A critical analysis of the water legislation of the province of British Columbia
Creators: name: Shelley, Melvin Jack
Publisher: name: University of British Columbia
Year: 2012

description: Water is a key natural resource in our way of life. Without water such miracles of human achievement as the building of great cities and the spanning of the continent with railroads and automobile highways would not have been possible. Such a key natural resource must be protected and controlled by adequate legislation which will prevent its waste, undue consumption, misuse or contamination. With this view in mind the writer has critically analysed the legislation governing water distribution and sewage-disposal control in British Columbia by comparing it with that in other provinces, the United States of America, and Italy. To achieve this critical analysis, the writer has used two excellent references on which to base his recommendations in the form of desirable principles for the existing British Columbia water legislation. These two references are entitled, "Desirable Principles of State Water Legislation," and "Suggested State Water Pollution Control Act," and are published by the National Reclamation Association and the United States Public Health Service, respectively. As a result of the critical analysis of the existing British Columbia water supply and distribution legislation, it is felt that the British Columbia Act Respecting the Diversion and Use of Water has both sound legislative foundations and administrative procedure, and is far superior to any of the similar pieces of legislation of the other provinces in Canada. The writer also feels that the Act ranks high in comparison with the water acts of comparable western states in the United States. However, there are certain recommendations for improvement that have been made for the British Columbia water supply and distribution legislation. Briefly, these are as follows: 1. That some provision be made for the acquiring, controlling, and exercising of rights to the use of ground waters, including both definite underground streams and percolating waters. 2. That some provision be made for an appropriator to have the opportunity of recapturing and re-using return water which results from his development when he is diligent and uses foresight in his attempt not to infringe upon preexisting rights. 3. That some provision be made for the appropriation of salvaged water and developed water in preparation for any foreseeable shortage of our natural water resources. 4. That some provision be made for the rotation in use of water in the event of an unexpected shortage of water for domestic or other purposes. 5. That some provision be made for the exchange of water so that appropriators may exchange water with one another so long as the rights of others are not impaired with respect to either quantity or quality of the water, and so bring about a more effective utilization of water by appropriators who are already entitled to divert under terms of their separate appropriative rights. 6. That some provision be made for the appropriation of interprovincial waters with the use of a doctrine of reciprocity. As a result of the critical analysis of the existing British Columbia water-pollution control legislation, it is felt that, in the past, the authority has been divided among several agencies, a situation which gave rise to lax control and a lack of coordination. However, the recently-passed Act (March 1956) to Control the Pollution of Waters of the Province is an excellent beginning of effective, coordinated control. It is difficult to compare this Act with those in other provinces or in the United States because of its recent enactment. Briefly, the writer would suggest the following recommendations: 1. That some definite and exact classification be adopted in setting the quality standards of beneficial uses for receiving waters, and that these standards be inserted in the Pollution-control Act. 2. That the beneficial uses of the receiving water be evaluated, and that discharges into the receiving water be controlled so as to protect as many of the benefits as possible. 3. That some provision be made for setting up regional boards, in whose hands will be the primary control. 4. That the Provincial Pollution-control Board be given power to hold an inquiry, and for that purpose it be given all the powers and jurisdiction of a Justice of the Peace under the "Summary Convictions Act." 5. That the Board be given the power to require the keeping of records and making of reports, and to enter on property at reasonable times for purposes of inspection and investigation. 6. That one member of the Board be experienced in the field of municipal government and one be experienced in the field of industrial activities.