• Atco Lumber Ltd. v. Deputy Comptroller of Water Manager

    Decision Date:


    File Numbers:
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    Third Party:
    Arrow Lakes Power Development Corporation, Third Party


    Decision Date: August 31, 1999

    Panel: Toby Vigod

    Keywords: Water Act – ss.5 and 41(1); conditional water licence; consent order

    On January 22, 1999 the Deputy Comptroller granted a water licence to Arrow Lakes Power Development Corporation authorizing the construction of a 49-kilometre transmission line as part of the Keenleyside Power Plant Project. On February 12, 1999, Atco Lumber appealed the decision on the grounds that the transmission line corridor would eliminate too much of Atco Lumber’s timber supply, and it wanted the project put on hold until an alternative route with less environmental impact could be chosen.

    Atco and Arrow Lakes subsequently negotiated an agreement that resolved the issues raised in Atco’s appeal. As a result of this settlement, the parties agreed to have the appeal dismissed by consent. The Board accordingly ordered that the appeal was dismissed and that each party would bear its own costs.