Water Management in Manitoba

Transcription

1 Water Management in Manitoba Presentation to WPAT November 2007 Presentation Outline History and Intent of The Water Rights Act Drainage Regulation Action Plan Licensing and enforcement of water control works (drainage) Known issues in study area Surface Water Management Planning History of Drainage Legislation 1880 Drainage Act - Province drained and developed land to gain title from Federal government 1894 Northwest Irrigation Act - first water rights legislation enacted by the Federal government 1895 Land Drainage Act - created a private, independent group to oversee drainage. Assessed works to landowners. History continued 1930 Water Rights Act - was created when responsibility for resources was transferred to the provinces Maintenance Districts formed - province paid 1/ Water Resources Administration Act Maintenance Districts folded and the province took over inter-municipal drains 1

2 History continued 1980 s Few new Provincial Waterways designated. Those accepted in this time largely excluded responsibility for crossings Water Rights Act re-written. Previous versions in 1954 and Water Rights Act amended to restore jurisdiction. The Water Rights Act The Water Rights Act proclaims all water as property of the crown The Act governs all use, diversion and control of water Manitoba Water Stewardship administers and enforces The Water Rights Act With respect to drainage, The Water Rights Act says Except as otherwise provided in this Act or the regulations, no person shall 3(1)(c) control water or construct, establish, operate or maintain any water control works unless he or she holds a valid and subsisting license to do so. The Purpose of The Water Rights Act is control potential negative impacts on... 2

3 The water resource and other resources Public and private property Receiving drainage works, natural waterways or waterbody Riparian interests 3

4 The agricultural land base community standards Drainage Regulation Action Plan Legislative change Creation of Water Control Works and Drainage Licensing section Staffing and training Communications Strategy Policy review Tracking progress toward goals Legislative change Passage of legislation governing water quality Water Protection Act January, 2006 Interest in improving enforcement of The Water Rights Act Water Rights Amendment Act June 2006 Regulation development under The Summary Convictions Act set fines 4

5 Water Protection Act Water Protection Act and drainage Water Management Zones replaced with soil type based development Regulations under development following extensive consultation process Regulations and incentives Effects how land drainage is evaluated Water Protection Act takes precedence Crown is bound Consideration must be given to aquatic ecology The Water Rights Amendment Act changes Designation of Officers Additional method of service for orders Reaffirms right to enter lands Warrant for seizure of evidence Time limit for prosecution Protection from liability Ministerial Orders not stayed by appeal Summary Convictions Act regulation Introduction of set fines for offenses under The Water Rights Act Fines ranging from $155 to $2030 per act Enables use of Common Offense Notice (CON) 5

6 Changes within Manitoba Water Stewardship Water Control Works & Drainage Licensing Section Transfer of Infrastructure responsibilities to Manitoba Infrastructure and Transportation Increasing focus on enforcement and licensing through creation of provincial section Program delivery includes: Licensing and enforcement of drainage under The Water Rights Act Responding to enquiries and complaints Participation in Integrated Watershed Management Planning Uniform process province-wide Existing positions DEPARTMENT OF WATER STEWARDSHIP Water Control Works & Drainage Licensing Perry Stonehous e A/Man ager, Water Contr olworks & Dra inag e Licensing NEW 2007/08 TBD 12 (A) Regular = 24 Focus on Enforcement and Licensing TB 9A #25 ap proved V ACANT ( temp) Special Projects Officer 2007/08 estimat es WA 093 / XO4 Stone wall V ACANT GIS Oper ator WA 109 / DM3 Stone wall Geoff Reimer Senior Water Resou rce Officer WA 091 / TE2 Morri s Floodway Dave B uhler Rose K apty Water Resources Officer Water Resour ces Of ficer WA 354 / T E1 WA 35 3 / TE 1 Gimli Gimli Wendy Lewick (EA4) Jim McMah on Water Resources Officer Water Resour ces Of ficer WA 500 / T E1 WA 50 1 / TE 1 St. Laurent Arborg VA CANT K en St adnek Water Resources Officer Water Resour ces Of ficer NEW 2007/08 req. TE1 WA 11 3 / TE 1 Grosse Isle A rborg Wayn e Henderson V ACA NT Water Resources Officer Water Resour ces Of ficer WA 111 / T E1 NEW 2007/08 req. TE1 Ste. Anne VA CANT Water Resources Officer NEW 2007/08 req. TE1 Brandon Tara Wiess GIS Op erator WA 355 / DM3 Brandon V ACANT S enio r Water Resource Officer NEW 2007/08 req. TE2 Brandon Dauphin Rick P emkowski Jason Tomski Water Resources Off icer Water Re sources Officer WA 094 / TE 1 WA 097 / TE1 Brandon Swan Ri ver Jackie Dixon VA CA NT Water Resources Off icer Water Re sources Officer WA 089 / TE 1 NEW 2007/08 r eq. TE1 Brandon Neepaw a E d MacK ay VA CA NT Water Resources Off icer Water Re sources Officer WA 110 / TE1 NEW 2007/08 r eq. TE1 Dauphin De lorai ne V ACANT Tim S peers Water Resources Off icer Water Re sources Officer NEW 2007/0 8 req. TE1 WA 114 / TE1 Shoal Lake B ob Bru dy Water Re sources Officer WA 112 / TE Additional staff: To eliminate license application backlog To improve license turnaround time To check existing license for compliance with conditions To improve effectiveness of enforcement To expand partnerships with Conservation Districts 6

7 Communication and Education Press releases, pamphlet, information on website Presentations to municipalities, Municipal Board, Ag Days, AMM, drainage contractors, etc Enforcement training for appointed officers Continue to provide information on license application process Policy Overview Policy regarding Dam licensing Reviewed by Water Resources Officers with assistance from department engineers/hydrologists as necessary Must include decommissioning plan Water use dams also licensed Policy overview (cont d) Policy Overview (cont d) Underlying philosophies: Greater efficiency, effectiveness, consistency Seeking compliance with the act Enforcement Underlying philosophy seeking compliance Use of CON s/ministerial Orders outlined 7

8 Policy Overview (cont d) License application protocol Consistent approach across the province Decision on outcome of license can be based, in part, on purpose of the project Policy overview (cont d) Licensing No drainage of semi-permanent or permanent wetlands No drainage across watershed boundaries Provisional authorizations September 1 st cutoff Maintenance exemption Changes as a result of Water Protection Act Licensing Water Control Works Factors considered when licensing: availability of adequate outlet amount of water being drained valid objections controls on the speed of flow soil erodeability slope of the land potential impact on water resource and other resources, public and private property, riparian interests, receiving water body or watercourse, agricultural land base, community standards 8

9 Does minor work (maintenance) require a license? Maintenance is Presently not exempted under The Water Rights Act enforcement discretionary Excavation of up to 12 of topsoil (no mineral soil) Maintenance works should not cause recognizable impacts Maintenance works should not impact semi- permanent or permanent wetlands Communication is key Study Area Issues Study Area Issues Flooding of the Town of Strathclair Salt Lakes Saskatchewan Drainage DU project decommissioning Six Mile slough Lack of Surface Water Management Plan/Land Use Management Plan 9

10 Surface Water Management Plan What is it? Should it be part of IWMP? What information is necessary to undertake a SWMP? Thank you for your attention! Questions???? 10