Decision Date: November 19, 2004

Panel: Don Cummings

Keywords:  Water Act – ss. 1 – definition of “conservation purpose”, 5, 10; conservation

Don Harvey appealed the March 17, 2004 decision of the Assistant Regional Manager, (the “Regional Manager”), to refuse his application for a water licence to conserve water in an unnamed pond.  Mr. Harvey sought the licence in order to preserve the pond for wildlife, and to prevent further licensed or unlicensed use of water from the pond.

The Board found that because Mr. Harvey did not seek to construct works or use or divert water, there was no requirement for a licence for conservation purposes under the Water Act.  In addition, there was no basis to issue a licence for “conservation purposes.”  The Board noted that there was insufficient water in the watershed to support further licensing, and that sections 41(1)(s) and 41(1)(o) of the Water Act prohibit the unlawful removal of water from the pond.

Accordingly, the appeal was dismissed.