Fixing a century-old system: why modernizing the Water Act matters

As the tinder-dry B.C. Interior fights forest fires and the Peace region faces the worst drought in 20 years, one thing becomes increasingly clear: water, or the lack of it, will shape B.C.’s future.

What else becomes clear is that B.C.’s water allocation system desperately needs modernizing — it hasn’t changed significantly since the original Water Act was passed in 1909. And the system that worked well when the main goal was settling the West is no longer working now that the pressures on our lakes, rivers and groundwater have escalated dramatically.

Called “first in time, first in right,” B.C.’s current approach to water allocation creates a system of winners and losers, in which earlier licensees, based on time of issue, are allowed to take their full allocation of water even if later licensees and the environment will be forced to go without during times of drought or water scarcity. No consideration is given to who may need the water most, such as people instead of factories, or whether the prior allocation decisions are fair given the current pressures on water in B.C.

That means that while residents of Dawson Creek are faced with water restrictions this summer as rivers reach record lows, the oil and gas industry is allowed to continue to draw water from all but the four river basins that have been closed to water withdrawals. Meanwhile, the entire region is suffering from a severe drought.

When you couple this pressure posed by increased gas development with climate change impacts (more severe droughts and more forest fires are just the beginning) and population growth, the need for changes to the way B.C. manages its water is clear.

Thankfully, a new system is now possible through the B.C. government’s proposed Water Act Modernization. The Pembina Institute and Forest Ethics made a number of recommendations for reform to address these emerging challenges.

Perhaps one of the biggest new threats comes from shale and tight gas development – a form of unconventional gas extraction that requires large volumes of freshwater.

To break open, or fracture, rock formations that contain gas, a new drilling technique called hydraulic fracturing is used. Large volumes of freshwater (up to 90,000 cubic metres per well – the equivalent of 36 Olympic swimming pools), are combined with chemicals to create toxic underground explosions that will release the gas from the rock. Last year alone, 340,000 cubic metres, or 16 per cent, of the Dawson Creek potable water supply was used by the oil and gas industry. This freshwater then becomes contaminated, and is removed from the water cycle permanently.

Add to this the pressure of climate change, which is expected to alter our precipitation, snowpack and spring melting patterns. A B.C. Ministry of Environment survey on last winter’s snow pack indicated significant potential for low stream flows and water shortages this summer. Now, that reality is being seen most acutely in the province’s northeast where many rivers have reached record lows. Rivers across the province, including the Liard, the Skeena, the Bulkley and the Fraser, are at 10- to 20-year lows.

The architects of the 1909 Water Act never envisioned such demands and threats to our water. Compared to other jurisdictions, B.C.’s water laws are ill-equipped to address today’s water issues. In Alberta, households have the highest priority of access to groundwater supplies. South Africa has entrenched protection of water for basic human and ecosystem needs above all others (including agriculture) in its constitution. In Australia’s Murray-Darling basin, the government is investing billions to buy back water entitlements for the protection of environmental flows.

There are four key areas in which B.C. needs to improve its water management:

1. Reform the water allocation system.
2. Protect environmental base flows.
3. Regulate groundwater consistently and rigorously across all sectors.
4. Ensure public and local community participation in the development and ownership of watershed plans or water allocation plans.

The Water Act Modernization is an opportunity to deal with the pressures that weren’t envisioned 100 years ago. And opportunities like this don’t come along every day.The B.C. government is considering how to modernize the Water Act right now. Sign the petition now to call on them to manage water in a smarter way that will meet the challenges of the next 100 years.

By Matt Horne, Pembina Institute