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Water Management in Water Management in

ManitobaManitoba

Presentation to WPATPresentation to WPAT

November 2007November 2007

Presentation OutlinePresentation Outline

��History and Intent of The Water Rights ActHistory and Intent of The Water Rights Act

��Drainage Regulation Action PlanDrainage Regulation Action Plan

�� Licensing and enforcement of water Licensing and enforcement of water control works (drainage)control works (drainage)

�� Known issues in study areaKnown issues in study area

�� Surface Water Management PlanningSurface Water Management Planning

History of Drainage LegislationHistory of Drainage Legislation

�� 1880 Drainage Act 1880 Drainage Act -- Province drained and Province drained and developed land to gain title from Federal developed land to gain title from Federal government government

�� 1894 Northwest Irrigation Act 1894 Northwest Irrigation Act -- first “water first “water rights” legislation enacted by the Federal rights” legislation enacted by the Federal governmentgovernment

�� 1895 Land Drainage Act 1895 Land Drainage Act -- created a private, created a private, independent group to oversee drainage. independent group to oversee drainage. Assessed works to landowners.Assessed works to landowners.

History…continuedHistory…continued

�1930 Water Rights Act - was created when responsibility for resources was transferred to the provinces.

�1936 Maintenance Districts formed - province paid 1/3

�1965 Water Resources Administration Act –Maintenance Districts folded and the province took over inter-municipal drains

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History…continuedHistory…continued

��1980’s Few new Provincial Waterways 1980’s Few new Provincial Waterways designated. Those accepted in this time largely designated. Those accepted in this time largely excluded responsibilityexcluded responsibility for crossings.for crossings.

��1987 Water Rights Act re1987 Water Rights Act re--written. Previous written. Previous versions inversions in 1954 and 1972.1954 and 1972.

��2000 Water Rights Act amended to restore 2000 Water Rights Act amended to restore jurisdiction.jurisdiction.

The Water Rights ActThe Water Rights Act

��The Water Rights Act proclaims all water The Water Rights Act proclaims all water as property of the crownas property of the crown

��The Act governs all use, diversion and The Act governs all use, diversion and control of watercontrol of water

��Manitoba Water Stewardship administers Manitoba Water Stewardship administers and enforces The Water Rights Actand enforces The Water Rights Act

Except as otherwise provided in this Act Except as otherwise provided in this Act or the regulations, no person shallor the regulations, no person shall

3(1)(c) control water or construct, 3(1)(c) control water or construct, establish, operate or maintain any water establish, operate or maintain any water control works unless he or she holds a control works unless he or she holds a valid and subsisting license to do so. valid and subsisting license to do so.

With respect to drainage, The With respect to drainage, The

Water Rights Act says…Water Rights Act says…

The Purpose of The Water Rights The Purpose of The Water Rights Act is control potential negative Act is control potential negative

impacts on...impacts on...

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The water resource and other resources

Public and private property

Riparian interests

Receiving drainage works, natural waterways

or waterbody

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The agricultural land base

community standards

Drainage Regulation Action PlanDrainage Regulation Action Plan

�� Legislative changeLegislative change

��Creation of Water Control Works and Creation of Water Control Works and Drainage Licensing sectionDrainage Licensing section

�� Staffing and trainingStaffing and training

��Communications StrategyCommunications Strategy

�� Policy review Policy review

�� Tracking progress toward goalsTracking progress toward goals

Legislative changeLegislative change

�� Passage of legislation governing water Passage of legislation governing water quality quality ––Water Protection ActWater Protection Act –– January, January, 20062006

�� Interest in improving enforcement of Interest in improving enforcement of The The Water Rights Act Water Rights Act –– Water Rights Water Rights Amendment ActAmendment Act –– June 2006June 2006

��Regulation development under Regulation development under The The Summary Convictions Act Summary Convictions Act –– set finesset fines

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Water Protection ActWater Protection Act

��Water Management Zones replaced with Water Management Zones replaced with soil type based developmentsoil type based development

��Regulations under development following Regulations under development following extensive consultation processextensive consultation process

��Regulations and incentivesRegulations and incentives

�� Effects how land drainage is evaluatedEffects how land drainage is evaluated

Water Protection ActWater Protection Act

and drainageand drainage

��Water Protection ActWater Protection Act takes precedencetakes precedence

��Crown is boundCrown is bound

��Consideration must be given to aquatic Consideration must be given to aquatic ecologyecology

The Water Rights Amendment ActThe Water Rights Amendment Actchangeschanges

��Designation of OfficersDesignation of Officers

�� Additional method of service for ordersAdditional method of service for orders

��Reaffirms right to enter landsReaffirms right to enter lands

��Warrant for seizure of evidenceWarrant for seizure of evidence

�� Time limit for prosecutionTime limit for prosecution

�� Protection from liabilityProtection from liability

��Ministerial Orders not stayed by appealMinisterial Orders not stayed by appeal

Summary Convictions Act Summary Convictions Act regulationregulation

�� Introduction of set fines for offenses under Introduction of set fines for offenses under The Water Rights ActThe Water Rights Act

�� Fines ranging from $155 to $2030 per actFines ranging from $155 to $2030 per act

�� Enables use of Common Offense Notice Enables use of Common Offense Notice (CON)(CON)

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Changes within Manitoba Water Changes within Manitoba Water StewardshipStewardship

�� Transfer of Infrastructure responsibilities to Transfer of Infrastructure responsibilities to Manitoba Infrastructure and TransportationManitoba Infrastructure and Transportation

�� Increasing focus on enforcement and Increasing focus on enforcement and licensing through creation of provincial licensing through creation of provincial sectionsection

Water Control Works & Drainage Water Control Works & Drainage Licensing SectionLicensing Section

�� Program delivery includes:Program delivery includes:�� Licensing and enforcement of Licensing and enforcement of drainage under The Water Rights drainage under The Water Rights ActAct

�� Responding to enquiries and Responding to enquiries and complaintscomplaints

�� Participation in Integrated Participation in Integrated Watershed Management PlanningWatershed Management Planning

�� Uniform process provinceUniform process province--widewide

DEPARTMENT OF WATER STEWARDSHIP

Water Control Works & Drainage Licensing

Perry S tonehous e

A/Man ager, Water Contr ol Works& Dra inag e Licensing NEW 2007/08 T BD

Geoff ReimerSenior Water Resou rce Officer

WA 091 / 50022 779 TE2

VACANTSenio r Water Resource Officer

NEW 2007/08 req. T E2

VACANT ( temp)Special Projects Officer

WA 093 / 5002 2881 XO4

Tara W iessGIS Op erator

WA 355 / 50 039235 DM3

VACANT

GIS Oper atorWA 109 / 5007 0092 DM3

Dave Buhler

Water Resources OfficerWA 354 / 50 042277 T E1

Rose Kapty

Water Resour ces Of ficerWA 35 3 / 500245 89 TE1

Wendy Lewick (EA4)Water Resources Officer

WA 500 / 50 045738 T E1

Jim McMah onWater Resour ces Of ficer

WA 50 1 / 500466 26 TE1

VACANT

Water Resources OfficerNEW 2007/08 req. T E1

Ken St adnek

Water Resour ces Of ficerWA 11 3 / 500700 96 TE1

Wayn e HendersonWater Resources Officer

WA 111 / 50 070094 T E1

VACANTWater Resour ces Of ficer

NEW 2007/08 req. T E1

Rick Pemkowski

Water Resources Off icerWA 094 / 50024330 TE1

Jason Tomski

Water Re sources OfficerWA 097 / 50024 600 TE1

Jackie DixonWater Resources Off icer

WA 089 / 50038291 TE1

VACANTWater Re sources Officer

NEW 2007/08 r eq. TE1

Ed MacKay

Water Resources Off icerWA 110 / 50070 093 T E1

VACANT

Water Re sources OfficerNEW 2007/08 r eq. TE1

VACANTWater Resources Off icer

NEW 2007/0 8 req. T E1

Tim SpeersWater Re sources Officer

WA 114 / 50070097 TE1

Morri s

VACANT

Water Resources OfficerNEW 2007/08 req. T E1

Grosse Isle

Bob Bru dy

Water Re sources Officer WA 112 / 50070095 TE1

Brandon

StonewallBrandon

Floodway

Gimli Gimli

St. Laurent Arborg

A rborg

Brandon Dauphin

Brandon

Brandon

Dauphin

Swan Ri ver

Neepawa

De lorai ne

Ste . Anne Shoal Lake

12 (A)Regula r = 24

07-06-05

Stonewall

Existing positions

TB 9A-2 007-#25 ap proved

2007/08 estimat es

Focus on Enforcement and Focus on Enforcement and LicensingLicensing

�� Additional staff:Additional staff:

�� To eliminate license application backlogTo eliminate license application backlog

�� To improve license turnaround timeTo improve license turnaround time

�� To check existing license for compliance with To check existing license for compliance with conditions conditions

�� To improve effectiveness of enforcementTo improve effectiveness of enforcement

�� To expand partnerships with Conservation To expand partnerships with Conservation DistrictsDistricts

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Communication and EducationCommunication and Education

�� Press releases, pamphlet, information on Press releases, pamphlet, information on websitewebsite

�� Presentations to municipalities, Municipal Presentations to municipalities, Municipal Board, Ag Days, AMM, drainage Board, Ag Days, AMM, drainage contractors, etccontractors, etc

�� Enforcement training for appointed officersEnforcement training for appointed officers

��Continue to provide information on license Continue to provide information on license application processapplication process

Policy OverviewPolicy Overview

�� Policy regarding Dam licensingPolicy regarding Dam licensing

�� Reviewed by Water Resources Officers with Reviewed by Water Resources Officers with assistance from department assistance from department engineers/hydrologists as necessaryengineers/hydrologists as necessary

�� Must include decommissioning planMust include decommissioning plan

�� Water use dams also licensedWater use dams also licensed

Policy overview (cont’d)Policy overview (cont’d)

�� Underlying philosophies:Underlying philosophies:•• Greater efficiency, effectiveness, consistencyGreater efficiency, effectiveness, consistency

•• Seeking compliance with the actSeeking compliance with the act

Policy Overview (cont’d)Policy Overview (cont’d)

�� EnforcementEnforcement

�� Underlying philosophy Underlying philosophy –– seeking complianceseeking compliance

�� Use of CON’s/Ministerial Orders outlinedUse of CON’s/Ministerial Orders outlined

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Policy Overview (cont’d)Policy Overview (cont’d)

�� License application protocolLicense application protocol

�� Consistent approach across the provinceConsistent approach across the province

�� Decision on outcome of license can be based, Decision on outcome of license can be based, in part, on purpose of the projectin part, on purpose of the project

Policy overview (cont’d)Policy overview (cont’d)

�� LicensingLicensing

�� No drainage of semiNo drainage of semi--permanent or permanent permanent or permanent wetlandswetlands

�� No drainage across watershed boundariesNo drainage across watershed boundaries

�� Provisional authorizationsProvisional authorizations

�� September 1September 1stst cutoffcutoff

�� Maintenance ‘exemption’Maintenance ‘exemption’

�� Changes as a result of Water Protection ActChanges as a result of Water Protection Act

Licensing Water Control WorksLicensing Water Control Works Factors considered when licensing:Factors considered when licensing:

��availability of adequate outletavailability of adequate outlet

��amount of water being drained amount of water being drained

��valid objectionsvalid objections

��controls on the speed of flowcontrols on the speed of flow

��soil erodeabilitysoil erodeability

��slope of the landslope of the land

��potential impact on water resource and other potential impact on water resource and other resources, public and private property, riparian resources, public and private property, riparian interests, receiving water body or watercourse, interests, receiving water body or watercourse, agricultural land base, community standardsagricultural land base, community standards

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Does minor work (maintenance) Does minor work (maintenance) require a license?require a license?

Maintenance is…Maintenance is…

�� Presently not exempted under The Water Presently not exempted under The Water Rights Act Rights Act –– enforcement discretionaryenforcement discretionary

�� Excavation of up to 12” of topsoil (no mineral Excavation of up to 12” of topsoil (no mineral soil)soil)

�� Maintenance works should not cause Maintenance works should not cause recognizable impactsrecognizable impacts

�� Maintenance works should not impact semiMaintenance works should not impact semi--permanent or permanent wetlandspermanent or permanent wetlands

�� Communication is keyCommunication is key

Study Area IssuesStudy Area Issues Study Area IssuesStudy Area Issues

�� Flooding of the Town of StrathclairFlooding of the Town of Strathclair

�� Salt LakesSalt Lakes

�� Saskatchewan DrainageSaskatchewan Drainage

��DU project decommissioningDU project decommissioning

�� Six Mile sloughSix Mile slough

�� Lack of Surface Water Management Lack of Surface Water Management Plan/Land Use Management PlanPlan/Land Use Management Plan

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Surface Water Management PlanSurface Water Management Plan

��What is it?What is it?

�� Should it be part of IWMP?Should it be part of IWMP?

��What information is necessary to What information is necessary to undertake a SWMP?undertake a SWMP?

Thank you for your attention!Thank you for your attention!

Questions????Questions????