Mr. Neilsen appealed a decision of the Deputy Comptroller approving a change in a water works system to Mr. Otte upstream from Mr. Neilsen. The system was poorly designed and poorly installed and as a result caused excessive siltation to occur in Mr. Neilsen’s water.
The Board found that the Comptroller was correct in finding that there was enough water to permit ‘leapfrogging’ in this case which would allow Mr. Otte to continue to use his license. The Board further found that the Comptroller cannot authorize a license which impairs the usefulness of a prior license. The Board held that Mr. Otte’s intake could be constructed so as not to result in siltation from erosion. However the Board had no confidence that the Ministry could effectively monitor its installation. It therefore allowed the appeal and reinstated Mr. Otte’s original water license. It recommended that Mr. Otte combine his intake with another upstream user to solve the problem of siltation.