Panel: Cindy Derkaz, Harry Higgins, Helmet Klughammer
Keywords: Water Act – s. 10, 23; Water Licence cancellation
Riverview Feed Lots Ltd. (“Riverview”) appealed an Order of the Assistant Regional Water Manager to cancel its Conditional Water Licence. The licence was cancelled for failure to construct works within the time specified in the licence. Riverview was unwilling to pay the cost of the works. It sought an order from the Board authorizing the use of “excess” water from two creeks for irrigation purposes, without constructing works to store water. The Third Parties all had irrigation and/or domestic water licenses on one of the creeks in question.
The Panel found that the Water Manager correctly exercised his discretion to cancel the licence. It found that Riverview did not construct the works within the time required, it was given an opportunity to extend the time for construction and chose not to do so, it was given proper notice of the cancellation under the Water Act, and does not want to construct the works required by the licence. The Panel concluded that Riverview did not want the licence to be reinstated, it wanted a different licence. After considering the provisions of the Water Act, the Panel held that it did not have the jurisdiction to grant Riverview the new licence that it sought. An application for a new licence must submitted to the Water Management Branch for its consideration. The appeal was dismissed.