The Future of B.C.’s Water: Ensuring the Province Gets its Water Laws Right Savannah Carr-Wilson, BA, JD Law and Policy Researcher

ROADMAP  The Future of B.C.’s Water:  Water: why it matters  Where we were & Where we are now  What does the Water Sustainability Act offer BC?  Upcoming POLIS research  Your Thoughts on the WSA Source: YourStoryYourStory

WATER: Problem in a nutshell “The trouble with water – and there is trouble with water – is that they aren’t making any more of it.” - Marq de Villiers, Water

Clean and abundant water is essential  Public health and well-being  Thriving communities, a growing population  Healthy ecosystems and fish populations  Food production and nutrition  Strong diverse economy

Our Most Precious Natural Resource What do you consider to be Canada’s most precious NATURAL RESOURCE? (%) 93% AGREE Fresh water most precious resource

Water Crises are the top Global Risk, Says World Economic Forum World Economic Forum 2015 Annual Global Risks Report Source: WakefieldWakefield

"There is a water crisis today. But the crisis is not about having too little water to satisfy our needs. It is a crisis of managing water so badly that billions of people - and the environment - suffer badly." - World Water Vision Report (World Water Forum) WATER: Escalating Crisis

Where we were

 Over 100 years old (1909)  Primary purpose to facilitate gold mining and agricultural development  Not environmental law, resource extraction rules  Ignores First Nations Rights and Title – asserts Crown ownership  Served its purpose of creating certainty for investment for its time CURRENT BC WATER ACT Source: Courtenay and District MuseumCourtenay and District Museum Miners, ground sluicing, Grouse Creek, 1867 or (British Columbia Archives and Records Service, HP765).British Columbia Archives and Records Service, HP765

Where we are now

Water Act Modernization “By 2012, water laws will improve the protection of ecological values, provide for more community involvement, and provide incentives to be water efficient.” “By 2012, government will regulate groundwater use in priority areas and large groundwater withdrawals.” “Legislation will recognize water flow requirements for ecosystems and species.” 12

Where are we at in the process?  May, 2014: Water Sustainability Act passed by legislature  February, 2015: New budget released; new water pricing schedule released (in effect in 2016)  Now: Government developing priority regulations (groundwater)  January, 2016: Target date to bring WSA into force & begin non- domestic groundwater licensing Regulations? Huh? Subordinate legislation, have the force of law, include necessary details

What does the Water Sustainability Act offer BC?

Groundwater - regulated for the first time Source: Environment CanadaEnvironment Canada

Water flows for fish & ecosystems - better protected Photo of sockeye run in Horsefly River by cid56 in The Tyee's Photo Pool

Water Objectives – ability to set targets for environmental protection Source: BuildDirectBuildDirect

Water Sustainability Plans & New Governance Structures Source: Kendall-JacksonKendall-Jackson

Flexible definition of beneficial use Source: California WaterBlog – Dept of Water ResourcesCalifornia WaterBlog – Dept of Water Resources

Enhanced monitoring and reporting Source: Natural Resources Conservation ServiceNatural Resources Conservation Service

Issues and Points of Concern  Colonial structure remains  FITFIR remains & is extended to groundwater  Exclusion of Indigenous water rights  Continued short-term water authorizations “Sacred Water Spirits” – Artist Mark Anthony Jacobson

Upcoming POLIS research

 Upcoming Research Report  Encourage development of robust and effective WSA regulations  Identify concrete examples of water conflicts or crises in B.C.  Outline specific recommendations for 5 key regulation areas Awash with Opportunity: The Urgent Need to Get B.C.’s Water Laws Right Source: DesignandbuildDesignandbuild

Early Insights: Groundwater Why Groundwater Matters  Groundwater – B.C.’s buried treasure  Growing public concern regarding groundwater in recent years  Regulating groundwater is a positive first step Sockeye observed spawning on groundwater upwellings in Adams River © Sean Bennett/DFO Source: BC Ministry of EnvironmentBC Ministry of Environment

 Best practice example:  Arizona Active Management Areas  Recommendations for the groundwater regulation: six key themes 1.Good Groundwater Governance 2.Conditional licenses 3.Groundwater information & monitoring 4.Ensure legislation is robust & complete 5.Align licenses with environmental flows 6.Address Indigenous water rights Early Insights: Groundwater Getting Groundwater Right Source: Sharon Megdal, “Arizona Groundwater Management,” The Water Report (15 October 2012) online: at 2.

 What are Salt Spring’s pressing water issues?  Which issues do you hope the WSA will be able to address?  Questions? Your thoughts on the WSA Source: Cusheon Lake ResortCusheon Lake Resort

THANK YOU!