Decision Date: September 10, 2002

Panel: Alan Andison

Keywords: Water Act – s. 39(1)(g); stay application; Engineer’s Directions

The Appellants appealed the Engineer’s Directions to a water bailiff regarding the regulation of water diversion, storage, and use from the Posby and Salle Lake Reservoirs. The Appellants requested a stay of the Engineer’s Directions pending decisions on the merits of their appeal.

The Board found that the Appellants would incur some irreparable harm if the stay was denied. This included potential property damage, loss of the use of portions of their property, contamination of drinking water, and the loss of fish and fish habitat.

However, on the balance of convenience, the Board was not satisfied that the irreparable harm suffered by the Appellants would outweigh harm suffered to the irrigation interests and rights of other licencees if the stay was granted.

Therefore, the application for the stay was denied.