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Table 11 Provincial Legislation Governing Water Management in British Columbia
Legislation
Summary
Water Act
The Act vests the right to the use and flow of all water in any stream in British Columbia in the Provincial
Crown, except to the extent that private rights have been established under licences or approvals given
under the Act. Water licences are issued to extract water from surface water sources. The Ministry of
Environment is responsible for issuing water licences under the Act and regulates the amount of water that
can be extracted, the time of year when extraction is allowed, and the location where water can be diverted
for use. The right to water under these licences is based on a ‘prior appropriation system’ meaning that the
right to take water is based on the date when the licence was issued (e.g. in times of low flow the older
water licence holders have priority over newer licences).
The Act’s influence over groundwater use is limited to requiring well drilling to be performed by qualified
professionals and to allowing for the recording of well data into the provincial well database.
Groundwater
Protection
Regulation
Establishes a registration system for qualified well drillers and standards for drilling, sealing, maintaining and
closing wells. Wells must be flood proofed so runoff contamination cannot occur during flooding or heavy
rains.
Water Protection Act
The purpose of the Act is to foster sustainable use of British Columbia’s water resources. The Act re-
confirms ownership of surface and groundwater in the Province, defines existing bulk water removal rights,
prohibits bulk removal of British Columbia’s water to locations outside the Province, and prohibits large-scale
diversion between major watersheds of the Province.
Fish Protection Act
The purpose of the Act is to protect and restore fish habitat in waters under provincial jurisdiction. The Act
authorizes a regional water manager to consider the impact on fish and fish habitat in or near streams when
deciding whether to grant a licence or approval under the Water Act. The Act also allows for the designation
of sensitive streams and imposes certain restrictions on granting water licences, which will impact those
streams. There are no designated ‘sensitive streams’ in the Study Area.
