1. Permits to Take Water: What you need to know.
Janis Pechinger
PTTW Coordinator
MOE Southwestern Region
London, ON

2. Today’s Presentation Purpose of Permit To Take Water (PTTW) Program
Legislation
What’s new?
What could go wrong by taking water?
Obligations
Application Process
Next Steps and Summary
Questions

3. Purpose of PTTW Program
The Ministry’s water quantity management policy is to ensure the fair sharing, conservation and sustainable use of the waters of the Province.
Prevent water takings from causing unacceptable impacts to natural environment and existing water users.
Most water takings >50,000 litres per day (L/d) require Permit
Permit shows that the MOE is satisfied that there is a low risk for the taking to cause unacceptable impacts
. Designed as a water quantity management tool to ensure that our resource remains sustainable for future uses
. Basically if you have a need for anything over 50 L/d, about the size of a typical swimming pool, you are required to have a Permit
. The Ministry needs to be confident that your particular water taking will not cause any adverse impacts, to the environment or your neighbours, to downstream users, etc.

4. Legislation Ontario Water Resources Act (1961)
“No person shall take more than a total of 50,000 litres in a day…without a Permit.”
Ontario Regulation 387 (2004) – “Water Taking” (enforced as of Jan 1, 2005)
Includes new rules about monitoring, reporting, notice, restrictions, MOE responsibilities, etc.
New Permit to Take Water Manual, Guide and application form
Application fees
. Since 1961 there have been a few changes to the legislation surrounding permits until 2005
. In 2004 a working group was struck to look at other jurisdictions globally and how they manage their water issues, other countries, other provinces
. In an effort for program improvements for PTTW’s, the new O. Reg 387 was introduced in 2005 that has more detailed requirements such as monitoring and reporting, fees, more detailed applications, some requiring further up to date assessments to be prepared
. Water conservation schedules are now required from the permit holders to give us an idea of what individual permit holders are doing to conserve water
. highly stressed watersheds are now identified by the number of water takings within certain areas

5. O.Reg 387/04 (Water Taking) NEW Stronger language surrounding:
minimum stream flow
flow variability
habitat protection
High & Medium Use watershed
Consumptive uses restricted
Notification of Conservation Authorities (CA’s) and municipalities
Annual reporting requirements
New classification system

6. Monitoring & Reporting Requirements
Section 9 – Duties of a Permit Holder
All Permitees shall collect & record daily water use using flow meter or other acceptable method
Before March 31 in every year, all Permit Holders shall submit this info to the Director
Phased Implementation
Phase 1
Large & small municipal residential systems and MISA sector
Start recording on July 1/05, Submit data by March 31/06
Phase 2
industrial, commercial and wildlife and conservation (Jan. 2006/Mar. 2007)
Phase 3
All other drinking water systems, agriculture and all other Permit Holders (Jan. 2007/Mar. 2008)
. Permit holders have always had to monitor their water takings but now it needs to be reported into a central database
. This is different from their permit requirements as there are special conditions on the permit that requests records be kept with rates, dates, times and volumes that be recorded for each source

7. Classification System
Why Classify?
Risk management based
Allows both applicants and MOE to focus technical effort appropriate to complexity and risk associated with a proposed water taking.
. Not all water takings pose the same level of risk in terms of causing adverse environmental impact or interference.
. helps streamline processing and improve turnaround times
. A Category 2 or 3 requires a qualified person to provide an assessment on the water taking proposed
. A Cat 2 is a more “scoped” assessment, and Cat 3 is a very detailed assessment such as a Hydrogeological report.

8. Classification System
Renewal
Small ponds
Great Lakes < 1 Million L/d
No study
$750
Cat 2
Pumping tests
Great Lakes <19 Million L/d
5% of 7Q20* from >3rd order streams, etc.
No study, but a qualified person (QP) must submit a schedule
Cat 3
All others
Study required
$3000
* 7 day period with the lowest flow over 20 years

9. Administrative Fee Exemptions
Agricultural takings are exempt from paying fees
Effective September 1, 2007 wetland and wildlife conservation permits, and
Grandfathered permits, existing takings prior to 1961
Fee exempted takers still subject to various category requirements
. No fees are required for agricultural takings which include aquaculture, nurseries, sod, tobacco, tenderfruit, etc. and now wildlife conservation and wetland creation are among fee exempted permits.
. Grandfathered permits (any sources that were there prior to 1961) are now required to have a permit, but for now will be exempt from fees
.please note though, that even though there are fee exemptions, they could still be subject to other costs if it is within a category 2 or 3 permit

10. Principle #1 – The Ministry will use an ecosystem approach that considers both water takers’ reasonable needs for the water and the natural functions of the ecosystem.
The ecosystem approach recognizes the physical, chemical and biological components of water resources and their inter-relationships
Water takings will be managed to protect the natural functions of the ecosystem
Environmental protection strategy places highest priority on preventing significant environmental harm
Water takings are managed to ensure sustainability of the resource
MOE recognizes that there are limits to the amount of water that can be taken without causing unacceptable adverse impacts
Permits will be controlled or not issued if current science standards indicate that additional or current takings will adversely impact existing users or the environment

11. Principle # 2 – Water takings are controlled to prevent unacceptable interference with other uses of water, wherever possible, and to resolve such problems if they do occur
Water takers are encouraged to take all reasonable and practical measures to manage their takings efficiently to maximize the availability of water for existing or potential uses and to sustain ecosystem integrity
To foster fair sharing, reviews of new applications will consider potential impacts on existing uses of water.

12. Principle # 3 – The Ministry will employ adaptive management to better respond to evolving environmental conditions
Adaptive management is a process that explicitly recognizes changes in the natural systems, stresses learning from experience and monitoring and revisiting management goals and objectives to adapt them as required in light of new information gained
As applied to the PTTW program, it comprises evaluating permit applications in light of available information on potential impacts, setting of permit conditions, monitoring, evaluating and adjusting of water taking and permit conditions, as necessary
In cases where the Director believes that the taking poses an unacceptable adverse effect, or where there is no additional water available, the Director may refuse to issue the permit in response to an application, or curtail or revoke and existing permit

13. Principle # 4 – The Ministry will consider the cumulative impacts of water takings
Where relevant information about watershed/aquifer conditions exists (e.g. water availability and potential impacts to the environment and other uses) the Ministry will take this into account when reviewing individual permit applications
Where the Ministry believes that cumulative impacts need to be considered, the Ministry may initiate a watershed scale or aquifer scale assessment beyond a local scale impact assessment and may engage water takers to collectively reduce the burden on the watershed and to better manage the demand for water

14. Principle # 5 – The Ministry will incorporate risk management principles into the permit application/review process
The level of scientific evaluation applied to a water taking will be commensurate with the potential for environmental impact and interference with other uses
Risk management allows both permit applicants and the Ministry to focus technical and scientific resources where they are most warranted
The permit classification system reflects the differing nature and potential impacts of various water takings
Where the Ministry believes the risks associated with the taking are not acceptable, a permit will not be issued

15. Principle #6 – The Ministry will promote public and local agency involvement
The Ministry values public and local agency involvement in the process of managing water takings at the local level
The Ministry therefore fosters an open and consultative process in the PTTW program and makes information publicly available on permitted water takings and water resource availability
The Ministry will post designated applications on the Environmental Registry (EBR) in accordance with the Environmental Bill of Rights, and consider public comments in its decision
The Ministry will provide notice to municipalities and conservation authorities of designated permit applications in order to increase local awareness of permit activities and consider their advice
The Ministry will also consult with other agencies which have expertise or mandate in certain areas such as fish and terrestrial habitat

16. What could go wrong by taking water?
Water needs to be shared by natural environment and increasing population
Conflicts arise when a water taking is unsuitable for its environment
A few examples:
Eg million LPD from L. Ontario
Eg.2 – 100,000 LPD from well in a village
Eg.3 – pumping from a stream during spring flood vs. summer low flow

17. Ground Water Interference - 1
Neighbours A B
water table
(aquifer)

18. Ground Water Interference-2
Neighbours
New High-
Capacity Well A B
water table
(aquifer)

19. Ground Water Interference-3
Neighbours
Turn on Well A B
(original water table)
pumping water table/
“drawdown cone”
Loss of supply
No Loss of supply
(aquifer)

20. Surface Water Interference-1
Reasonable withdrawal
(no unacceptable impact
to existing users or natural
environment)

21. Surface Water Interference-2
Reasonable withdrawal
(no unacceptable impact
to existing users or natural
environment)
Pump 1

22. Surface Water Interference-3
Established withdrawal
can’t be met, because of
interference
Unreasonable withdrawal
(impacts existing users
and natural environment)
Pump 2
Pump 1

23. Obligations
New regulation requires all Permit Holders to monitor how much water is taken on daily basis
Must be reasonable prospect that water will be used in near future
Demonstration of water conservation measures through Best Management Practices (BMP)

24. Application Process (new, renew, amend)
New application form
Greater emphasis on pre-submission consultation
Apply to EAAB office in Toronto
New classification system
Cat. 2 or 3 and will require Qualified Professional (QP)
QP provides study to confirm that taking won’t cause unacceptable impacts
Fee now required for application
($750-$3000)
Conservation Schedule

25. Average Annual Flow Map (taking may be refused)
Water Taking Regulation (O. Reg. 387/04) section 5(3) explains this one:
PTTW Director can not issue a PTTW for new or expanded taking in the red area for water taking purposes cited in section 5(5):
Beverage manufacturing, including the manufacturing or production of bottled water or water in other containers.
Fruit or vegetable canning or pickling (not including wash water).
Ready-mix concrete manufacturing, not including concrete manufactured at a portable ready-mix concrete manufacturing facility.
Aggregate processing, if the aggregate and the water that is taken are incorporated into a product in the form of a slurry (not including wash water).
Product manufacturing or production, if, in the normal course of the manufacturing or production, more than a total of 50,000 litres of the water that is taken may be incorporated in a single day into the products being manufactured or produced.
NOTE TO PRESENTER(S):
This and the previous map are difficult to read – the point is to provide them for illustrative purposes. If you are presenting in a ‘red/orange’ zones, you should enhance this presentation to give more details about the Water Taking Regulation requirements. Indeed, while it is not clear how the ‘orange’ areas are relevant to the Regulation, which only refers to “high” not “medium” use watersheds, presenters should avoid engaging this distinction and to refer questions of this nature to Regional PTTW Coordinators (see names provided later).
If you are addressing one of the specified groups in 5(5), you should consider preparing a sector-specific presentation.

26. Summer Low Flow Map (taking may be excluded August 1 to September 11)
Comparatively, O. Reg. 387/04 section 5(4) explains this one, namely that timing restrictions may come into play.

27. What’s New?
Water Taking Charges for Industrial & Commercial Water Users (O. Reg. 450/07)
Interactive Water Use Mapping Tool
Surface Water & Hydrogeological (Groundwater) Studies Guidance Documents
Water Taking Reporting System
PTTW fee exemption for ‘conservation’ water taking (wetland & wildlife habitat projects)

28. Interactive Mapping Tool
Access via the Ministry’s PTTW site
Helps you determine the Tertiary Watershed and the Water Use Classification of a proposed Water Taking Permit location.
Can also be used to prepare a map to be submitted with a Permit application.

30. Summary Water use must be sustainable
PTTW protects environment and users, including you
New classification system and applications
Monitoring and reporting

31. Need Help?
You can contact the PTTW Coordinator’s for each Region by calling the following numbers:
Eastern Region West Central Region
Central Region Southwestern Region
Northern Region

32. Questions?