LIVING WATER SMART IN BRITISH COLUMBIA: “Over the years, my thinking has evolved – from thinking ‘so why should I care’, to appreciating that legally vesting water is ultra important because of how it translates into what government can and cannot do operationally,” stated Mike Wei, former Deputy Comptroller of Water Rights with the BC Ministry of Environment, in the second article in a series on challenges and gaps in the Water Sustainability Act (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. The concern should be whether a jurisdictional gap in the WSA has a domino effect with the potential for unintended consequences,” stated Mike Wei.