Decision Date: August 14, 2000

Panel: Carol Quin, Helmut Klughammer, Ken Maddox

Keywords: Water Act – ss. 11(1), 11(2), 12(1)(f), 15(1), 18(1)(d), 18(2), 39(1), 41(1); conditional water licence; final water licence

Cliff and Lois Hinsche and Clint Thompson filed appeals against a decision of the Assistant Regional Water Manager to amend a final water licence (“FWL”), held by Iris Wright, by replacing it with conditional water licences (“CWL”). The licences allow Ms. Wright to use water from Knife Creek and Clearspring Creek for irrigation purposes on appurtenant land. These appeals were heard together. The Appellants sought an order reversing the Assistant Manager’s decision. They requested that the CWLs be cancelled, and the FWL be reinstated.

The Board was satisfied that the Appellants were aware that the FWL was under review, and had adequate opportunities to raise objections to the proposed amendments. The Board found that if the water was diverted and used according to the terms and conditions of the licences, there should be no adverse affect on the downstream licensees. The Board was satisfied that the requirements of the new licences should ensure that no more water than that authorized by the licences would be diverted and used. The Board was also satisfied that there would be adequate monitoring and enforcement of the licenses by the Water Branch to protect the rights of downstream licensees. The appeals were dismissed.