WATER ACT

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Copyright =A9 2003: = Queen's=20 Printer, Victoria, British Columbia, Canada	IMPORTANT=20 INFORMATION

WATER ACT

[RSBC 1996] CHAPTER 483

*Contents*
Section
	1	Def= initions
	2	Vesting water in government
	3	Application of Act to ground = water
	4	Prohibition
	5	Rights acquired under licences
	6	Rights subject to Act
	7	Who may acquire licences
	8	Short term use of water
	9	Changes in and about a stream
	10	Procedure to acquire licences
	11	Objections to applications
	12	Powers of comptroller or regional water manager = respecting=20 applications
	12.1	Quick licensing procedures
	13	Purpose, precedence and appurtenancy of=20 licences
	14	Issue of final licences
	15	Precedence of licences on same = stream
	16	Transfer of licence, approval or = permit
	17	Licence or permit as evidence
	18	Amendment and substitution of licence or=20 approval
	19	Transfer of appurtenancy
	20	Apportionment of rights under = licence
	21	Rights and responsibilities under licence or=20 approval
	22	Records
	22.01	Beneficial use declaration
	23	Suspension and cancellation of rights and=20 licences
	24	Abandonment of rights under a = licence
	25	Liability of owner for damage = remains
	26	Permits over Crown land
	27	Licensee's right to expropriate = land
	28	Licensee's rights when owner refuses=20 compensation
	29	Owner to give notice before interfering with=20 works
	30	Entry on land in case of urgency
	31	Power to summon witnesses
	32	Right of access to land and premises by authorized=20 persons
	33	Joint use of works may be = ordered
	34	Power to authorize extension of rights under a=20 licence
	35	Appointment of water bailiffs
	36	Powers of comptroller and regional water=20 manager
	37	Power of comptroller if = disobeyed
	38	Power to amend or revoke order
	39	Powers of engineers and officers
	40	Appeals to Environmental Appeal = Board
	41	Offences
	41.1	Creativ= e=20 sentencing
	41.2	Variati= on=20 of section 41.1 orders
	42	Right to use unrecorded water
	43	Setting tolls
	44	Reservation of water
	44.1	Nisga'a water reservation
	45	Power to establish tariff of fees and = rentals
	46	Power to make regulations
	47	Claims against improvement districts are to be=20 arbitrated
	48	Protection of officers
	49	Restriction on proceedings
	50	Issue of new licence
	51	Incorporation of water users' = communities
	52	Power of water users' community
	53	Manager
	54	Interests of members defined
	55	Voting at meetings
	56	Power of manager to assess = members
	57	Appeals from assessments
	58	Assessments binding
	59	Liability for assessments
	60	Meetings of members
	61	Amendment, recall or reissue of certificate or = dissolution of water=20 users' community

Definitions

1 In this Act:

"appeal board" means the Environmental = Appeal Board=20 established under the Environment Management Act;

"approval" means an approval of the = comptroller,=20 regional water manager or engineer under section 8 or 9;

"changes in and about a stream" means

(a) any modification to the nature of a stream = including=20 the land, vegetation, natural environment or flow of water within a = stream,=20 or

(b) any activity or construction within the = stream channel=20 that has or may have an impact on a stream;

"comptroller" means a person employed by = the=20 government or a government corporation and designated in writing by the = minister=20 as the Comptroller of Water Rights and includes any persons designated = in=20 writing by the minister as acting, deputy or assistant comptrollers;

"conditional licence" means a licence = that=20 authorizes the construction of works or the diversion and use of water = before=20 the issue of a final licence;

"conservation purpose" means the use and = storage of=20 water or the construction of works in and about streams for the purpose = of=20 conserving fish or wildlife;

"conveying purpose" means the carriage of = water for=20 licensees authorized to divert, extract, use or store that water;

"Crown land" means land the fee of which = is in the=20 government;

"development district" includes a = district within=20 the meaning of the Drainage, Ditch and Dike Act, and every other=20 drainage, diking or development district incorporated before January 1, = 1965 by=20 or under a statute other than the Water Act;

"divert", or a word of similar import, = means taking=20 water from a stream and includes causing water to leave the channel of a = stream=20 and making a change in or about the channel that permits water to leave = it;

"domestic purpose" means the use of water = for=20 household requirements, sanitation and fire prevention, the watering of = domestic=20 animals and poultry and the irrigation of a garden not exceeding 1 012=20 m² adjoining and occupied with a dwelling house;

"engineer" means a professional engineer = employed=20 by the government or a government corporation and designated in writing = by the=20 comptroller as an engineer and includes a regional water manager;

"final licence" means a licence that = authorizes the=20 diversion and use of water, and does not authorize the construction of=20 additional works or an extension of the use of water;

"former Act" means any Act of British = Columbia,=20 passed before October 31, 1939, containing provisions respecting the = diversion=20 and use of water;

"government corporation" means government = corporation as defined in the Financial Administration Act;

"ground water" means water below the = surface of the=20 ground;

"hydraulicking purpose" means the use of = the water=20 under head to move earth, sand, gravel or rock, except when the moving = is done=20 or proposed to be done in order to get mineral from it;

"improvement district" means, as the = context=20 requires, either the public corporate body or the tract of land = incorporated=20 under the Local Government Act and includes an improvement = district=20 constituted under a former Act;

"industrial purpose" means any use of = water in=20 British Columbia designated by regulation as a use for industrial = purpose, but=20 does not include

(a) the use of water for any of the other = purposes defined=20 in this section, or

(b) the carriage or supply by a person of water = to or for=20 use by any other person;

"irrigation purpose" means the beneficial = use of=20 water on cultivated land and hay meadows to nourish crops;

"land improvement purpose" means the = diversion or=20 impounding of water to protect property, to facilitate the development = of a park=20 or the reclamation, drainage or other improvement of land or to carry = out a=20 project of a similar nature;

"licence" means a licence issued under = this or a=20 former Act;

"licensee" and "holder of a licence" = mean an=20 owner of any land, mine or undertaking with respect to which a licence = is issued=20 under this or a former Act;

"mine" includes a placer or mineral claim = or land=20 held or occupied under the mining laws of British Columbia for the = purpose of=20 winning a mineral from it, whether held in fee simple or by virtue of a = record,=20 lease, licence or application;

"mineral" includes a precious or base = metal and=20 coal;

"mineral trading purpose" means bottling, = distributing, using and dealing in water so impregnated with foreign = ingredient=20 as to give it medicinal properties, or water of a temperature that gives = it a=20 commercial value;

"mining purpose" means the use of water = for=20 recovering mineral from the ground or from ore;

"municipality" includes a regional = district=20 incorporated under the Local Government Act;

"natural boundary" has the same meaning = as in=20 the Land Act;

"obligation" includes a requirement, = restriction,=20 limitation, condition and duty;

"officer" means

(a) a person or class of persons employed by the = government or a government corporation and designated in writing by the=20 comptroller as an officer, or

(b) a conservation officer defined in section 1 = (1) of the=20 Environment Management Act;

"order" includes a decision or direction, = whether=20 given in writing or otherwise;

"owner" means a person entitled to = possession of=20 any land, mine or undertaking in British Columbia, and includes a person = who has=20 a substantial interest in the land, mine or undertaking;

"permit" means an authority to flood = Crown land or=20 to construct, maintain or operate works on Crown land;

"person" includes a firm, association or=20 syndicate;

"power purpose" means the use of water in = the=20 production of electricity or other power;

"regional water manager" means a person = employed by=20 the government or a government corporation and designated in writing by = the=20 minister as a regional water manager and includes a person designated in = writing=20 by the minister as an acting or assistant regional water manager;

"registrar" means the registrar under the = Land=20 Title Act for the land title district in which the land affected is=20 located;

"regulate" includes allow, commence, = stop, limit,=20 open, shut and prohibit;

"right" includes power, authority, = benefit,=20 privilege and remedy;

"river improvement purpose" means = clearing and=20 improving the bed, channel and banks of a stream to facilitate the = driving and=20 booming of timber;

"serve", and words of similar import, = include=20 deliver to or send to by registered mail;

"storage" or "storage purpose" = means the=20 collection, impounding and conservation of water;

"store", in relation to water, means = collect,=20 impound and conserve;

"stream" includes a natural watercourse = or source=20 of water supply, whether usually containing water or not, ground water, = and a=20 lake, river, creek, spring, ravine, swamp and gulch;

"stream channel" means the bed of a = stream and the=20 banks of a stream, whether above or below the natural boundary and = whether=20 usually containing water or not, including all side channels;

"toll" means a fee, charge, rate or = rental set,=20 demanded or charged by a municipality, improvement district or = development=20 district for a service rendered or made available to any extent by means = of=20 works for storing, conveying or distributing water, electricity, garbage = or=20 sewage, or for extinguishing fire, and includes a charge for the use or = benefit=20 of works constructed under authority of a licence for river improvement = purpose=20 or for a service rendered or made available by the holder of that = licence;

"undertaking", in relation to an = application or=20 licence, means a project for the diversion, carriage, use and sale of = water or=20 power produced from water the use of which is referred to in the = application or=20 licence, and includes all land and other property acquired or to be = acquired in=20 connection with the project, and the general scheme for the acquisition, = maintenance and operation of the works;

"unrecorded water" means water the right = to the use=20 of which is not held under a licence or under a special or private = Act;

"water users' community" means any public = corporate=20 body incorporated under section 51, and includes a water users' = community formed=20 under a former Act;

"waterworks purpose" means the carriage = or supply=20 of water by a municipality, improvement district, development district = or person=20 for the use of the residents of an area in British Columbia;

"works" means

(a) anything capable of or used for

(i) diverting, storing, measuring, conserving, = conveying,=20 retarding, confining or using water,

(ii) producing, measuring, transmitting or using = electricity, or

(iii) collecting, conveying or disposing of = sewage or=20 garbage or preventing or extinguishing fires,

(b) booms and piles placed in a stream,

(d) changes in and about a stream,

and includes access roads to any of them.

Vesting water in = government

2 (1) The property in and the right to = the use and=20 flow of all the water at any time in a stream in British Columbia are = for all=20 purposes vested in the government, except only in so far as private = rights have=20 been established under licences issued or approvals given under this or = a former=20 Act.

(2) No right to divert or use water may be = acquired by=20 prescription.

Application of Act to = ground=20 water

3 The Lieutenant Governor in Council may, = by=20 regulation, fix a day on which this Act begins to apply to ground water = in a=20 part of British Columbia the Lieutenant Governor in Council = designates.

Prohibition

4 Except for a purpose defined in section = 1 of this=20 Act, a person who is not registered under the Water Protection = Act must=20 not divert, extract, use or store any water from a stream.

Rights acquired under = licences

5 A licence entitles its holder to do the = following=20 in a manner provided in the licence:

(a) divert and use beneficially, for the purpose = and=20 during or within the time stipulated, the quantity of water specified in = the=20 licence;

(b) store water;

(c) construct, maintain and operate the works = authorized=20 under the licence and necessary for the proper diversion, storage, = carriage,=20 distribution and use of the water or the power produced from it;

(d) alter or improve a stream or channel for any = purpose;

(e) construct fences, screens and fish or game = guards=20 across streams for the purpose of conserving fish or wildlife.

Rights subject to = Act

6 The exercise of every right held under = a licence=20 is always subject to this Act and the regulations, the terms of the = licence, the=20 orders of the comptroller and the engineer and the rights of all = licensees whose=20 rights have precedence.

Who may acquire = licences

7 A licence for any one, 2 or 3 of the = purposes=20 defined in section 1 may be issued by the comptroller or the regional = water=20 manager to any of the following:

(a) an owner of land or a mine;

(b) a holder of a certificate of convenience and = necessity=20 issued under the Public Utilities Act, R.S.B.C. 1960, c. 323, or = under=20 the Water Utility Act;

(d) the Crown as represented by a minister = appointed by=20 the Governor General or the Lieutenant Governor;

(e) a commission, board or person having charge = of the=20 administration of any land, mine or other property owned or controlled = by a=20 ministry, department, branch or other subdivision of the government of = Canada or=20 of British Columbia;

(f) the Greater Vancouver Water District or the = Greater=20 Nanaimo Water District, or any other water district incorporated by an = Act of=20 the Legislature;

(g) the British Columbia Hydro and Power = Authority.

Short term use of = water

8 (1) If diversion or use of water is = required for=20 a term not exceeding 12 months, the comptroller or a regional water = manager may,=20 without issuing a licence, grant an approval in writing, approving the = diversion=20 or use, or both, of the water on the conditions the comptroller or = regional=20 water manager considers advisable, but the diversion or use, or both, = are=20 subject to the same provisions as if the approval were a licence.

(2) Even though a licence has not been issued, a = person is=20 not prohibited from diverting or using water in accordance with an = approval=20 given under this section.

Changes in and about a = stream

9 (1) The comptroller, a regional water = manager or=20 an engineer may grant an approval in writing authorizing on the = conditions he or=20 she considers advisable

(a) a person to make changes in and about a = stream,

(b) a minister of the Crown, either in right of = Canada or=20 of British Columbia, to make changes in and about a stream, or

(2) A minister or other person or a municipality = may only=20 make changes in and about a stream in accordance with an approval under = this=20 section or in accordance with the regulations or a licence or order = under this=20 Act.

Procedure to acquire = licences

10 A person who applies for a licence = must

(a) comply with any requirements established by=20 regulation,

(b) comply with the directions of the = comptroller or the=20 regional water manager with respect to filing the application, giving = notice of=20 it by posting, service or publication and paying the prescribed fees, = and

Objections to = applications

11 (1) A licensee, riparian owner or = applicant for=20 a licence who considers that his or her rights would be prejudiced by = the=20 granting of an application for a licence may, within the prescribed = time, file=20 an objection to the granting of the application.

(2) The comptroller or the regional water = manager has=20 authority to decide whether or not the objection warrants a hearing, and = he or=20 she must notify the objector of his or her decision.

(3) If the comptroller or the regional water = manager=20 decides to hold a hearing, the applicant and objectors are entitled to = be=20 notified, to be heard and to be notified of his or her decision = following the=20 hearing.

Powers of comptroller = or regional=20 water manager respecting applications

12 (1) With respect to an application, = whether=20 objections to it are filed or not, the comptroller or the regional water = manager=20 may

(a) refuse the application,

(b) amend the application in any respect,

(d) require additional plans or other = information,

(e) require the applicant to give security for = the=20 purposes and in the amount and form the comptroller or the regional = water=20 manager considers in the public interest, and

(f) issue to the applicant one or more = conditional or=20 final licences on the terms the comptroller or the regional water = manager=20 considers proper.

(2) In considering an application under = subsection (1)=20 that relates to the region as defined by the Columbia Basin Trust = Act,=20 the comptroller or the regional water manager must consider the = current long=20 term Columbia Basin Management Plan adopted for the Columbia Basin Trust = under=20 section 15 of that Act.

(3) With respect to an application for a = licence, the=20 comptroller or regional manager must determine, in accordance with = section 13,=20 the precedence and appurtenancy of any licence to be issued under the=20 application.

Quick licensing = procedures

12.1 (1) In this section:

"eligible application" means an = application, other=20 than an application in relation to an excluded stream, that complies = with any=20 requirements established by regulation and is

(a) an application for a licence, if

(i) the licence relates to

(A) a domestic purpose,

(B) an irrigation purpose or an industrial = purpose for=20 agricultural use, or

(ii) the proposed diversion or use of water to = be=20 authorized by the licence for a use or purpose referred to in = subparagraph (i)=20 does not exceed the maximum eligible quantity,

(b) an application for an amendment referred to = in section=20 18, if

(i) the licence is for a use or purpose referred = to in=20 paragraph (a) (i),

(ii) in the case of an amendment for a change in = purpose,=20 the proposed purpose is for a use or purpose referred to in paragraph = (a) (i),=20 and

(iii) the diversion or use of water authorized = by the=20 licence for a use or purpose referred to in paragraph (a) (i) does not = exceed=20 the maximum eligible quantity,

(i) in the case of an application in relation to = a licence=20 or approval, the licence or approval is for a use or purpose referred to = in=20 paragraph (a) (i),

(ii) in the case of an application in relation = to a=20 permit, the permit relates to a licence or approval that is for a use or = purpose=20 referred to in paragraph (a) (i), and

(iii) the total diversion or use of water = authorized to be=20 transferred does not exceed the maximum eligible quantity, or

(d) an application for an apportionment under = section 20,=20 if

(i) the current licence and the proposed = licences are for=20 a use or purpose referred to in paragraph (a) (i), and

(ii) the diversion or use of water authorized by = the=20 current licence for the use does not exceed the maximum eligible = quantity;

"excluded stream" means

(a) a stream that is designated as a sensitive = stream=20 under the Fish Protection Act, or

(b) a stream, or part of a stream, that is = designated as=20 an excluded stream by order under subsection (10) (b), including the = tributaries=20 of that stream or part unless otherwise expressly provided by the order; =

"maximum eligible quantity" means,

(a) in relation to a domestic purpose,

(i) if no other quantity is established under = subsection=20 (10) (c), 500 gallons per day, and

(ii) if another quantity is established, the = established=20 amount,

(b) in relation to an irrigation purpose or an = industrial=20 purpose for agricultural use,

(i) if no other quantity is established under = subsection=20 (10) (c),

(A) 2 500 gallons per day in the case of a = licence for=20 which the quantity authorized for the purpose is stated in terms of = gallons per=20 day, or

(B) 1 acre foot per year, in the case of a = licence for=20 which the quantity authorized for the purpose is stated in terms of acre = feet=20 per year, and

(ii) if another quantity is established, the = established=20 amount, and

(c) in relation to a use or purpose referred to = in=20 paragraph (a) (i) (C) of the definition of "eligible application", the = quantity=20 established under subsection (10) (c).

(2) Subject to subsections (4) and (5), an = eligible=20 application may be accepted for filing under this section, in which case =

(a) the application may be dealt with by a = person=20 authorized under subsection (6),

(b) the functions, duties and powers referred to = in=20 subsection (6) may be exercised in relation to the application, and

(c) the otherwise applicable requirements for = notice and=20 consideration of objections under sections 10, 11, 18, 19 and 20 do not = apply.=20

(3) Subsection (2) does not apply to restrict = the=20 authority under any other provision of this Act or the regulations to = give=20 directions with respect to an application.

(4) The applicant may request that an eligible = application=20 be dealt with in accordance with the otherwise applicable procedures = under this=20 Act.

(5) The comptroller or regional water manager = may refuse=20 to accept an eligible application for filing under this section if

(a) the applicant fails to provide the = information=20 required by or under this Act in respect of the application, or

(b) in the opinion of the comptroller or = regional water=20 manager, circumstances respecting the stream or the application are such = that=20 the requirements referred to in subsection (2) (c) should apply.

(6) The comptroller or regional water manager = may, in=20 writing, authorize another official or class of official employed by the = government or a government corporation to exercise, in respect of = eligible=20 applications, the functions, duties and powers of the comptroller or = regional=20 water manager under subsection (5) of this section and sections 10, 12, = 13, 18,=20 19, 20 and 26 (1).

(7) An authorization under subsection (6) may be = subject=20 to any limits or conditions specified by the comptroller or regional = water=20 manager, including a condition that licences under section 12 and = permits under=20 section 26 that are issued by an authorized official must include terms = and=20 conditions specified by the comptroller or regional water manager in the = authorization.

(8) A decision under this section, or under a = section=20 referred to in subsection (6),

(a) as to whether an application is accepted for = filing=20 under this section, or

(b) respecting an application that has been = accepted for=20 filing under this section

is not appealable under section 40.

(9) For certainty, an application that is not = accepted for=20 filing under this section continues as an application to be dealt with = in=20 accordance with the otherwise applicable procedures under this Act.

(10) The minister may, by order, do one or more = of the=20 following:

(a) establish purposes or uses that may make an=20 application an eligible application under this section, which may be = different=20 for different streams, different parts of a stream and streams in = different=20 areas;

(b) designate streams, or parts of streams, as = excluded=20 streams, by designating them

(i) specifically,

(ii) by area description,

(iii) by tributary relationship with other = streams, or=20

(iv) by any other means that describes the = excluded=20 streams in a manner that allows them to be identified,

and, in relation to this, may provide that the = tributaries=20 of a designated stream or part of a stream are not to be considered = excluded=20 streams for the purposes of this section;

(c) establish the maximum eligible quantity of = water that=20 will allow an application to be an eligible application under this = section,=20 which may be different for different purposes, different uses, different = streams, different parts of a stream and streams in different areas. =

Purpose, precedence and = appurtenancy of licences

13 The comptroller or regional water = manager must=20 ensure that every licence issued on or after June 21, 1995

(a) specifies the date of precedence of the = licence,

(b) is for the diversion, extraction, use or = storage of=20 water, or for any combination of those things, for one, 2 or 3 of the = purposes=20 defined in section 1 and the purpose is or the purposes are specified in = the=20 licence, and

(i) is located entirely in British Columbia,

(ii) consists of land, a mine or an undertaking, = or any=20 combination of those things, and

(iii) is adequately described in the = licence.

Issue of final = licences

14 (1) When the time for completing the = works=20 authorized under a conditional licence expires or the licensee completes = the=20 works, the comptroller or the regional water manager may issue to the = licensee a=20 final licence authorizing the diversion and use of the quantity of water = that=20 the comptroller or the regional water manager finds to have been used=20 beneficially for the purpose authorized under the conditional = licence.

(2) On the issue of a final licence, the = conditional=20 licence is of no further effect.

Precedence of licences = on same=20 stream

15 (1) Except as otherwise provided in = subsections=20 (2) and (3), the respective rights exercisable under 2 licences = authorizing the=20 diversion of water from the same stream have precedence in law according = to the=20 respective priorities of the dates from which the licences take = precedence as=20 set out in them.

(2) The respective rights exercisable under 2 = licences=20 taking precedence from the same date have precedence in law according to = the=20 ranking of the respective purposes for which water is authorized to be = used=20 under the licences respectively, and the ranking of the several purposes = for=20 which water may be used under licences are, from highest rank to lowest = rank:=20 domestic, waterworks, mineral trading, irrigation, mining, industrial, = power,=20 hydraulicking, storage, conservation, conveying and land improvement=20 purposes.

(3) The rights exercisable under 2 licences = taking=20 precedence from the same date and authorizing the diversion of water = from the=20 same stream for the same purpose have equal precedence in law.

Transfer of licence, = approval or=20 permit

16 (1) A licence, approval or permit that = is made=20 appurtenant to any land, mine or undertaking passes with a conveyance or = other=20 disposition of the land, mine or undertaking.

(2) A person conveying or otherwise disposing of = land, a=20 mine or an undertaking to which a licence is appurtenant, or in respect = of which=20 an approval or permit was issued or, in the case of a transmission of = land, a=20 mine or an undertaking to the personal representative or other person=20 representing the owner, the personal representative or other person must = give=20 written notice of the conveyance or other disposition to the comptroller = or=20 regional water manager.

Licence or permit as = evidence

17 The production of a licence, permit or = approval,=20 or bylaw of an improvement district, or a copy of any of them certified = to be a=20 copy by the comptroller or other person authorized by the minister to = certify=20 copies is, without further proof, evidence in a court of the matters and = things=20 set out in the licence, permit, approval or bylaw.

Amendment and = substitution of=20 licence or approval

18 (1) Subject to subsection (1.1), on = notice to=20 all persons whose rights would be injuriously affected, and after = consideration=20 of any objections filed and after notifying the objectors of his or her=20 decision, the comptroller or the regional water manager may amend a = licence to=20 do any of the following:

(a) extend the time set for beginning = construction of the=20 works;

(b) extend the time set for completion of the = works;

(d) authorize additional or other works than = those=20 previously authorized;

(e) correct an error in the licence;

(f) remove a provision of the licence that is = inconsistent=20 with this Act;

(g) authorize the use of water for some purpose = other than=20 that specified in the licence;

(h) extend the term of the licence;

(i) increase or reduce the quantity of water = authorized to=20 be diverted or stored if it appears to have been erroneously = estimated.

(1.1) If satisfied that no person=92s rights = will be=20 injuriously affected, the comptroller or the regional water manager may = dispense=20 with providing notice under subsection (1).

(2) If the comptroller or the regional water = manager=20 considers that an amendment to a licence under subsection (1) would = substantially change that licence, the comptroller or the regional water = manager=20 may issue in substitution for it another licence on the conditions he or = she=20 considers advisable.

(3) In cases not coming within subsection (2), = the=20 comptroller or the regional water manager may, with the written consent = of the=20 licensee, issue in substitution for a licence a conditional or final = licence on=20 the conditions the comptroller or regional water manager considers=20 advisable.

(4) The comptroller or a regional water manager = may amend=20 an approval granted under section 8 or 9 and an engineer may amend an = approval=20 granted under section 9, on the conditions he or she considers = advisable.

(5) If the amendment to the approval would = substantially=20 change that approval, the comptroller or regional water manager acting = under=20 section 8 or 9, or the engineer acting under section 9, may issue in=20 substitution for it another approval on the conditions he or she = considers=20 advisable.

Transfer of = appurtenancy

19 (1) On the application of the holder = of a=20 licence, approval or permit and on compliance by the holder and by the = proposed=20 transferee with the comptroller's or the regional water manager's = directions as=20 to giving notice, the comptroller or the regional water manager, on the = terms he=20 or she considers proper, may

(a) transfer all or part of the rights and = obligations=20 granted and imposed under the licence, approval or permit from the = holder to the=20 proposed transferee, and

(b) issue a new licence, approval or permit to = the=20 transferee or transferor, or both, and determine the appurtenancy of the = licence, approval or permit.

(2) Subject to section 11 of the Water = Protection Act,=20 the comptroller or regional water manager must not exercise his or = her=20 discretion under subsection (1) of this section to determine an = appurtenancy=20 that is not in British Columbia.

(3) Despite subsection (1), if satisfied that no = person=92s=20 rights will be injuriously affected, the comptroller or the regional = water=20 manager may dispense with providing directions as to giving notice under = subsection (1).

Apportionment of rights = under=20 licence

20 (1) If satisfied that no licensee's = rights will=20 be injuriously affected, the comptroller or the regional water manager = may=20 apportion the rights and obligations granted and imposed under a licence = among=20 the owners of the several parcels comprising the land to which the = licence is=20 appurtenant.

(2) The comptroller or the regional manager may = issue, on=20 the conditions the comptroller or regional water manager considers = advisable,=20 one or more new licences in substitution for a licence the rights and=20 obligations under which are apportioned under subsection (1).

Rights and = responsibilities under=20 licence or approval

21 (1) A licensee, holder of an approval = or person=20 who makes a change in and about a stream in accordance with the = regulations=20 must

(a) exercise reasonable care to avoid damaging = land,=20 works, trees or other property, and

(b) make full compensation to the owners for = damage or=20 loss resulting from construction, maintenance, use, operation or failure = of the=20 works.

(2) Subject to subsection (1), a holder of a = licence for=20 power purpose, waterworks purpose or irrigation purpose may fell and = remove any=20 tree and remove any rock or other thing that endangers the holder's = works.

Records

22 A licensee, holder of an approval or = person who=20 makes a change in and about a stream in accordance with the regulations = must

(a) keep the prescribed records and any other = records that=20 the comptroller, a regional water manager or an engineer directs, = and

(b) produce the records for inspection when = required.

Beneficial use = declaration

22.01 (1) A licensee must submit to the=20 comptroller, regional water manager or engineer a signed declaration in=20 accordance with subsection (2) when directed to do this by the = comptroller,=20 regional water manager or engineer.

(2) A declaration required under subsection (1) = must

(a) state whether the licensee has

(i) during the 3 years preceding the date of the = declaration, made beneficial use of the authorized quantity of water for = the=20 purpose authorized under the licence,

(ii) during that period, diverted and used the = water in=20 the manner authorized under the licence, and

(iii) complied with all other terms and = conditions of the=20 licence,

(b) include any other information required by = the=20 comptroller, regional water manager or engineer, and

Suspension and = cancellation of=20 rights and licences

23 (1) In this section:

"licence" includes a permit or an = approval under=20 section 8 or 9;

"licensee" includes a holder of a permit = and a=20 person who has obtained approval under section 8 or 9.

(2) The rights of a licensee under a licence are = subject=20 to suspension for any time by the comptroller or a regional water = manager, and a=20 licence and all rights under it are subject to cancellation in whole or = in part=20 by the comptroller or a regional water manager for any of the = following:

(a) failure by the licensee for 3 successive = years to make=20 beneficial use of the water for the purpose and in the manner authorized = under=20 the licence;

(b) failure by the licensee within the time = specified to=20 construct the works authorized under the licence;

(d) failure by the licensee for 6 months to pay = any water=20 bailiff's fees payable by the licensee;

(e) the licensee's failure to comply with this = Act or the=20 regulations;

(f) the licensee's failure to comply with a term = or=20 condition of the licence;

(g) the licensee's failure to comply with an = order of the=20 comptroller or a regional water manager or an engineer;

(h) material misstatement or misrepresentation = in the=20 application for the licence or in the information provided to the = comptroller or=20 a regional water manager with respect to it;

(h.1) material misstatement or misrepresentation = in a=20 declaration under section 22.01;

(i) cancellation or other termination of the = licensee's=20 title to the land or mine on which the water is to be used, if the = cancellation=20 or termination results from the operation of a statute or the exercise = of a=20 statutory authority.

(3) Three days' notice of the comptroller's or = regional=20 water manager's proposal to suspend rights under a licence must be given = to the=20 person exercising the rights or to the person occupying the land to = which the=20 licence is appurtenant and, if the comptroller or the regional water = manager=20 considers the matter urgent, the rights may be suspended without a = hearing.

(4) In the case of a licence appurtenant to = land, notice=20 of the proposal to cancel the licence must be sent to every registered = owner of=20 the land and to every person who has notified the comptroller or a = regional=20 water manager that he or she has an interest in it, but if the land = comprises=20 more than 20 parcels, notice of the proposal to cancel the licence may = be given=20 by publication of at least one insertion each week for 3 consecutive = weeks in a=20 local newspaper.

(5) In the case of a licence that is not = appurtenant to=20 land, notice of the proposal to cancel the licence must be sent to the = holder of=20 the licence and to every person who has notified the comptroller or a = regional=20 water manager that he or she has an interest in the licence.

(6) If within 30 days after mailing of the = notice or the=20 last publication of it an objection to the proposed cancellation is = filed with=20 the comptroller or a regional water manager by a person claiming an = interest in=20 the licence, the comptroller or a regional water manager must, on the = hearing he=20 or she considers suitable, determine whether the alleged grounds for=20 cancellation are substantiated and must make the order he or she = considers=20 proper.

(7) If the engineer reports in writing to the = comptroller=20 or a regional water manager that he or she examined the works authorized = under=20 the licence and found them unfit or unsuitable for use or that he or she = examined the place of use referred to in the licence and found no = indication of=20 recent beneficial use of water, the onus lies on the licensee to prove = that the=20 licensee has complied with this Act, the regulations and the = licence.

(8) The rights of the different licensees under = a licence=20 are separable, and fulfillment by a licensee of his or her obligations = as a=20 licensee does not prevent or delay the suspension or cancellation of the = rights=20 of another licensee.

(9) A person in possession of a copy of a = licence that has=20 been cancelled must deliver it to the comptroller or a regional water = manager=20 without delay.

(10) If a licence has been cancelled in part, = the=20 comptroller or a regional water manager may issue to the licensee

(a) a conditional licence on the conditions he = or she=20 considers advisable, or

(b) a new final licence,

but the licensee does not, by the issue of the = conditional=20 licence or the new final licence, obtain or retain any right, power or = privilege=20 that has been the subject of the cancellation.

Abandonment of rights = under a=20 licence

24 (1) A registered owner of land, an = owner of a=20 mine or undertaking, a minister of the Crown or a board, corporation or = person=20 having control of any land, mine or undertaking to which a licence is=20 appurtenant may, by notice in writing to the comptroller or a regional = water=20 manager, abandon all or part of the rights held under the licence.

(2) If the land, mine or undertaking to which = the licence=20 is appurtenant is mortgaged, and a copy of the mortgage, or particulars = of it,=20 is filed with the comptroller or a regional water manager, the = abandonment is=20 not effective without the written consent of the mortgagee.

(3) If a part of the rights held under a licence = has been=20 abandoned, the comptroller or a regional water manager may issue to the=20 licensee

(a) a conditional licence on the conditions he = or she=20 considers advisable, or

(b) a new final licence,

but the licensee does not, by the issue of the = conditional=20 licence or the new final licence, obtain or retain a right, power or = privilege=20 that has been the subject of the abandonment.

Liability of owner for = damage=20 remains

25 The abandonment, suspension, = termination or=20 cancellation of all or part of the rights held under a licence or = approval does=20 not relieve the owner of the land, mine or undertaking to which the = licence or=20 approval is or was appurtenant of liability for damage resulting from = the works=20 constructed, operated or maintained by the owner, or from a defect,=20 insufficiency or failure of the works.

Permits over Crown = land

26 (1) On compliance with the regulations = by a=20 licensee or a person to whom approval was given under section 8 or 9, = the=20 comptroller or regional water manager may issue to the licensee or = person one or=20 more permits authorizing the flooding of Crown land or the construction, = maintenance or operation on the land of works authorized under a licence = or=20 approval.

(2) A person must not cause Crown land to be = flooded or=20 construct, maintain or operate works on it unless the person holds a = permit=20 authorizing that flooding, construction, maintenance or operation.

Licensee's right to = expropriate=20 land

27 (1) In this section and in sections 28 = to 30,=20 "land" includes an estate or interest in or easement over = land.

(2) A licensee has the right to expropriate any = land=20 reasonably required for the construction, maintenance, improvement or = operation=20 of works authorized under his or her licence.

(3) In addition to the right under subsection = (2), the=20 holder of a licence that authorizes the diversion of water for domestic = purpose=20 or waterworks purpose has the right to expropriate any land the control = of which=20 by the licensee would help to prevent pollution of the water authorized = to be=20 diverted.

(4) In addition to the rights under subsections = (2) and=20 (3) and with the consent of the Lieutenant Governor in Council, the = holder of a=20 licence that authorizes the construction of a dam has the right to = expropriate=20 any land that would be flooded if the dam were constructed and utilized = to the=20 maximum height authorized.

(5) The owner of land expropriated under this = section must=20 be compensated for it by the licensee, and the procedure to be followed = in=20 expropriating land and the method of determining the compensation is the = prescribed procedure and method.

(6) If expropriation proceedings relate to land = on or in=20 which there are works authorized under a licence, an owner or other = person must=20 not interfere with the works or prevent the licensee from maintaining,=20 operating, using or improving them so long as the licensee diligently = prosecutes=20 the expropriation proceedings.

Licensee's rights when = owner=20 refuses compensation

28 (1) If an award of compensation is = made and the=20 amount is tendered to the owner and the owner fails to execute and = deliver to=20 the licensee the required conveyance or other instrument, the licensee = is then=20 constituted the attorney of the owner for the purpose of executing the=20 conveyance or instrument on the owner's behalf.

(2) The registrar must register the licensee as = owner of=20 the land affected or holder of a charge on it as indicated in the award = if the=20 licensee

(a) pays the amount of compensation to the = comptroller, or=20 the part of it that is payable at the time,

(b) files with the registrar

(i) the executed conveyance or instrument,

(ii) a copy of the award, and

(iii) an affidavit proving the payment of the = compensation=20 to the comptroller and the failure of the owner to execute the = conveyance or=20 instrument, and

Owner to give notice = before=20 interfering with works

29 Despite a right or title acquired or = held under=20 a statute or indefeasible or absolute title, an owner of land or other = person=20 who proposes to alter, move, fill in or otherwise interfere with works=20 authorized under a licence must, before doing so, give the licensee 6 = months'=20 notice in writing of the act or thing proposed to be done.

Entry on land in case = of=20 urgency

30 (1) If the comptroller considers that = a delay in=20 beginning the construction of authorized works

(a) would not be in the public interest, or

(b) would cause a hardship on the licensee,

the comptroller may authorize the licensee to = enter on,=20 occupy and use any land for constructing the works if the licensee = deposits with=20 the comptroller security in the form and amount the comptroller = considers=20 adequate to indemnify the owner for any damage the owner might sustain = by reason=20 of the construction.

(2) On exercising an authority under subsection = (1), the=20 licensee must promptly take steps to expropriate the land required and = must=20 comply with the regulations relating to expropriation.

Power to summon = witnesses

31 If it appears to the comptroller, = deputy=20 comptroller or engineer that the proper determination of a matter within = his or=20 her jurisdiction necessitates a public or other inquiry, he or she may = hold that=20 inquiry, and for that purpose has all the powers and jurisdiction of a = justice=20 under the Offence Act.

Right of access to land = and=20 premises by authorized persons

32 (1) The comptroller, deputy = comptroller and=20 every engineer, officer and water bailiff, and every officer and = employee of a=20 municipality, improvement district, development district, water users' = community=20 or holder of a licence that authorizes the carriage or supply of water = or=20 electricity to the public has, so far as is necessary in the discharge = of his or=20 her duties or the exercise of his or her rights, at all times a free = right of=20 entry and exit on, in and over any land and premises.

(2) Subsection (1) also applies to a person = working under=20 the direction of the comptroller, the regional water manager or an = engineer.

Joint use of works may = be=20 ordered

33 If satisfied that the joint use of = works would=20 conserve water or avoid duplication of works, the comptroller may order = the=20 joint use and set its terms.

Power to authorize = extension of=20 rights under a licence

34 (1) If the comptroller considers that = no other=20 supply is available at reasonable cost, the comptroller may authorize a = licensee=20 to use or supply water for use for other purposes or on other land than=20 specified in the licence and may set the terms on which the water is to = be used=20 or supplied.

(2) An authorization under subsection (1) is = subject to=20 any jurisdiction in that respect of a commission, board, body or member = of the=20 Executive Council designated by the Lieutenant Governor in Council.

Appointment of water = bailiffs

35 (1) If the comptroller considers that = the=20 engineer is unable, in person, to regulate the diversion and use of = water from a=20 stream, the comptroller may appoint one or more water bailiffs for that=20 purpose.

(2) A water bailiff has the authority, subject = to the=20 supervision of the engineer, to enter on any land, to regulate and = control the=20 diversion and use of water from the streams with respect to which his or = her=20 appointment relates and to regulate and control all diversion works on = them and,=20 so far as is necessary for or useful in enforcing his or her orders, a = water=20 bailiff has all the powers of a police constable under the Police=20 Act.

(3) A water bailiff must be compensated by the = persons=20 using water from the streams affected in the amounts and at the times = the=20 engineer directs, and the water bailiff may stop the diversion and use = of water=20 by a person who fails to pay that amount as directed.

(4) A sum payable to a water bailiff may be = recovered as a=20 debt due to the government by action at the suit of the Attorney = General.

Powers of comptroller = and regional=20 water manager

36 (1) In addition to the other powers = given under=20 this Act and the regulations, the comptroller may at any time do any act = or=20 thing that a regional water manager, engineer or officer is empowered to = do=20 under this Act or the regulations.

(2) In addition to the other powers given under = this Act=20 and the regulations, a regional water manager may at any time do any act = or=20 thing that an engineer or officer is empowered to do under this Act or = the=20 regulations.

Power of comptroller if = disobeyed

37 (1) If a person to whom an order of = the=20 comptroller or engineer is directed fails to do the things ordered, the=20 comptroller may authorize another person to do those things, and any = expense=20 incurred in the exercise of that authorization may be recovered in any = court=20 from the person to whom the order was directed as money paid for, and at = the=20 request of, that person, and the comptroller's certificate as to the = amount of=20 the expense is conclusive evidence of it.

(2) If the comptroller considers that it is in = the public=20 interest to remove any works, the comptroller may authorize that they be = removed=20 at the expense of the government.

(3) Money required under subsection (2) must be = paid out=20 of the consolidated revenue fund.

(4) The government may collect money spent under = subsection (2) as if the works had been removed under = subsection (1).

(5) A person authorized by the comptroller under = this=20 section may enter onto land at any reasonable time and may take with him = or her=20 any other persons or equipment as may be necessary for the purpose of = doing the=20 things that he or she is authorized to do.

Power to amend or = revoke order

38 The comptroller may at any time on = notice amend=20 or revoke any order of the comptroller, the regional water manager, the = Water=20 Board or the Board of Investigation.

Powers of engineers and = officers

39 (1) In addition to all other powers = given under=20 this Act and the regulations, an engineer may do one or more of the=20 following:

(a) inspect, regulate, close or lock any = works;

(b) inspect and regulate the construction of any = works;

(d) order the repair, alteration, improvement, = removal of=20 or addition to any works;

(e) order the restoration or remediation of any = changes in=20 and about a stream;

(f) order the construction, installation and = maintenance=20 of any measuring device;

(g) regulate, in person or through an officer or = a water=20 bailiff, and make orders with respect to the diversion, rate of = diversion,=20 storage, carriage, distribution and use of water;

(h) determine the allowances of water to offset=20 evaporation, seepage and other losses;

(i) order the release of stored or impounded = water that=20 the engineer considers a danger to life and property;

(j) order a person to cease putting or not to = put any=20 sawdust, timber, tailings, gravel, refuse, carcass or other thing or = substance=20 into a stream;

(k) order a person to remove from a stream any = substance=20 or thing that he or she has put or permitted to get into the stream.

(2) An order under subsection (1) may be made = subject to=20 any conditions the engineer considers advisable.

(3) Subject to the direction of an engineer, an = officer=20 may

(a) regulate, close or lock any works,

(b) regulate the construction of any works, = or

(c) regulate, in person or through a water = bailiff, the=20 diversion, rate of diversion, storage, carriage, distribution and use of = water.

(4) An officer may inspect works, the = construction of=20 works, an existing or proposed water use and any activity or changes in = and=20 about a stream and any records related to the works, construction, use, = activity=20 or changes.

Appeals to = Environmental Appeal=20 Board

40 (1) An order of the comptroller, the = regional=20 water manager or an engineer may be appealed to the Environmental Appeal = Board=20 established under the Environment Management Act by

(a) the person who is subject to the order,

(b) an owner whose land is or is likely to be = physically=20 affected by the order, or

(c) a licensee, riparian owner or applicant for = a licence=20 who considers that their rights are or will be prejudiced by the order. =

(2) The time limit for commencing an appeal is = 30 days=20 after notice of the order being appealed is given

(a) to the person subject to the order, or

(b) in accordance with the regulations.

(3) For the purposes of an appeal, if a notice = under this=20 Act is sent by registered mail to the last known address of a person, = the notice=20 is conclusively deemed to be served on the person to whom it is = addressed on=20

(a) the 14th day after the notice was deposited = with=20 Canada Post, or

(b) the date on which the notice was actually = received by=20 the person, whether by mail or otherwise,

whichever is earlier.

(4) An appeal under this section

(a) must be commenced by notice of appeal in = accordance=20 with the practice, procedure and forms prescribed by regulation under = the=20 Environment Management Act, and

(b) subject to this Act, must be conducted in = accordance=20 with the Environment Management Act and the regulations under = that Act.=20

(5) The appeal board may conduct an appeal by = way of a new=20 hearing.

(6) On an appeal, the appeal board may

(a) send the matter back to the comptroller, = regional=20 water manager or engineer, with directions,

(b) confirm, reverse or vary the order being = appealed, or=20

(c) make any order that the person whose order = is appealed=20 could have made, and that the board considers appropriate in the = circumstances.=20

(7) An appeal does not act as a stay or suspend = the=20 operation of the order being appealed unless the appeal board orders = otherwise.=20

Offences

41 (1) A person commits an offence if the = person=20 does any of the following:

(a) willfully hinders, interrupts or causes or = procures to=20 be hindered or interrupted, a licensee or his or her managers, = contractors,=20 servants, agents, workers or any of them, in the lawful exercise of a = right=20 granted under this Act or the regulations or under a licence or = approval;

(b) without lawful authority, willfully = destroys, damages=20 or interferes with the works of a licensee, a person who has obtained an = approval or a person who has constructed the works in accordance with = the=20 regulations;

(c) opens or closes without authority a hydrant = used for=20 fire protection, or obstructs free access to a hydrant stop cock or = hydrant=20 accessory, or damages a hydrant stop cock or hydrant accessory;

(d) lays or causes to be laid a pipe, or = constructs or=20 causes to be constructed a ditch or other conduit to connect with the = works of a=20 licensee without authority from the comptroller, engineer or the = licensee;

(e) molests, interferes with, delays, obstructs = or=20 otherwise impedes the comptroller or an engineer, water bailiff or other = officer=20 in the discharge or performance of a duty or the exercise of an = authority under=20 this Act;

(f) destroys, injures or tampers with

(i) works, or

(ii) a gauge, weir, measuring device, structure, = appliance, cable, boat, instrument or tool

belonging to or placed in position by an = applicant,=20 licensee or official of Canada or of British Columbia;

(g) places, maintains or makes use of an = obstruction in=20 the channel of a stream without authority;

(h) engages in the business of operating works = to carry=20 water for others without holding a licence or other authority issued in = that=20 behalf under this or a former Act;

(i) willfully interferes with a headgate, ditch = or=20 controlling works that an engineer, officer or water bailiff has = regulated;

(j) willfully destroys a notice posted by an = applicant,=20 engineer, officer or water bailiff;

(k) constructs, maintains, operates or uses = works without=20 authority;

(l) puts into a stream any sawdust, timber, = tailings,=20 gravel, refuse, carcass or other thing or substance after having been = ordered by=20 the engineer or water recorder not to do so;

(m) diverts water from a stream without = authority;

(n) diverts more water from a stream than the = person is=20 lawfully entitled to divert;

(o) diverts water that the person does not use=20 beneficially;

(p) uses water when the person is not lawfully = entitled to=20 do so;

(q) uses water or permits water to be used on = the person's=20 land during a time he or she is ordered to cease the diversion of water = or after=20 his or her works have been closed or ordered closed;

(r) willfully contravenes this Act or an order = of the=20 comptroller or engineer, or neglects to do an act or thing required to = be done=20 by the person under this Act or under an order of the comptroller or=20 engineer;

(s) makes changes in and about a stream without = lawful=20 authority;

(t) breaches a term or condition of a licence, = an approval=20 or the regulations;

(t.1) willfully makes a material misstatement or = misrepresentation in a declaration under section 22.01;

(u) carries, supplies, conveys or transports = water=20 diverted from a stream without being authorized to divert, extract, use = or store=20 water from that stream, unless acting as agent for a person so = authorized;

(v) contravenes section 4;

(w) [Not in force.]

(x) contravenes section 4 (3) of the Fish = Protection=20 Act;

(y) [Not in force.]

(z) contravenes an order under section 41.1 or = 41.2.

(2) A person who commits an offence under this = section is=20 liable on conviction

(a) to a fine of not more than $200 000, = and

(b) if the offence is a continuing one, to a = fine of not=20 more than $200 000 for each day the offence is continued

or to imprisonment not exceeding 12 months, or = to both a=20 fine and imprisonment.

(2.1) A person who contravenes

(a) and (b) [Not in force.]

(d) [Not in force.]

commits an offence and is liable on conviction = to a fine=20 of not more than $1 000 000 or to imprisonment for not longer = than 6=20 months, or to both a fine and imprisonment.

(3) If a corporation commits an offence under = this Act, an=20 employee, officer, director or agent of the corporation who authorized,=20 permitted or acquiesced in the offence commits the offence even though = the=20 corporation is convicted.

(4) The time limit for laying an information = respecting an=20 offence under this Act or the regulations is 2 years after the facts on = which=20 the information is based first came to the knowledge of the minister. =

(5) A document purporting to have been issued by = the=20 minister, certifying the day on which he or she became aware of the = facts on=20 which an information is based, is admissible without proof of the = signature or=20 official character of the individual appearing to have signed the = document and,=20 in the absence of evidence to the contrary, is proof of the matter=20 certified.

(6) A proceeding, conviction or penalty for an = offence=20 under this Act or the regulations does not relieve a person from any = other=20 liability.

Creative sentencing

41.1 (1) If a person is convicted of an = offence=20 under this Act, in addition to any punishment imposed, the court may, = having=20 regard to the nature of the offence and the circumstances surrounding = its=20 commission, make an order containing one or more of the following = prohibitions,=20 directions or requirements:

(a) prohibiting the person from doing any act or = engaging=20 in any activity that may, in the opinion of the court, result in the=20 continuation or repetition of the offence;

(b) directing the person to take any action the = court=20 considers appropriate to remedy or avoid any harm to the environment = that=20 resulted or may result from the commission of the offence;

(c) directing the person to pay the government = an amount=20 of money as compensation, in whole or in part, for the cost of any = remedial or=20 preventive action taken by or caused to be taken on behalf of the = government as=20 a result of the commission of the offence;

(d) directing the person to perform community = service;=20

(e) directing the person to pay the = Habitat=20 Conservation Trust Fund an amount of money the court considers = appropriate;

(f) directing the person to post a bond or pay = into court=20 an amount of money the court considers appropriate for the purpose of = ensuring=20 compliance with any prohibition, direction or requirement under this=20 section;

(g) directing the person to submit to the = minister, on=20 application by the minister within 3 years after the date of the = conviction, any=20 information respecting the activities of the person that the court = considers=20 appropriate in the circumstances;

(h) directing the person to publish, in any = manner the=20 court considers appropriate, the facts relating to the commission of the = offence;

(i) requiring the person to comply with any = other=20 conditions that the court considers appropriate for securing the = person's good=20 conduct and for preventing the person from repeating the offence or = committing=20 other offences under this Act.

(2) If a person fails to comply with an order = referred to=20 in subsection (1) (h) directing the person to publish the facts relating = to the=20 commission of an offence, the minister may publish those facts and = recover the=20 costs of publication from the person.

(3) If

(a) an order under this section or section 41.2 = directs a=20 person to pay an amount of money as compensation or for any other = purpose, or=20

(b) the minister incurs publication costs under = subsection=20 (2) of this section,

the amount and any interest payable on that = amount=20 constitute a debt due to the government and may be recovered as such in = any=20 court of competent jurisdiction.

Variation of section 41.1 = orders

41.2 (1) An application for variation of = an order=20 under section 41.1 may be made to the court that made the order by

(a) the Attorney General, or

(b) the person against whom the order under = section 41.1=20 was made.

(2) Before hearing an application under = subsection (1),=20 the court may order the applicant to give notice of the application in=20 accordance with the directions of the court.

(3) On an application under subsection (1), if = the court=20 considers variation appropriate because of a change in the = circumstances, the=20 court may make an order doing one or more of the following:

(a) changing the original order or any = conditions=20 specified in it;

(b) relieving the person referred to in = subsection (1) (b)=20 absolutely or partially from compliance with all or part of the original = order;=20

(d) extending the period for which the original = order is=20 to remain in effect, subject to the limit that this extension must not = be longer=20 than one year.

(4) If an application under subsection (1) has = been heard=20 by a court, no other application may be made in respect of the order = under=20 section 41.1 except with leave of the court.

Right to use unrecorded = water

42 (1) It is not an offence for a person = to divert=20 water from a stream for extinguishing a fire, but any flow so diverted = must be=20 promptly restored to its original channel when the fire is = extinguished.

(2) It is not an offence for a person to divert = unrecorded=20 water for domestic purpose or for prospecting for mineral, but in a = prosecution=20 under this Act the person diverting the water must prove that the water = is=20 unrecorded.

Setting tolls

43 (1) The holder of a licence for river=20 improvement purpose who wishes to collect a toll from a person who = floats, or=20 proposes to float, timber in the stretch of the stream to which the = licence=20 relates may apply to the comptroller to have the toll set, and the = comptroller,=20 the chief forester and the Superintendent of Lands, or any 2 of them, = may set=20 the toll and determine by whom it must be paid and the date of = payment.

(2) A person must not float timber in a stretch = of a=20 stream to which a licence for river improvement purpose relates unless = the=20 person pays to the holder of the licence any toll set under subsection = (1).

Reservation of = water

44 (1) If it appears to the Lieutenant = Governor in=20 Council to be advisable, in order to enable a person to investigate the=20 suitability of a stream for any purpose, or in order to make provision = for a=20 water supply for a waterworks, irrigation or power system or project, or = for the=20 use of the Crown for any purpose, the Lieutenant Governor in Council may = by=20 order in council reserve all or part of the unrecorded water of the = stream from=20 being taken or used or acquired under this Act.

(2) A notice signed by the minister giving = particulars of=20 the reservation must be published in the Gazette and the reservation = must be=20 registered by the comptroller.

(3) A reservation made under this section = applies to water=20 that by reason of the abandonment or cancellation of a licence becomes=20 unrecorded water during the existence of the reservation.

(4) The Lieutenant Governor in Council may in = the order=20 making the reservation or in a subsequent order provide that the water = reserved=20 may, despite the reservation, be acquired for the purpose for which it = is=20 reserved, or may be acquired for other purposes under licences subject = to the=20 reservation.

(5) The Lieutenant Governor in Council may at = any time=20 cancel a reservation of unrecorded water, and notice of the = cancellation, giving=20 the date on which it is to be effective, which date must not be earlier = than one=20 month after the date of publication of the notice of the cancellation in = the=20 Gazette, must be published in the Gazette, and within 30 days of the = publication=20 of the notice of cancellation in the Gazette must be published in a = newspaper=20 published in the water district in which the stream is located, and if = there is=20 no newspaper so published then in a newspaper circulating in that water=20 district.

(6) Applications for the water reserved may be = made during=20 the publication of the notice of cancellation in the Gazette, but an = application=20 must not be given a priority earlier than the date on which the = cancellation=20 becomes effective.

(7) Licences may be issued authorizing the = diversion and=20 use of water for domestic purpose or land improvement purpose from a = stream to=20 which a reservation applies.

(8) An approval under section 8 may be issued = authorizing=20 the use of water for any purpose from a stream to which a reservation=20 applies.

Nisga'a water = reservation

44.1 (1) In this section, = "Nisga'a Final=20 Agreement" has the same meaning as in the Nisga'a Final = Agreement=20 Act.

(2) The Lieutenant Governor in Council may, by = order,=20 establish the water reservation, described in paragraph 122 of the Lands = Chapter=20 of the Nisga'a Final Agreement, in favour of the Nisga'a = Nation.=20

(3) The water reservation established under = subsection (2)=20 is deemed

(a) to be a water reservation under section 44 = subject to=20 the following:

(i) the water reserved by that water reservation = may only=20 be acquired for the purposes and in the manner contemplated by = paragraphs 122 to=20 126 of the Lands Chapter of the Nisga'a Final Agreement;

(ii) section 44 (5) and (6) does not apply to = that water=20 reservation;

(iii) section 44 (7) and (8) does not apply to = the water=20 reserved by that water reservation, and

(b) to have been made on March 22, 1996 for the = purposes=20 of paragraph 123 of the Lands Chapter of the Nisga'a Final = Agreement.

Power to establish = tariff of fees=20 and rentals

45 (1) The Lieutenant Governor in Council = may, by=20 regulation, establish a tariff of the fees, rentals and charges payable = in=20 respect of applications, petitions, claims, complaints, proceedings, = licences,=20 approvals, permits and other things filed, applied for, taken or issued = under=20 this or any former Act, and in respect of water diverted or used from a = stream,=20 whether diverted under authority of a licence or under a special or = private Act=20 or without authority.

(2) An applicant, petitioner, claimant, = complainant and=20 other person who files an application, petition, claim or complaint, or = takes a=20 proceeding under this Act, and a person holding a licence, approval or = permit,=20 and a person who diverts or uses water from a stream is liable to the = government=20 for the fees, rentals and charges in respect of the application, = petition,=20 claim, complaint, proceeding, licence, approval, permit, thing or = water.

(3) The fees, rentals and charges must be paid = to the=20 comptroller and may be recovered by the comptroller by suit in a court = of=20 competent jurisdiction.

(4) The tariff may set the times of payment of = fees,=20 rentals and charges and make them subject to the imposition of interest = at a=20 prescribed rate and specified percentage additions on or from specified = dates,=20 and a tariff or part of it may be made retrospective to the extent of = making it=20 applicable from the beginning of the year in which it is = established.

(5) The payment by a person or the acceptance by = the=20 comptroller of any rental in respect of a licence, approval or permit = does not=20 prevent or delay the cancellation of the licence, approval or permit on = any=20 ground except failure to pay rentals.

Power to make = regulations

46 (1) The Lieutenant Governor in Council = may make=20 regulations referred to in section 41 of the Interpretation = Act.

(2) Without limiting subsection (1), the = Lieutenant=20 Governor in Council may make regulations in respect of the = following:

(a) the division of British Columbia into water=20 districts;

(b) the issue of permits authorizing the = occupation of=20 Crown land and their terms;

(c) the procedure to be followed in = expropriating land and=20 easements, the method of determining the compensation to be paid for it = and the=20 powers and duties of arbitrators or the Expropriation Compensation Board = with=20 respect to it;

(d) the powers, duties and jurisdiction of = officers=20 administering this Act;

(e) the use of a stream for floating timber and = the=20 construction, maintenance, operation, alteration and removal of booms = and other=20 installations in the stream, and the duties and obligations of persons = who float=20 timber in a stream with respect to the segregation and sorting of the=20 timber;

(f) the use, construction, maintenance, = operation,=20 alteration, abandonment and removal of any works;

(g) the commencement, continuation or cessation = of any=20 activity that causes or allows to be caused any changes in and about a=20 stream;

(h) the duties and obligations of persons who = undertake=20 any works or changes in and about a stream;

(i) the records that must be kept for the = purpose of=20 section 22;

(j) designating the uses of water included under = industrial purpose;

(k) how notice of a decision may be given for = the purposes=20 of section 40 (2) (b);

(l) [Not in force.]

(m) the requirements that must be met in = relation to=20 applications under this Act, which may be different for applications = that may be=20 accepted for filing under section 12.1 than for applications dealt with = in=20 accordance with otherwise applicable procedures under this Act.

Claims against = improvement=20 districts are to be arbitrated

47 (1) A claim against an improvement = district=20 arising out of the construction or maintenance of a dike, or out of the=20 diversion of water for the reclamation or drainage of land in an = improvement=20 district must be determined by arbitration under the Commercial = Arbitration=20 Act, and no action in respect of the claim may be brought in a court = of=20 British Columbia.

(2) With the consent of the Attorney General, an = appeal=20 from an award made on arbitration lies to the Court of Appeal.

Protection of = officers

48 An action may not be brought against = the=20 comptroller or a regional water manager, engineer, officer, registrar, = water=20 recorder, water bailiff, arbitrator or person authorized under section = 12.1 (6)=20 for anything done or left undone by the person in good faith in the = performance=20 or intended performance of an authority conferred or duty imposed under = this Act=20 or the regulations.

Restriction on = proceedings

49 Except as otherwise provided in this = Act, a=20 hearing, investigation, proceeding or order of the Lieutenant Governor = in=20 Council, comptroller, water recorder or engineer must not be questioned, = reviewed or restrained by injunction, a proceeding in the nature of = prohibition=20 or other process or proceeding in any court or be removed by a = proceeding in the=20 nature of certiorari or otherwise into any court, except for excess or = want of=20 jurisdiction.

Issue of new = licence

50 When a licence is acquired by an = improvement=20 district under section 749 of the Local Government Act or a = municipality=20 under section 310 of the Local Government Act, the comptroller = may issue=20 in its place a new licence of similar precedence but authorizing the = diversion=20 and use of or storage of water for any purpose required by the = municipality or=20 improvement district.

Incorporation of water = users'=20 communities

51 The comptroller may at any time issue = to a group=20 of 6 or more licensees a certificate of incorporation incorporating them = into a=20 water users' community with the name the comptroller considers = advisable.

Power of water users'=20 community

52 (1) A water users' community is a = public=20 corporate body and may

(a) acquire, hold and control property and = licences,

(b) acquire, construct, hold, maintain, improve, = replace=20 and operate works, and

(c) levy assessments on its members and enforce = payment of=20 those assessments by suit in a court of competent jurisdiction.

(2) A water users' community has the exclusive = control and=20 operation of the works constructed or used under the licences mentioned = in its=20 certificate of incorporation, and may refuse the use or benefit of those = works=20 to a member who is in default in paying an assessment or complying with = a rule=20 of the manager.

Manager

53 (1) The business of a water users' = community=20 must be conducted by a manager, which includes a committee of = management, who=20 must, so far as is practicable, carry out the directions set out in = resolutions=20 passed at general meetings of the water users' community.

(2) The first manager must be appointed by the = comptroller=20 and all subsequent managers must be chosen by the members of the water = users'=20 community.

(3) A manager may be removed at any time at a = meeting=20 called for that purpose.

Interests of members = defined

54 (1) The respective interests of the = members of a=20 water users' community, unless altered under subsection (2), are = proportionate=20 to the respective maximum quantities of water the members would be = entitled to=20 divert and use under the licences referred to in the certificate of=20 incorporation if each member were making the greatest possible use of = the rights=20 granted under those licences.

(2) The members of a water users' community at = any time at=20 a general meeting, on the vote of a majority in interest as shown by the = last=20 confirmed assessment roll of the water users' community, or if no = assessment=20 roll has been confirmed, then as ascertained on the basis set out in = subsection=20 (1), may determine that, after the determination, the interest of each = member is=20 in proportion to one or both of the following:

(a) the area of the member's land irrigated by = means of=20 the works operated by the water users' community;

(b) the amount of water delivered to the = member's land for=20 domestic or waterworks purposes.

Voting at meetings

55 All matters to be determined at a = meeting of a=20 water users' community must be determined by the majority in interest of = the=20 members voting on them.

Power of manager to = assess=20 members

56 (1) The manager of a water users' = community may=20 prepare an assessment roll showing

(a) the sums of money estimated to be required = by the=20 water users' community

(i) for acquisition, construction, replacement = and=20 maintenance, repair and operation of works, and

(ii) to pay the debts of the water users' = community,=20 and

(b) the sum assessed against each of the members = of the=20 water users' community, which sum must be proportionate to the member's = interest=20 in the water users' community.

(2) The assessment roll must set out the time = and place=20 for payment of the assessments.

(3) The manager must deliver or send by = registered mail to=20 each member a copy of the assessment roll, or the manager must post it = in a=20 conspicuous public place and send an assessment notice to each member = showing=20 the amount assessed against the member and stating where the assessment = roll is=20 posted.

(4) A copy of the assessment roll must also be = sent to the=20 comptroller, together with proof of compliance with the requirements of = this=20 section.

Appeals from = assessments

57 (1) A member may appeal from the = assessment made=20 against the member by filing with the comptroller, within 14 days after = the=20 mailing of the copy of the assessment roll or the assessment notice, as = the case=20 may be, a statement showing the grounds of the appeal.

(2) The comptroller, after the investigation the = comptroller considers necessary, may confirm the assessment roll or = order its=20 amendment.

(3) If no appeal from any assessment made in an = assessment=20 roll is taken, the comptroller may confirm the assessment roll.

Assessments = binding

58 An assessment roll confirmed under = section 57 is=20 binding on all persons affected by it, and a sum payable by a member = under it is=20 deemed to be in arrears 30 days after the date of payment specified, and = after=20 that bears interest at a prescribed rate.

Liability for = assessments

59 (1) A member of a water users' = community is=20 liable for that part of the debts of the water users' community that is=20 proportionate to the member's interest in the water users' = community.

(2) On disposing of the land to which is = appurtenant the=20 licence on which his or her membership is based and notifying the = manager, a=20 member may limit his or her liability for the debts of the water users'=20 community to those incurred before the notice was given.

(3) A purchaser of land to which water is = conveyed through=20 works controlled by a water users' community is liable for the = assessments made=20 and the debts of the water users' community incurred after his or her = purchase=20 of the land to the same extent as an original member, unless and until = the=20 purchaser notifies the manager that he or she does not wish to be a = member of=20 the water users' community.

Meetings of = members

60 Any 3 members may at any time call a = general=20 meeting of the water users' community on giving 2 weeks' notice to all = members=20 who reside on land to which water is conveyed by means of the works = controlled=20 by the water users' community.

Amendment, recall or = reissue of=20 certificate or dissolution of water users' community

61 (1) The comptroller may at any time = amend the=20 certificate of incorporation of a water users' community in any respect = or may=20 recall the certificate and issue another in its place and, unless = expressly=20 provided in the amending or new certificate, the amendment, recall or = reissue=20 does not impair the assets, rights, claims and financial obligations of = the=20 water users' community.

(2) The comptroller may at any time cancel the = certificate=20 of incorporation of a water users' community and make the disposition of = the=20 assets of the water users' community that to the comptroller appears = equitable,=20 and unless an appeal is taken to the minister from the comptroller's = order and=20 the appeal is allowed, the water users' community is dissolved as soon = as the=20 time for appealing has expired.

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