The appellant appealed a decision of the respondent dismissing his objection to allow an application issued to a 3rd party for a water license on Knouff Creek in the Kamloops district. The appellant’s grounds were that there was insufficient water in the creek to supply the existing licenses, the notice of application was not posted in accordance with the regulations, and the terms of the license referring to storage of water were incapable of supervision.
The Board found that there had been a technical breach of the regulations since Mr. Bruce had posted the notice in the wrong place. However, the Board found that it was not a breach which invalidated the application since all the persons entitled to object under the Water Act saw the notice of application including the appellant. The Board also found that the appellant’s concern about the quantity of water was largely a problem arising from the design of his system. The Board did find that there was concern about the storage proposal of Mr. Bruce. It ordered that any license issued be amended to include a provision that at times of low water, Mr. Bruce use water from a tank or cistern, or his own well.