Convening for Action in British Columbia

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Mike Wei

    PATH FORWARD FOR GROUNDWATER IN BRITISH COLUMBIA: “Unless it is legislated, it is not a priority for government,” states Mike Wei, former Deputy Comptroller of Water Rights


    “Unless you have legislation that tells you what the important requirements are, it is very hard to go forward. Legislation drives scientific questions; in turn, science informs legislation. It is not a one-time thing, but rather iterative. The science forward approach which some academics advocate is a good idea but has practical challenges. One of the challenges with science forward is if it is not legislated, it is not a priority for government. Also, you do not know what the hydrologic values are going to be 30 years from now. So it is very hard to figure out what questions to ask,” stated Mike Wei.

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    DOWNLOAD A COPY OF: “Living Water Smart in British Columbia: Look beyond water flowing downhill” – released by the Partnership for Water Sustainability in March 2024


    “It got my attention when Mike Wei pointed out that the 1200 aquifers in BC are typically tiny. The median size is about twice the area of downtown Vancouver. And so they are ignored because they are not viewed as important. But you live and die at that scale. So, what is the path forward that Mike Wei suggests? Well, it has three elements that make sense to me: deploy the legislative framework to ask the right questions; use the battleground watersheds for scientific research; and protect the local interest and do it well, and do it well everywhere,” stated Kim Stephens.

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    DOWNLOAD A COPY OF: “Living Water Smart in British Columbia: A Once-in-a-Decade Opportunity to Strengthen the Foundation for Water Law” – released by the Partnership for Water Sustainability in April 2022


    “In a nutshell, ‘vesting’ is the legal concept that has historically been used to establish the government’s authority to write the laws that govern water use in BC. This means that any use of water that is unvested remains outside of those provincial laws. Vesting all water does not mean the use of every drop will or needs to be regulated. That concern is a red herring. The real issue centres on what government cannot do when the water use involves unvested water,” stated Mike Wei.

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    DOWNLOAD A COPY OF: “Living Water Smart in British Columbia: Moving Towards Water Sustainability Act 2.0” – released by the Partnership for Water Sustainability in April 2022


    “Mike Wei and I were part of the team that drafted the Water Sustainability Act (WSA) and regulations – we were “in the room” when the WSA was drafted. We have intimate knowledge of the WSA and understood that the current WSA represents the first, highest initial priorities written into law and was only the first step in modernising BC’s water legislation. We are therefore very aware that “certain things were left behind” in the first round and still need to be addressed,” stated Donna Forsyth.

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    DOWNLOAD A COPY OF: “Living Water Smart in British Columbia: Ramifications of Groundwater Licensing Crisis for BC Economy” released by the Partnership for Water Sustainability in October 2021


    “For months now, the Partnership has been raising the red flag regarding the consequences of government NOT making a last ditch, all-out effort to urge historical groundwater users to apply for their licences before the deadline. Commit $30 million annually over a 10-year period – to deal with both the fallout of a less-than-successful launch of the groundwater licensing system AND the requirements necessary to meet the objectives of the Water Sustainability Act,” stated Ted van der Gulik in his presentation to the Select Standing Committee on Government Finance.

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    DOWNLOAD A COPY OF: “Living Water Smart in British Columbia: Groundwater Users Put on Notice,” released by the Partnership for Water Sustainability in July 2021


    “Government needs to ensure that they communicate ALL of the ongoing financial risks to historical businesses and the potential devaluation of their properties, if they miss the deadline. I believe that it is very important to be crystal clear about the impacts of the end of the transition period given how the law is written. In addition to government’s two-pronged responsibility for better communication and enforcement, there is a third responsibility that all citizens can take on. We all need to recognize the importance of water as a shared resource and illegal water use is unacceptable,” stated Donna Forsyth.

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    DOWNLOAD A COPY OF: “Living Water Smart in British Columbia: The Emerging Crisis Around Groundwater Legislation Implementation” (May 2021)


    “Time is running out. The deadline for historical groundwater users to apply is only months away. Just over the horizon, there is a crisis in waiting, for landowners and for government. Groundwater is intertwined with other regulations. Without quick action, government risks other dominoes falling. There will be economic consequences for rural BC farmers, businesses, and industries. They need government to fix this. Government can turn it around if a water champion is appointed at the highest level. To be successful, this water leader must have the authority and accountability to make water a priority and remain a priority,” stated Ted van der Gulik.

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    DOWNLOAD A COPY OF: “The Emerging Crisis Around Groundwater Legislation Implementation in British Columbia” – released by the Partnership for Water Sustainability in April 2021


    Effective March 2022, the transition period for groundwater licensing ends. The implication is that ‘historical uses’ without a licence would be considered ‘new uses’. As a result, those historical users who do apply for a licence would be subject to the new rules and conditions applicable to ‘new uses’. “Leadership at the highest level and a clear strategy to motivate historical groundwater users to apply, including signalling that government will deal with unauthorized water use, would be the game-changer that groundwater licensing desperately needs right now,” stated Mike Wei.

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