Water-Centric Planning

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BC Water Sustainability Act

    CHALLENGES & GAPS IN THE WSA: “Why we need to talk about unvested water in British Columbia” – the story behind the story as told by Donna Forsyth and Mike Wei, retired senior civil servants in the Ministry of Environment (April 2022)


    When BC’s Water Sustainability Act (WSA) came into force in 2016, “certain things were left behind”. Released in January 2022, the government’s Discussion Paper on Watershed Security Strategy represents a once per decade window of opportunity to revisit assumptions and decisions that defined the WSA scope, reflect on the context for those assumptions and decisions, and determine what action should be taken in light of new understanding. “It is possible that no water-related legislation, bylaw, plan or strategy can be applied to unvested water,” stated Mike Wei.

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    STRENGTHENING THE FOUNDATION FOR WATER LAW IN BRITISH COLUMBIA: “Donna Forsyth and Mike Wei bring an informed perspective to their quest to strengthen the foundation for BC water law. They draw on decades of experience to pull threads of understanding from the past through to the present,” stated Kim Stephens, Partnership for Water Sustainability (April 2022)


    “Donna Forsyth and Mike Wei have drawn attention to a jurisdictional gap in the Water Sustainability Act because of the potential for a domino effect. Initially I had trouble wrapping my mind around why Waterbucket eNews would feature a topic related to water law. However, I do respect the passion Donna and Mike bring to a conversation about challenges and gaps in the Water Sustainability Act. So, I asked, is there a “story behind the story” that would interest our readers? The real issue, they emphasized, centres on what government cannot do when the water use involves unvested water,” stated Kim Stephens.

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    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.

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    LIVING WATER SMART IN BRITISH COLUMBIA: “What might a Water Sustainability Act 2.0 look like? Mike Wei and I identified five challenges and gaps in our submission to the Province of BC that we believe should be front-and-centre in the next round of government priorities,” stated Donna Forsyth, team leader for the drafting of the existing WSA and many of the supporting regulations when she was a legislative advisor to the Ministry of Environment (April 2022)


    “During development of the Water Sustainability Act, the stars appeared to be aligning and everything was pointing to water becoming a real priority for the government. That was our frame of reference in 2014. We believed that the initial version of the WSA would not be government’s only kick at the can. Given that water is now being recognized as such a big priority, we could say to ourselves: ‘we will be back for WSA 2.0 to deal with the things that we had to leave behind’,” stated Donna Forsyth.

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    CHALLENGES & GAPS IN THE WSA: “What might a Water Sustainability Act 2.0 look like?” – a joint submission by Donna Forsyth and Mike Wei to the government of British Columbia lays out five issues of concern (March 2022)


    “So far, the current engagement for the Watershed Security Strategy has prioritised the questions that relate to: ‘what can First Nations and local organisations do to help with the management of BC’s water’. Our submission focused on government’s actions that we believe need to be discussed and addressed in conjunction with the Watershed Security Strategy in order to unlock the full potential for sustainable water management in BC. Since climate change is all about water – too much or too little – these changes should fit into climate related initiatives as well,” stated Donna Forsyth.

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    THE WATER CYCLE IS OUT OF BALANCE: “While climate change is causing bigger and bigger storms, our alterations to the environment – especially to the ground surface – have been one of the major causes of the increased frequency of flooding events in modern times,” stated Professor Roland Ennos, University of Hull, when commenting on flood consequences in the United Kingdom (2015)


    “In the last few years I have also worked on the environmental benefits of trees in urban areas, and their role in climate-proofing our cities. We have been investigating how the cooling, shading and flood-prevention benefits they provide are affected by the species of tree and the growing conditions. All this will help us appreciate the importance of man’s long relationship with trees and with the wood they produce,” stated Roland Ennos. “To determine whether the humble tree really can provide such robust defences, we first need to understand the role they play in soaking up excess rain water,”

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    CELEBRATION OF LIVING WATER SMART, THE FIRST DECADE: “In 2008, ‘Living Water Smart, British Columbia’s Water Plan’ was the Province’s call to action, and to this day transcends governments,” wrote Kim Stephens in an Op-Ed published by the Vancouver Sun in June 2018


    “The hard work of hope has resulted in a policy, program and regulatory framework that enables community-based action to adapt to the New Normal. Living Water Smart successes are defined by collaboration and a ‘top-down / bottom-up’ approach. This brings together decision-makers and community advocates. The legislative piece is the Water Sustainability Act, one of several game-changers. A historic achievement, the Act recognizes the connections between land and water – what happens on the land matters,” stated Kim Stephens

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    WATER SUSTAINABILITY LEGISLATION IN BRITISH COLUMBIA: “Not obtaining a groundwater licence and hoping that government will never find out is doomed thinking,” say Mike Wei, formerly BC’s deputy comptroller of water rights, and David Slade, water well drilling contractor


    “If an existing groundwater user applies after March 1, 2022, they will be viewed as a completely new user and that seniority will be gone! In many watersheds, the chance of an existing user getting a licence applying after March 1, 2022 may not even be possible – imagine how that would impact the business or land owner? It may not seem like it, but we have entered a new reality. A reality of no return. Existing groundwater users need to realize this, so they can do the right (and smart) thing and apply for a licence prior to March 1, 2022,” stated Mike Wei.

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    ADDRESSING WATER CHALLENGES IN BRITISH COLUMBIA: “Water Sustainability Plans are a powerful new legal tool with a lot of potential and flexibility to address local needs and priorities across the province,” says Deborah Curran, Executive Director of the Environmental Law Centre, University of Victoria


    Understanding how Water Sustainability Plans can begin meeting the needs of communities and healthy functioning watersheds will be critical to building necessary watershed resilience and ensuring B.C.’s freshwater future, says Deborah Curran. “They haven’t yet been implemented anywhere in British Columbia, which creates an opportunity for us to really explore how they could be used to their fullest extent.” Effective and sustainable freshwater management is an urgent priority for communities if they are to achieve multiple desired outcomes.

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