tunnelling ", and

(

b) in item 5 (

a) of

Part 2 by adding " and well drilling " after " tunnelling ".

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