B.C. Reg. 204/88
O.C. 889/88
Deposited May 13, 1988
effective June 1, 1988

Water Act; Financial Administration Act

Water Regulation

Note: Check the Cumulative Regulation Bulletin 2014
for any non-consolidated amendments to this regulation that may be in effect.

[includes amendments up to B.C. Reg. 234/2013, November 22, 2013]

Point in Time

Contents
Part 1 — Interpretation
1Interpretation
1.1Industrial purpose
Part 2 — Acquisition of Water Rights
2Application for licence
3Notice requirements
3.1Quick licensing procedures
Part 3 — Fees, Rentals and Charges
4Tariff of fees, rentals and charges
5Application for several purposes
6Repealed
7Rentals
8Local authorities
9Unauthorized diversion or works
10Repealed
11Penalty on overdue accounts
12Rentals due 1/2 yearly where rentals exceed $100 000
13Certain fees and rentals remitted under Financial Administration Act
Part 4 — Power Developments
14Application
15Power use categories
16Determination of fees, rentals and charges
17First annual rental — when due
18Rate adjustments in certain circumstances
19Additional fees in respect of certain downstream benefits
20Calculating biennial installment rentals
21Annual adjustment for commercial and general power purpose rental rates after 2010
22Exception to annual rental requirement
23Consignment agreements
23.1Remission of annual rentals payable for orders under section 88 of the Act
23.2Remission of annual rentals payable for water use plans
Part 5 — Expropriation of Land by Licensees
24Interpretation
25Consent under section 27 (4) of the Act, respecting dams
26Commencement of expropriation proceedings
27Substitute service
28Amendment of documents after commencement
29Owner may refuse or accept offer of compensation
30Applications to Supreme Court
31Procedures on application, and method and basis of compensation
32Costs of expropriation proceedings
33Repealed
34Repealed
Part 6 — Water Districts
35Water districts
Part 7 — Changes in and about a Stream
36Definitions
37Authority to make a change in and about a stream
38Limits on the authority to make a change in and about a stream
39Failure to comply with this regulation when making a change in and about a stream
40Notification
41Protection of water quality
42Protection of habitat
43Protection of other water users
44Authorization for changes in and about a stream
Part 8 — Short Term Diversion or Use of Water for Well Drilling
45Definitions
46Authority to divert or use water from a stream
47Authorization for diversion or use of water from a stream
48Protection of habitat
49Protection of other water users
50Fees
Schedule A
Schedule B
Schedule C
Schedule D

Part 1 — Interpretation

Interpretation

1  (1) In this regulation:

"Act" means the Water Act;

"approval" means an approval of the comptroller or regional water manager under section 8 of the Act;

"authorized capacity", with reference to a power development, means

(a) the capacity that the comptroller estimates is obtainable, using the total licenced flow for the power development over the available head, at an anticipated efficiency,

(b) the capacity stated in the licence for the power development, or

(c) if there is more than one licence for the power development,

(i)   the accumulated capacity of each licence, or

(ii)   the total capacity stated in the latest licence issued with respect to the power development,

and, for the purposes of paragraph (b) or (c), the capacity stated in a licence may be

(d) the estimated capacity at the time the licence is issued, or

(e) the total of the nameplate ratings of all generating units, including those not yet placed in service, stated as the capacity in an amended licence;

"construction capacity", in relation to a power development, means the portion of the authorized capacity that has not been placed in service;

"instrument" means a document relating to the transfer, charging or otherwise dealing with or affecting land or evidencing title to it;

"local authority" means a water district incorporated under an Act, municipality, improvement district, water utility under the Water Utility Act or development district;

"output" means the hydro electrical or hydro mechanical energy produced by a power development;

"point of diversion" means the place on the natural channel of a stream where an applicant proposes, or a licensee is authorized, to divert water from the stream;

"power development" means, as the context requires, either the works authorized by a single licence issued for power purpose or the works authorized in common by several such licences;

"quantity allowed" means the maximum quantity which under a licence is authorized to be diverted at a certain time or during a certain period;

"rental" means the annual rental, or rental for any other period set under this regulation, with respect to a licence, permit or authorization, whenever issued, and includes the rental set under this regulation for water diverted or used under the Water Act or another Act;

"water district", except in the definition of "local authority", means a water district referred to in section 35 and described in Schedule C.

(2) In Schedule A, "well drilling" has the same meaning as in section 45.

[am. B.C. Regs. 154/94, s. 1; 414/98, s. 1; 348/2004, s. (a); 19/2010, s. 1.]

Industrial purpose

1.1  Any use of water in British Columbia, and any use of water at a place in British Columbia, that is listed in item 1 (c), 2 (a), 4 (b), 5 (a) or 6 (b) of Part 2 of Schedule A, is designated as a use included under industrial purpose.

[en. B.C. Reg. 549/2004, s. 2 (a).]

Part 2 — Acquisition of Water Rights

Application for licence

2  (1) An application to the comptroller or regional water manager for a licence must be signed by the applicant or the applicant's agent and must include the following information:

(a) the full name of the applicant, a mailing address and a telephone number where the applicant or his agent may be contacted;

(b) the official name or a clear description of the proposed reservoir or source of supply or reservoir and source of supply;

(c) the stream or body of water, if any, to which the proposed source of supply discharges or is immediately tributary;

(d) the purpose for which the water is to be used;

(e) the quantity of water proposed to be diverted or stored, or diverted and stored, or the amount of power to be generated;

(f) the legal description of the land, mine or location where the water is to be used;

(g) the applicant's title to or interest in the land, mine or location where the water is to be used;

(h) the area of land to be irrigated, if applicable;

(i) the location of the point of diversion or storage, or diversion and storage, relative to some other known point;

(j) details of the proposed works and the legal description of all lands on which it is proposed to construct works, or that will be affected by flooding;

(k) an accurate, labeled drawing showing the land, mine or location where water is proposed to be used, the approximate location of the proposed works and any land that may be physically affected.

(2) Repealed. [B.C. Reg. 456/2003, s. 1 (b).]

(3) At the time of application, the person applying must pay the appropriate application fee, as set out in Part 1 of Schedule A.

[am. B.C. Regs. 221/89, s. 1; 337/91 (a); 45/2000, s. 2; 456/2003, s. 1; 234/2013, s. 1.]

Notice requirements

3  (1) The comptroller or regional water manager may require that the applicant place signed copies of the application in a secure manner at locations specified by the comptroller or regional water manager.

(2) At a time or times the comptroller or regional water manager considers appropriate during consideration of an application for a licence, notice of the application shall be given to

(a) any licensee or applicant for a water licence whose rights will not be protected by the precedence of his licence or application,

(b) any riparian owner whose rights may be prejudiced by the granting of the application,

(c) any owner whose property may be physically affected by the applicant's works, and

(d) any other person, agency or minister of the Crown whose input the comptroller or regional water manager considers advisable.

(3) The comptroller or regional water manager may, in an appropriate case, require the applicant for a licence to publish notice of the application in a newspaper approved by the comptroller or regional water manager.

(4) The time within which a notice of objection to the granting of an application for a licence may be filed under section 11 (1) of the Act is the 30 day period commencing on the day notice of the application is given.

(5) A licensee, riparian owner or applicant for a licence who considers that his rights would be prejudiced by the granting of a licence and who satisfies the comptroller or regional water manager that he was not given notice of the application for the licence may file an objection to the granting of the licence at any time before issuance of the licence applied for.

Quick licensing procedures

3.1  (1) In this section:

"application for a change of works", in respect of a licence, means

(a) a proposal to amend the licence under section 18 of the Act,

(b) an application for a transfer of appurtenancy under section 19 of the Act, or

(c) a proposal for an apportionment under section 20 of the Act,

if the proposal or application proposes one or both of

(d) works additional to the works previously authorized by the licence, and

(e) changes to the works previously authorized by the licence;

"deliver", in respect of a document, includes electronic delivery, including, without limitation, delivery by electronic mail or fax.

(2) A reference in this section to "owner" does not include an owner that is the government but, despite this, section 26 of the Act continues to apply in the case of Crown land that is or is likely to be physically affected by proposed works or by changes to authorized works.

(3) Section 3 does not apply to a licence application that is accepted for filing under section 12.1 of the Act.

(4) An application for a licence does not qualify as an eligible application under section 12.1 of the Act unless, before the application is considered,

(a) the applicant delivers or causes to be delivered a copy of the following to each owner, if any, whose parcel of land is or is likely to be physically affected by the applicant's works:

(i)   a copy of the application;

(ii)   a copy of the drawing referred to in section 2 (1) (k) of this regulation;

(iii)   a copy of a Landowner's Consent Form in Form 1 of Schedule D, and

(b) the applicant submits, for each parcel of land referred to in paragraph (a), a Landowner's Consent Form in Form 1 of Schedule D, completed and signed by the owner of the parcel or by that owner's agent and to which is attached

(i)   a copy of the application, and

(ii)   a copy of the drawing referred to in paragraph (a) (ii) signed by the owner of the parcel or by that owner's agent.

(5) An application for a change of works does not qualify as an eligible application under section 12.1 of the Act unless, before the application is approved,

(a) the holder of the licence authorizing the works to be changed delivers or causes to be delivered a copy of the following to each owner, if any, whose parcel of land is or is likely to be physically affected by the proposed change to the works:

(i)   the application, including an accurate description of the proposed change to the works;

(ii)   one or more accurate, labeled drawings showing

(A)  the scale of the drawing,

(B)  the location of all existing and proposed works, and

(C)  the following if applicable:

(I) in the case of a transfer of appurtenancy, the existing and proposed appurtenancies;

(II) in the case of an apportionment, the subdivision or the proposed subdivision, as the case may be, of the land appurtenant to the licence, including the boundaries of each parcel in the subdivision;

(iii)   a Landowner's Consent Form in Form 2 of Schedule D;

(iv)   the plat issued with the licence or, if no such plat was issued, the drawing referred to in section 2 (1) (k) of this regulation, and

(b) the holder of the licence submits, for each parcel of land referred to in paragraph (a), a Landowner's Consent Form in Form 2 of Schedule D, completed and signed by the owner of the parcel or by that owner's agent, and to which is attached

(i)   a copy of the application, and

(ii)   a copy of the drawings referred to in paragraph (a) (ii) signed by the owner of the parcel or by that owner's agent.

(6) Repealed. [B.C. Reg. 234/2013, s. 4.]

[en. B.C. Reg. 45/2000, s. 3; am. B.C. Reg. 234/2013, ss. 2 to 4.]

Part 3 — Fees, Rentals and Charges

Tariff of fees, rentals and charges

4  (1) Schedule A, together with the relevant provisions of this regulation, is established as the tariff of the fees, rentals and charges referred to in section 100 of the Act.

(2) A reference in this regulation to a fee, rental or charge is reference to the applicable fee, rental or charge payable at the rate or rates set out in Schedule A.

[am. B.C. Reg. 309/2004, s. (a).]

Application for several purposes

5  Where an application for a water licence indicates that water is to be used for more than one purpose, the application fee shall be the sum of the fees that would be payable if a separate application were made in respect of each purpose.

Repealed

6  Repealed. [B.C. Reg. 456/2003, s. 2.]

Rentals

7  (1) When issuing a licence, the comptroller, in accordance with this section, must set

(a) the date that the first rental is due and the rental due date for subsequent rental periods, and

(b) the duration of the first rental period and the duration of the ordinary rental period for the purpose of all subsequent rental periods.

(2) For the purposes of all licences except those to which subsection (4) applies,

(a) the rental period, except for the first rental period, is one year, and

(b) the first rental period is one year or any period less than one year.

(3) Payment of the rental for each rental period under a licence is due,

(a) except for the first rental period, on the rental due date set under subsection (1) for ordinary rental periods for the licence, and

(b) for the first rental period, on the date set by the comptroller.

(4) If the total amount of annual rental or rentals, determined under Schedule A, for all licences held by a licensee in a region on the date for which the rental statement is calculated is or would be $60 or less, the comptroller must, for each licence,

(a) set the duration of the ordinary rental period of the licence for a period of 3 years, and

(b) set the duration of the first rental period for a period less than or equal to 3 years to accord with the date on which rentals for the 3 year ordinary rental period for that region are payable.

(5) If a licensee holds licences appurtenant to parcels of land located in different regions but the total amount of annual rentals for the purposes of subsection (4) is or would be $60 or less, subsection (4) applies and the comptroller must administer the licences for rental billing purposes as if all of the licences related to land located in only one of the regions.

(6) If a licence referred to in subsection (4) is transferred to a new owner and the land to which it is appurtenant is situated in a different region than the region chosen as the administrative region for the purposes of the group of licences of which it previously formed a part, subsection (4) (b) or (5) applies so that the comptroller can reconcile the billing schedule for that licence with that of other licences held by the new owner.

(7) Repealed. [B.C. Reg. 456/2003, s. 3.]

(8) The first rental must be calculated by adjusting the appropriate rental according to the number of days left until the next rental due date.

(9) Repealed. [B.C. Reg. 456/2003, s. 3.]

(10) Rentals for a rental period are payable in advance on the rental due date to the government by the licensee in respect of every purpose for which the licence is issued, whether or not the rights granted under the licence are exercised.

(11) Rentals must be calculated and are payable when due in accordance with the tariff in effect on the rental due date.

(12) If, by the amendment of a licence or the substitution of one licence for another, the maximum quantity of water which may be diverted or the maximum amount of power which may be developed is changed or the conditions of or purpose of the licence changes, the comptroller must make an appropriate adjustment of the rental and must determine the effective date of the adjustment.

(13) If, for the purposes of subsection (12) the comptroller makes an adjustment of the rental for a licence resulting in a higher rental, the comptroller must issue a rental statement for the additional rental prorated for the balance of the appropriate rental period taking into account whether the total annual rentals, including the additional rental, are or would be $60 or less.

(14) If, for the purposes of subsection (12) the comptroller makes an adjustment of the rental for a licence resulting in a lower rental, the next rental statement must be for a period that takes into account whether the total annual rentals are or would be $60 or less, and subsection (4) (b) applies.

[en. B.C. Reg. 414/98, s. 2; am. B.C. Regs. 456/2003, s. 3; 549/2004, s. 2 (b).]

Local authorities

8  (1) Every local authority shall annually pay a single rental consisting of

(a) the rental determined under the tariff and based on the quantity of water that the comptroller determines has been used by the local authority, for waterworks purposes, irrigation purposes or both, and

(b) the aggregate of all rentals due with respect to any other licences or permits, for purposes other than waterworks purposes or irrigation purposes, held or exercised by the local authority.

(2) For the purpose of determining the rental in subsection (1), the comptroller shall require that every local authority complete a report on its consumption of water for the previous calendar year.

(3) Where a report required under subsection (2) has not been filed by the time the rental is to be calculated or the comptroller considers that an accurate measurement of the water diverted is not available, he may determine the quantity of water which has been used, based

(a) for waterworks purposes, on rates of consumption per person served or per connection, and

(b) for irrigation purposes, on irrigation water applied per acre,

that he considers reflect an average for the climatic area concerned.

Unauthorized diversion or works

9  The fees, rentals and charges in Schedule A apply and are payable in respect of

(a) water diverted or used from a stream, other than a diversion referred to in, and done in accordance with, section 42 of the Act, and

(b) works constructed or being constructed,

whether the diversion, use or works are under the authority of a licence or not, and whether the quantity of water diverted or used is within the amount authorized under a licence or not.

Repealed

10  Repealed. [B.C. Reg. 24/2011, s. 1.]

Penalty on overdue accounts

11  (1) If a balance of a fee, rental or charge in respect of a licence remains unpaid on the rental due date for the licence, there shall, on the next day, be added to the fee, rental or charge a percentage of that unpaid balance that is one percent higher than the percentage component of the prime lending rate on that day of the principal banker to the Province.

(2) The percentage addition under subsection (1) is due and payable as part of the fee, rental or charge, as the case may be.

Rentals due 1/2 yearly where rentals exceed $100 000

12  Where the total amount of annual rentals payable by a licensee on all licences held by him exceeds $100 000, that total amount shall be payable in 2 approximately equal installments on March 31 and September 30 of each year.

Certain fees and rentals remitted under Financial Administration Act

13  (1) Remission is hereby authorized of the application fees for a licence, permit or approval or any amendment thereof, and of the rentals with respect to a licence or permit, if

(a) the Crown, as represented by any minister appointed by the Lieutenant Governor of British Columbia or the Governor General of Canada, is the applicant for the licence, permit or approval or is the holder of the licence or permit, or

(b) subject to subsection (2), the licence or approval would authorize the use of water on land reserved for Indians under the Indian Act (Canada), or the permit would authorize the occupation or flooding of Crown land by Indians as defined in that Act.

(2) Notwithstanding the remission authorized by subsection (1), rentals shall be payable at the rates set out in Schedule A in respect of any licence authorizing the use of water on land reserved for Indians under the Indian Act (Canada) if the land is wholly or partly leased by any person who is not an Indian as defined in that Act, and the amount of the rentals shall be calculated based on the proportion of the water that is utilized by persons who are not Indians.

(3) Remission is authorized of a fee payable in respect of

(a) an approval as defined in the Act, or

(b) a permit issued under section 26 of the Act given to the holder of an approval as defined in the Act, authorizing the flooding of Crown land or the construction, maintenance or operation on the land of works authorized under the approval,

if the approval is granted or the permit is issued by the Oil and Gas Commission under section 8 of the Oil and Gas Activities Act.

[am. B.C. Regs. 348/2004, s. (b); 269/2010, Sch. s. 24.]

Part 4 — Power Developments

Application

14  (1) This Part applies only to

(a) licences and applications for power purpose,

(b) licences and applications for storage purpose, where water is, or is intended to be, used for generation of power, and

(c) permits and applications for permits, where the land is, or is intended to be, used in connection with the generation of power, and a reference in this Part to a rate, fee, rental or charge is a reference to the applicable rate, fee, rental or charge in Part 2 of Schedule A.

(2) Except where a provision in this Part conflicts or is inconsistent with the other provisions of this regulation, those other provisions also apply.

(3) Where the rate, fee, rental or charge that is otherwise applicable under Part 2 of Schedule A is less than the minimum, if any, set out in Part 2 of Schedule A, then the rate, fee, rental or charge payable shall be that minimum.

Power use categories

15  (1) The categories of power use are as follows:

(a) "residential" means a power use where the capacity and energy generated from a power development, which does not exceed an authorized capacity of 50 kW, is used to supply the household requirements of the licensee, including the requirements of any outbuildings, and may also be used in part to participate in the BC Hydro Net Metering Program;

(b) "commercial" means a power use other than residential where the capacity and energy generated from a power development or developments owned by the licensee, or the entitlement to capacity and energy derived from water licences held by the licensee,

(i)   is used by the licensee or may be sold by the licensee to immediate family members, employees or tenants of the licensee where the licensee's power development or developments does not exceed an authorized capacity of 499 kW,

(ii)   is used for the extraction or processing of natural resources, or the manufacturing of products, in a primary industrial facility in which the licensee has an interest of more than 50%, or

(iii)   is used in a facility that is adjacent to and integrated with a primary industrial facility in which the licensee has an interest of more than 50%, but only to the extent that the capacity and energy used in the adjacent and integrated facility is for the production of output consumed in or for the use of the industrial processes of the licensee;

(c) "general" means

(i)   a power use where the capacity and energy generated is from a power development or developments owned by a public utility regulated by the British Columbia Utilities Commission under Part 3 of the Utilities Commission Act,

(ii)   a power use where the capacity and energy generated from a power development or developments exceeds that necessary to supply the licensee's capacity and energy requirements as defined by the commercial use category, or

(iii)   any power use which is not residential or commercial.

(2) For the purposes of subsection (1) (b) (iii), the licensee must be exempt under section 22 or 88 of the Utilities Commission Act for the disposition of capacity and energy to the adjacent and integrated facility.

[en. B.C. Reg. 154/94, s. 2; am. B.C. Reg. 195/2009, s. (a).]

Determination of fees, rentals and charges

16  (1) The application fee for a licence for power purpose shall be based on:

(a) the intended capacity, if the applicant intends to install generating equipment;

(b) the anticipated additional output produced in a single normal year at all sites where the water is to be used, if the applicant does not intend to install generating equipment.

(2) The comptroller may determine the fees, rentals and charges using

(a) records of operation submitted by the licensee of the power development,

(a.1) power sales records of the licensee and power consumption and output records of adjacent and integrated facilities, necessary to determine that all or any part of the capacity and output of a power development or developments should be charged under the commercial power use category described in section 15 (1) (b) (iii),

(b) information obtained by an inspection pursuant to section 22 of the Act, and

(c) other relevant evidence.

(3) Annual rentals shall be determined at the appropriate rates according to the categories of power use.

(4) For the commercial and general categories, there shall be separate rental charges at the rates for the calendar year when the determination is made, with the charge or charges being based on

(a) the licensee's construction capacity, if any,

(b) the balance of the authorized capacity other than construction capacity, and

(c) subject to subsection (5), the total of the output from all power developments owned or operated by a single licensee during the preceding calendar year.

(4.1) The comptroller must use the amount of capacity and output assessed to a licensee at the commercial power use rate as the base from which the capacity and output charges under the general power use rate will be determined under subsection (4).

(5) Where output transfers in accordance with sections 19 and 23 have taken place during the calendar year immediately preceding the calendar year of a determination under subsection (4), the total of the output referred to in subsection (4) (c) shall be adjusted to reflect the requirements of sections 19 and 23.

[am. B.C. Reg. 154/94, s. 3.]

First annual rental — when due

17  The first annual rental is payable on issue of the licence or upon commencement of construction of the works authorized under the licence, whichever occurs first.

Rate adjustments in certain circumstances

18  (1) When the licensee of a power development intends to remove a unit of the powerplant from service for replacement of a substantial portion thereof in order to improve the unit's efficiency,

(a) he shall notify the comptroller of his intention,

(b) during the period of replacement, rentals payable on the said unit shall be charged at the rate for construction capacity, and

(c) if the replacement unit is of a greater capacity than the previous one, but uses no more water, the authorized capacity on which rentals shall be charged shall change on the day that the unit recommences operation.

(2) Subsection (1) does not apply to the removal or replacement of a unit as part of routine maintenance.

(3) When construction capacity becomes operational, the rental rate to be charged shall change, with effect from the day on which the capacity becomes operational.

(4) Where all or part of the authorized capacity is not electrical in nature, the electrical equivalents for capacity and output may be determined, for rental purposes, by assuming that one kilowatt is equal to 1.341286 horsepower.

Additional fees in respect of certain downstream benefits

19  (1) In this section "downstream owner" means an owner, part owner or operator of a downstream plant outside the Province.

(2) Subject to subsection (8), where the holder of a licence for storage purposes

(a) operates the storage facilities for the purpose of enabling a downstream hydro-electric plant outside the Province to generate greater amounts of electricity than the level it could generate if the storage facilities were not so operated, and

(b) receives a benefit for doing so from a downstream owner,

then, in addition to any fees, rentals or charges payable by the licensee for storage purpose under any other section of this regulation, he shall pay the fees determined under this section.

(3) The additional fee referred to in subsection (2) shall be determined at the appropriate rate for annual rentals upon output.

(4) The rate for output shall be the higher of

(a) the rate applicable to the licensee in calculating the other annual rentals upon output payable by him under this regulation, or

(b) the rate that would apply to the downstream plant if it were in the Province.

(5) Where the licensee is also the downstream owner, the additional fee referred to in subsection (2) shall be based on the amount by which the hydro-electrical energy available at the downstream plant increases due to the operation of the upstream storage facilities.

(6) Where, in return for operating the upstream storage facilities, a licensee who is not a downstream owner receives hydro-electrical energy from a downstream owner, the additional fee referred to in subsection (2) shall be based on the amount of hydro-electrical energy so received.

(7) Where, in return for operating the upstream storage facilities, a licensee who is not a downstream owner receives benefits other than hydro-electrical energy from a downstream owner, the additional fee referred to in subsection (2) shall be the fee that the licensee would be required to pay under this section if he were a licensee described in subsection (5) and receiving 1/2 of the amount by which the hydro-electrical energy generated by the downstream plant is increased due to the operation of the upstream storage facilities.

(8) Fees determined under this section shall be payable in the calendar year following that in which the licensee incurs the fee, but for the purpose of any fee calculation under this section the rate for output shall be the rate for output for the calendar year in which the fee is payable, notwithstanding that the licensee incurred the fee during the preceding calendar year.

(9) This section does not apply to those portions of the downstream power benefits described in the Columbia River Treaty that were sold within the United States of America under the terms of the Sales Agreement of 1964.

Calculating biennial installment rentals

20  (1) This section applies only to licensees who are required to pay annual rentals in 2 installments due by March 31 and September 30 respectively.

(2) The amount of first installment rentals upon output shall be based upon half of the output during the latest 12 month period for which data are available.

(3) First installment rentals other than those upon output shall be half of the rentals for the full calendar year.

(4) The second installment rentals shall be the balance due after deduction of amounts paid in accordance with subsections (2) and (3).

Annual adjustment for commercial and general power purpose rental rates after 2010

21  (1) If a fee, rental rate or charge in Item 11.1 of Part 3 of Schedule A is indicated as being adjusted, the rental due for the 2011 calendar year and for each subsequent year must be computed using the calculation set out in Schedule B, with the result rounded off to the nearest one tenth of a cent.

(2) The comptroller must publish annually

(a) the annual percentage change, as defined in section 1 (1) of Schedule B, for the previous calendar year, and

(b) the resulting rental rates for the current year.

[en. B.C. Reg. 24/2011, s. 1.]

Exception to annual rental requirement

22  A licensee is not required to pay annual rentals in respect of hydro-electrical energy that the licensee is obliged at law to deliver free of charge to an owner or operator of a downstream hydro-electric plant outside the Province as compensation for losses of hydro-electrical capacity, energy or both at that plant suffered as a result of

(a) the licensee's operation of the upstream storage or power facilities that are the subject of his licence, or

(b) filling the licensee's reservoir for the first time.

Consignment agreements

23  (1) In this section "consignment agreement" means an agreement between 2 licensees of hydro-electric projects under which the consignor delivers electrical energy to the consignee for the latter's immediate use and the consignee establishes an energy account in favour of the consignor, in accordance with standard utility practice.

(2) Where a licensee of a hydro-electric project has reason to believe that

(a) the amount of water available for generating electrical energy is likely to exceed the amount required to meet the demand for electrical energy from his project, and

(b) due to insufficient storage capacity, unavoidable spilling of water from his reservoir could occur,

he may, with the object of making more effective use of the available water, enter into a consignment agreement.

(3) The licensee who is the consignor shall forthwith notify the comptroller of the consignment agreement.

(4) Disposition of all or part of an energy account established under a consignment agreement may be accomplished or occasioned by one or more of the following:

(a) delivery of energy to the consignor by the consignee;

(b) sale of the energy account itself to the consignee by the consignor;

(c) unavoidable spilling of water from the consignee's reservoir.

(5) Where a consignment agreement has been established, water rentals shall be paid on the following basis:

(a) on delivery of energy to the consignee, he shall be liable for the rentals on it at the rate he would have paid if he had produced it himself;

(b) on disposition of all or part of an energy account in the manner described in subsection (4) (a) or (b), the consignor shall be liable for rentals on the equivalent amount of energy at the same rate he pays for energy produced by him that is not delivered to a consignee under a consignment agreement.

Remission of annual rentals payable for orders under section 88 of the Act

23.1  (1) In this section and in section 23.2, "power development" includes storage recognized in a licence for storage purpose as supporting storage for that power development.

(2) Authorization is given for remission of a part of the annual rentals payable in respect of a power development on the following conditions:

(a) the comptroller is conducting a review of the licences in respect of the power development and of the operation of the power development;

(b) during the preceding calendar year the diversion, rate of diversion, storage, carriage, distribution and use of water by the licensee has been regulated by an order under section 88 of the Act, and

(i)   the effect of the order has been to reduce the power benefits to the licensee in favour of other benefits, which may include benefits for fish, fish habitat, flood protection, recreation or otherwise, and

(ii)   the comptroller is satisfied that the licensee has operated the power development in accordance with the order;

(c) the licensee has begun to prepare a water use plan for the power development in accordance with water use plan guidelines published by the government;

(d) the licensee has provided information on the operation of the power development during the preceding calendar year as required by the comptroller.

(3) The authorization for remission under subsection (2) ceases to have effect when the amount that is to be remitted under this section for the calendar year in which the order referred to in subsection (2) (b) is rescinded has been remitted to the licensee.

(4) The amount to be remitted under subsection (2) in a calendar year must be

(a) subject to subsection (5), based on an estimate of the long-term cost to replace the foregone power benefits as agreed by the licensee and the comptroller or, failing agreement, as may be otherwise established by the comptroller, and

(b) deducted from the total annual rentals payable by the licensee.

(5) The total amount of remissions authorized under this section in each calendar year must not exceed $3.6 million.

(6) If the annual rentals payable are payable in 2 installments in a calendar year, an estimate of one half of that calendar year's remission must be deducted from the first installment and the balance of that calendar year's remission must be deducted from the second installment.

[en. B.C. Reg. 347/2004; am. B.C. Reg. 195/2009, s. (b).]

Remission of annual rentals payable for water use plans

23.2  (1) In this section, "increased costs" includes increased costs to a licensee resulting from a condition of an order, new licence or amended licence referred to in subsection (2) (c) that requires a licensee to collect, analyze or report specified information to the comptroller.

(2) Authorization is given for remission of a part of the annual rentals payable in respect of a power development on the following conditions:

(a) the comptroller has completed a review of the licences in respect of the power development and made any changes to the licences that are necessary to

(i)   provide a clear description of the rights granted and obligations imposed in respect of the power development, and

(ii)   provide a basis for monitoring compliance with and enforcement of the licences and the terms and conditions of the licences;

(b) the licensee has

(i)   completed a water use plan in respect of the power development in accordance with water use plan guidelines published by the government, and

(ii)   submitted the water use plan to the comptroller for review;

(c) the comptroller has ordered or authorized the licensee to operate the power development as contemplated by the water use plan as submitted or as modified by the comptroller, including by or as a condition of

(i)   an order made under section 88 of the Act,

(ii)   a new licence issued under section 12 of the Act, or

(iii)   a licence amended under section 18 of the Act;

(d) the order, new licence or amended licence referred to in paragraph (c) was in effect during the preceding calendar year;

(e) compliance with the order, new licence or amended licence referred to in paragraph (c) has caused

(i)   a net loss of revenue to the licensee from power production, or

(ii)   increased costs to the licensee

at the power development that is the subject of the order, new licence or amended licence, in favour of benefits other than power benefits, which may include benefits for fish, fish habitat, flood protection, recreation or otherwise;

(f) the licensee has provided information as required by the comptroller on

(i)   the operation of the power development, or

(ii)   any other aspect of the power development

during the preceding calendar year;

(g) the comptroller is satisfied that the licensee has, during the preceding calendar year, substantially complied with the order, new licence or amended licence referred to in paragraph (c);

(h) the total amount of the remission over the period of the remission schedule, as determined under subsection (3),

(i)   in respect of the Peace River Water Use Plan,

(A)  is approved by the Lieutenant Governor in Council, or

(B)  is varied by, and approved as varied, by the Lieutenant Governor in Council, or

(ii)   in respect of all other water use plans, is approved by the chair of Treasury Board.

(3) Subject to subsections (2) (h) (i) and (4), the amount to be remitted under subsection (2) in a calendar year must be

(a) equal to

net loss of revenue + (increased costs — net gain in revenue),

(b) determined by applying a methodology as agreed by the licensee and the comptroller or, failing agreement, as may be otherwise established by the comptroller, for

(i)   calculating the net loss of and net gain in revenue to the licensee from power production and the increased costs to the licensee at the power development that have resulted from compliance with an order, new licence or amended licence referred to in subsection (2) (c) in respect of the power development, and

(ii)   a schedule for remission to the licensee, covering a period not longer than 20 years, of annual rentals payable by the licensee in respect of a power development as calculated in accordance with subparagraph (i), commencing in the calendar year following the calendar year in which the order, new licence or amended licence referred to in subsection (2) (c) is made or issued, and

(c) deducted from the total annual rentals payable by a licensee in respect of a power development.

(4) The total amount of remissions authorized under this section in each calendar year must not exceed $50 million.

(5) If the annual rentals payable are payable in 2 installments in a calendar year, an estimate of one half of that calendar year's remission must be deducted from the first installment and the balance of that calendar year's remission must be deducted from the second installment.

[en. B.C. Reg. 347/2004; am. B.C. Reg. 195/2009, s. (c).]

Part 5 — Expropriation of Land by Licensees

Interpretation

24  In this Part:

"court" means the Supreme Court;

"land" includes an estate or interest in or easement over land.

[am. B.C. Reg. 147/2006, s. (a).]

Consent under section 27 (4) of the Act, respecting dams

25  Where the holder of a licence that authorizes the construction of a dam intends to expropriate land that would be flooded if the dam were constructed and utilized, he may, by means of a petition to the Lieutenant Governor in Council, seek the consent that is required under section 27 (4) of the Act for such an expropriation.

Commencement of expropriation proceedings

26  Where any licensee, including the holder of a licence referred to in section 25, has a right under section 27 of the Act to expropriate land, intends to exercise that right and is unable to reach agreement with the owners of the affected land as to

(a) what land is reasonably required,

(b) the amount of compensation, or

(c) the terms of the required conveyance or other instrument,

the licensee may commence expropriation proceedings by filing with the comptroller and the registrar, and by serving on each owner of the affected land, the following documents:

(d) notice of intent to acquire the land;

(e) a plan showing the area the licensee wishes to acquire;

(f) a draft of the instrument in the form of a conveyance or other instrument considered necessary to vest in the licensee the title to or right over that land in which

(i)   the land affected shall be legally described,

(ii)   the land benefiting from the easement shall be legally described, and

(iii)   the character of the works to be constructed and maintained within the easement shall be stated;

(g) a statement of the amount of compensation offered.

Substitute service

27  Where the comptroller is satisfied that an expropriating licensee has been unable, after reasonable efforts, to effect service on an owner pursuant to section 26, the comptroller may direct substituted service of the documents referred to in section 26 (d) to (g).

Amendment of documents after commencement

28  (1) At any time before an application is made under section 30, the expropriating licensee may amend the documents referred to in section 26 (d) to (g).

(2) Where he makes an amendment under subsection (1), the expropriating licensee shall refile and serve the amended documents in accordance with section 26.

Owner may refuse or accept offer of compensation

29  Each owner of affected land may, within 30 days after service on him under section 26, notify the expropriating licensee and the comptroller whether or not that owner will accept the compensation offered and execute the instrument described in section 26 (f).

Applications to Supreme Court

30  After expiration of the 30 day period referred to in section 29, the expropriating licensee or an owner of the affected land may commence an action in the court for a determination of the following matters:

(a) the amount of compensation to be paid for the affected land;

(b) the nature and terms of the conveyance or instrument required to give effect to the expropriating licensee's right under section 27 of the Act to expropriate the land reasonably required in accordance with that section.

[am. B.C. Reg. 147/2006, s. (b).]

Procedures on application, and method and basis of compensation

31  (1) Sections 26 (1) (d), 27, 31 to 44 and 50 of the Expropriation Act apply in respect of a determination under section 30 (a), except that, for the purposes of this regulation,

(a) "date of expropriation" in any of those provisions means the date notice of intent referred to in section 26 (d) of this regulation, is filed with the registrar,

(b) the references to "the expropriation notice under section 6 (1) (a) or order under section 5 (4) (a)" in sections 33 (c), 35 (2) and 38 (1) (b) of that Act shall be read as references to the notice of intent referred to in section 26 (d) of this regulation, and

(c) a reference to the "expropriating authority" in any of those provisions shall be read as a reference to an expropriating licensee under the Water Act.

(2) It is the duty of the court to determine the matters referred to in section 30 (b) of this regulation, and the court has the powers necessary to determine those matters.

(3) Without limiting the generality of this section, the powers of the court under the Expropriation Act apply in respect of the determination of an application under section 30.

[am. B.C. Reg. 147/2006, ss. (c) and (d).]

Costs of expropriation proceedings

32  (1) Where the court makes a determination under section 26 (1) (c) or (d) of the Expropriation Act as adopted by section 31, it shall also determine the reasonable costs of the expropriation proceedings as necessary for the purposes of subsections (2) to (7).

(2) Where the compensation awarded to an owner is greater than 115% of the amount of compensation offered to the owner, as set out in the statement referred to in section 26 (g), the court shall award the owner his costs and include the costs in the award of compensation.

(3) Where the compensation awarded to an owner is 115% or less of the amount of compensation offered to the owner, as set out in the statement referred to in section 26 (g), the court has a discretion to award the owner all or part of his costs and the court shall, if it awards any costs to the owner, include the amount of the costs in the award of compensation.

(4) Where the compensation awarded to an owner is 100% or less of the amount of compensation offered to the owner, as set out in the statement referred to in section 26 (g), the court may, in its discretion,

(a) award costs to the owner and include the costs in the award of compensation, or

(b) award costs to the licensee.

(5) On a claim under section 41 (3) of the Expropriation Act as adopted by section 31, the court may award, in its discretion, costs to the owner or the licensee.

(6) Where the court awards costs to the licensee under subsection (4) or (5), it shall deduct the amount of costs from the award of compensation.

(7) Section 45 (3), (7) to (9) and (10) (b) (i) and (c) of the Expropriation Act applies for the purposes of this section.

[am. B.C. Reg. 147/2006, ss. (c) and (e).]

Repealed

33  Repealed. [B.C. Reg. 147/2006, s. (f).]

Repealed

34  Repealed. [B.C. Reg. 456/2003, s. 4.]

Part 6 — Water Districts

Water districts

35  The Province is divided into the 26 water districts described in Schedule C.

Part 7 — Changes in and about a Stream

Definitions

36  In this Part:

"acid generating rock" means rock that when ground to paste has a paste pH of less than 4.5;

"changes in and about a stream" means changes in and about a stream defined in section 1 of the Water Act;

"clear span bridge" means a single span structure without piers which spans a stream channel from top of bank to top of bank with the bridge abutments outside the stream channel;

"culvert" means one or more pipes, pipe arches, or structures covered with soil and lying below the road surface, used to carry water, but does not include log structures;

"embankment" means a structure of earth, gravel or similar material raised above the surrounding land surface;

"engineer" means an engineer defined in section 1 of the Water Act;

"erosion" means the wearing away, by water, of the banks or bed of a stream or of the materials used in any works;

"fish bearing waters" means a stream having a fish population present at some time during the year;

"habitat" means the areas in and about a stream including

(a) the quantity and quality of water on which fish or wildlife depend directly or indirectly in order to carry out their life processes, and

(b) spawning grounds and the nursery, rearing, food supply and migration areas;

"habitat officer" means a public service employee designated in writing by the regional director for the regional office of the minister's ministry where the public service employee is employed;

"municipality" means a municipality or regional district incorporated under the Municipal Act or the City of Vancouver;

"natural state" means as close as possible to the state that existed before the change in and about the stream began;

"public utility" means a public utility defined in section 1 of the Utilities Commission Act or a federally regulated public utility;

"professional engineer" means a member in good standing of the Association of Professional Engineers and Geoscientists of British Columbia;

"scour" means to scour the stream bed by water action;

"stream" means a stream defined in section 1 of the Water Act;

"stream channel" means a stream channel defined in section 1 of the Water Act;

"works" means works defined in section 1 of the Water Act;

"worksite" means the area required for the construction of works in and about a stream.

[en. B.C. Reg. 241/95; am. B.C. Regs. 109/2002, s. 1; 4/2010, s. 3.]

Authority to make a change in and about a stream

37  (1) A change in and about a stream must not proceed unless it is

(a) authorized by an approval, licence or order, or

(b) made in compliance with this regulation.

(2) If a change in and about a stream is authorized by an approval, licence or order, this regulation, except subsection (3), does not apply to the change in and about the stream.

(3) If the engineer is of the opinion that a proposed change in and about a stream may have a significant detrimental impact on the nature of the stream or stream channel, the engineer may require that an application for an approval or a licence be made in connection with the proposed change in and about a stream.

(4) The fact that a change in and about a stream meets the requirements of subsection (1) does not relieve the person carrying out the change in and about the stream from

(a) the requirement to comply with all applicable federal, provincial or municipal enactments, and

(b) if the change in and about a stream will occur on Crown land or land owned by another person, from the requirement to obtain the approval of the owner before proceeding.

[en. B.C. Reg. 241/95.]

Limits on the authority to make a change in and about a stream

38  (1) A person must not make a change in and about a stream unless that person

(a) provides, on request, information that the engineer, officer or habitat officer requires to assess the impact on the nature of the stream or stream channel, and

(b) once commenced, completes the change without delay except if a delay is necessary to preserve the nature of the stream or stream channel.

(2) A change in and about a stream must be designed, constructed and maintained in such a manner that the change does not pose a significant danger to life, property or the environment.

[en. B.C. Reg. 241/95.]

Failure to comply with this regulation when making a change in and about a stream

39  In addition to other remedies or penalties that may be imposed on a person who makes a change in and about a stream that does not comply with this regulation, the person must

(a) within 72 hours report the non-compliance to the closest regional office of the minister's ministry, and

(b) to remedy the non-compliance,

(i)   take the measures the engineer specifies, and

(ii)   comply with the terms and conditions described in section 42 that a habitat officer specifies.

[en. B.C. Reg. 241/95; am. B.C. Reg. 4/2010, s. 3.]

Notification

40  (1) A person must not make a change in and about a stream unless that person

(a) notifies a habitat officer of the region in which the change in and about a stream will be located, by providing the information specified in the notification form available from the ministry, of the particulars of the proposed change at least 45 days prior to commencing to make the change, and

(b) obtains from a habitat officer the terms and conditions described in section 42 on which the change can proceed prior to commencing to make the change.

(2) Despite subsection (1), if a habitat officer has not contacted the person giving notice under subsection (1) (a) within 45 days of the receipt of the notice by a habitat officer, the person may proceed to make the change.

(3) A person who makes a change in and about a stream under section 44 (1) (o) to (s) or (2) does not have to comply with subsection (1).

(4) A person who makes a change in and about a stream under section 44 (1) (o) or (p) must

(a) within 72 hours report the change to a habitat officer, and

(b) take the measures the engineer specifies and comply with the terms and conditions described in section 42 that a habitat officer specifies respecting the change.

[en. B.C. Reg. 241/95; am. B.C. Reg. 134/98, s. 1; 4/2010, s. 7.]

Protection of water quality

41  A person making a change in and about a stream must ensure that

(a) no substance, sediment, debris or material that could adversely impact the stream is

(i)   allowed or permitted to enter or leach or seep into the stream from an activity, construction, worksite, machinery or from components used in the construction of any works, or

(ii)   placed, used or stored within the stream channel,

(b) no standards or objectives published under section 2 (e) of the Environment Management Act by the Ministry of Environment, Lands and Parks for the protection of ambient water quality are exceeded or not attained now or in the future due to the change,

(c) there is no disturbance or removal of stable natural materials and vegetation in and about a stream that contribute to stream channel stability except as authorized under this regulation and in accordance with the terms and conditions specified by the habitat officer,

(d) temporary material, fill, bridge, culvert, pump, pipe, conduit, ditch or other structure used to assist in the construction of any works are constructed and maintained only during the period of construction, and are removed on completion of the works,

(e) all cast-in-place concrete and grouting is completely separated from fish bearing waters for a minimum of 48 hours,

(f) rock from acid-generating rock formations is not used for construction, and

(g) the stream is restored to its natural state on completion of the change in and about a stream.

[en. B.C. Reg. 241/95.]

Protection of habitat

42  (1) To protect habitat, a person making a change in and about a stream under this regulation, other than under section 44 (1) (o) to (s) or (2), must make that change in accordance with terms and conditions specified by the habitat officer with respect to

(a) the timing window or the period or periods of time in the year during which the change can proceed without causing harm to fish, wildlife or habitat,

(b) the minimum instream flow or the minimum flow of water that must remain in the stream while the change is being made,

(c) the removal of material from the stream or stream channel in connection with the change,

(d) the addition of substance, sediment, debris or material to the stream or stream channel in connection with the change,

(e) the salvage or protection of fish or wildlife while the change is being made or after the change has been made,

(f) the protection of natural materials and vegetation that contribute to habitat or stream channel stability,

(g) the restoration of the work site after the change has been made, and

(h) the requirement to obtain an approval from the federal Department of Fisheries and Oceans in connection with the change.

(2) In addition to other remedies or penalties that may be imposed on a person who makes a change in and about a stream that damages habitat, the person must

(a) within 72 hours report the damage to a habitat officer, and

(b) restore and repair the habitat to its natural state or as directed by the habitat officer.

[en. B.C. Reg. 241/95; am. B.C. Reg. 134/98, s. 2.]

Protection of other water users

43  (1) A person making a change in and about a stream, other than a change under section 44 (1) (o) to (s) or (2), must ensure that persons who are lawfully diverting or using water under the Water Act will not be adversely affected.

(2) Despite subsection (1), if persons who are lawfully diverting or using water under the Water Act may be adversely affected, a person proposing to make a change in and about a stream, other than a change under section 44 (1) (o) to (s) or (2), must give 3 days notice to those persons prior to commencing to make the change and must provide an adequate supply of water to those persons, if required by those persons.

[en. B.C. Reg. 241/95; am. B.C. Reg. 134/98, s. 3.]

Authorization for changes in and about a stream

44  (1) For the purposes of section 9 (2) of the Water Act, the following changes in and about a stream may be made without obtaining an approval or licence for that change, provided that the change is made in accordance with this regulation and in accordance with the terms and conditions, described in section 42, specified by a habitat officer:

(a) the installation, maintenance or removal of a stream culvert for crossing a stream for the purposes of a road, trail or footpath, provided that

(i)   equipment used for site preparation, construction, maintenance or removal of the culvert is situated in a dry stream channel or operated from the top of the bank,

(ii)   in fish bearing waters, the culvert allows fish in the stream to pass up or down stream under all flow conditions,

(iii)   the culvert inlet and outlet incorporate measures to protect the structure and the stream channel against erosion and scour,

(iv)   if debris cannot safely pass, provision is made to prevent the entrance of debris into the culvert,

(v)   the installation, maintenance or removal does not destabilize the stream channel,

(vi)   the culvert and its approach roads do not produce a backwater effect or increase the head of the stream,

(vii)   the culvert capacity is equivalent to the hydraulic capacity of the stream channel or is capable of passing the 1 in 200 year maximum daily flow without the water level at the culvert inlet exceeding the top of the culvert,

(viii)   the culvert has a minimum equivalent diameter of 600 mm,

(ix)   a culvert having an equivalent diameter of 2 metres or greater, or having a design capacity to pass a flow of more than 6 cubic metres a second, is designed by a professional engineer and constructed in conformance with that design,

(x)   the culvert is installed in a manner which will permit the removal of obstacles and debris within the culvert and at the culvert ends,

(xi)   the stream channel, located outside the cleared width, is not altered,

(xii)   embankment fill materials do not and will not encroach on culvert inlets and outlets,

(xiii)   the culvert has a depth of fill cover which is at least 300 mm or as required by the culvert manufacturer's specifications,

(xiv)   the maximum fill heights above the top of the culvert do not exceed 2 m, and

(xv)   the culvert material meets the standards of the Canadian Standards Association;

(b) the construction, maintenance or removal of a clear span bridge, provided that

(i)   the bridge and its approach roads do not produce a back water effect or increase the head in the stream,

(ii)   the equipment used for construction, including site preparation, maintenance or removal of the bridge, is situated in a dry stream channel or is operated from the top of the bank,

(iii)   the hydraulic capacity of the bridge is equivalent to the hydraulic capacity of the stream channel, or is capable of passing the 1 in 200 year maximum daily flow, and the height of the underside of the bridge is also adequate to provide free passage of flood debris and ice flows, and

(iv)   the bridge material meets the standards of the Canadian Standards Association, as applicable;

(c) the construction or maintenance of a pipeline crossing, provided that

(i)   the pipeline and associated works are installed in a dry stream channel at a depth so that the top of the pipe is at least 1 metre below the lowest elevation of the bed of the stream, and

(ii)   in the case of an aerial crossing, the crossing is constructed in accordance with the requirements prescribed in paragraph (b) for clear span bridges;

(d) the construction, maintenance or removal of a pier or wharf in a stream, provided that the ebb and flow of water and movement of material under the influence of waves or currents is not obstructed and that the requirements under section 37 (4) are met;

(e) the construction, maintenance or removal of a flow or water level measuring device in a stream by the Crown in right of either Canada or British Columbia, or their agents;

(f) the construction or removal of a fish fence, screen or fish or game guard across a stream by the Crown in right of either Canada or British Columbia, or their agents, provided that it is designed, constructed, maintained or used so as not to obstruct the flow of water in the stream;

(g) the restoration or maintenance of a stream channel by British Columbia or its agents;

(h) the restoration or maintenance of a stream channel by a municipality;

(i) the mechanical or manual cutting of annual vegetation within a stream channel;

(j) the restoration or maintenance of fish habitat by the Crown in right of either Canada or British Columbia, or their agents;

(k) the repair or maintenance of existing dikes or existing erosion protection works to their original state, provided that the dikes or works were functional during the previous year;

(l) the construction or maintenance of storm sewer outfalls, provided that the storm sewer outfall is designed by a professional engineer, and constructed, maintained and used so as not to obstruct the flow of water in the stream or to cause erosion or scour in the stream;

(m) the mechanical or manual control of Eurasian watermilfoil and other aquatic vegetation by a landowner, a municipality or a local authority;

(n) the construction or maintenance of ice bridges, winter fords or snowfills, provided that

(i)   the materials used are removed from the stream channel before ice breakup and that only clean ice and snow are used, and

(ii)   in the case of ice bridges, any logs, timber and other structural materials used can be removed in a safe manner;

(o) the construction or placement of erosion protection works or flood protection works during a flood emergency, but not including restoration works, declared under the Emergency Program Act, under the direction of the Crown in right of British Columbia, or its agents, or by a municipality;

(p) the clearing of an obstruction from a bridge or culvert by the Crown in right of British Columbia, or its agents, or by a municipality during a flood event when there exists a potential danger to life or property;

(q) the installation or cleaning of drain tile outlets;

(r) the repair or maintenance of the superstructure of a bridge, excluding its foundation, made in accordance with this regulation, particularly the terms and conditions specified in this regulation for the protection of water quality, habitat and water users;

(s) the installation, repair, maintenance or removal of fences, provided that the fencing materials

(i)   are not in the stream channel,

(ii)   do not block debris in the stream channel, and

(iii)   do not interfere with navigation of the stream;

(t) Repealed. [B.C. Reg. 134/98, s. 4.]

(u) the maintenance of a minor and routine nature by a public utility of its works;

(v) the removal of a beaver dam under section 9 of the Wildlife Act, provided that the removal is carried out in such a manner that downstream flooding and erosion do not occur;

(w) the construction of a temporary ford across a stream, provided that

(i)   the construction occurs at a time in the year during which the construction can occur without causing harm to fish, wildlife or habitat,

(ii)   the 1 in 10 year maximum daily flow over the ford is accommodated without the loss of the ford and without scouring the stream,

(iii)   a stream culvert, if used, is designed and installed to pass the average low flow during the period of use,

(iv)   the channel is protected against any anticipated erosion

(A)  during the period of construction and use of the ford, and

(B)  after the ford crossing is removed,

(v)   sediment from approach ditches does not enter the stream,

(vi)   the driveable running surface is erosion-free,

(vii)   the stream remains in its channel and cannot be diverted down the road,

(viii)   the ford will pass channel debris, and

(ix)   the ford is removed at the end of the period of use at a time, before the next freshet, when the removal can proceed without causing harm to fish, wildlife or habitat;

(x) the construction of a temporary diversion around or through a worksite for the purposes of constructing or maintaining bridge abutments, constructing or maintaining piers other than bridge piers, or maintaining bridge piers or constructing works authorized under this section, provided that the worksite is no larger than the minimum area required, and

(i)   if pumps, pipes or conduits are used to divert water around or through the worksite,

(A)  the pumps, pipes or conduits are sized to divert the 1 in 10 year maximum daily flow for the period of construction, and

(B)  any pump or intake withdrawing water from fish bearing waters is screened in accordance with the Fish Screening Directive of the Department of Fisheries and Oceans (Canada),

(ii)   if cofferdams are used to isolate successive parts of the construction at the worksite,

(A)  the cofferdams are designed by a professional engineer and constructed in accordance with that design, and

(B)  the natural channel remaining outside of the cofferdams is adequate to pass the 1 in 10 year maximum daily flow during the period of construction, or

(iii)   if ditches are used to divert flow around the worksite,

(A)  the flow of water diverted remains within the stream channel,

(B)  the ditches are designed and constructed to divert the 1 in 10 year maximum daily flow around or through the worksite and are protected from any anticipated erosion during the period of construction and use of the ditch, and

(C)  the ditches are completely backfilled and the area returned as closely as possible to the natural state on completion of the works.

(2) For the purposes of section 9 (2) of the Act, a change may be made in and about a stream to which a standard or regulation under the Forest and Range Practices Act applies, without obtaining an approval or licence, if

(a) the change is made by

(i)   a municipality or other person who

(A)  holds an agreement or road use permit under the Forest Act, an agreement under the Range Act or a special use permit under the Forest Practices Code of British Columbia Act, or

(B)  is authorized to construct or modify a road under the Coal Act, the Geothermal Resources Act, the Mines Act, the Mining Right of Way Act or the Petroleum and Natural Gas Act, or

(ii)   the Crown in right of British Columbia or a person under contract to the Crown in right of British Columbia, and

(b) the person making the change complies with the Forest and Range Practices Act and the regulations and standards established under it.

(3) For the purposes of section 9 (2) of the Act, a change may be made in and about a stream by a person who holds a permit under section 10 of the Mines Act, without obtaining an approval or licence, if the person complies with

(a) Part 9 of the Health, Safety and Reclamation Code for Mines in British Columbia, and

(b) all conditions in the permit respecting changes in and about the stream.

(4) For the purposes of section 40, an application for a permit to carry out exploration activities under section 10 of the Mines Act constitutes notice of the change.

[en. B.C. Reg. 369/97; am. B.C. Regs. 134/98, s. 4; 235/2007; 83/2010, s. 1.]

Part 8 — Short Term Diversion or Use of Water for Well Drilling

Definitions

45  In this Part:

"alter" means

(a) to undertake a structural change to a well related to its depth, diameter or screen assembly,

(b) to install a surface seal in a well that does not have one, or

(c) to hydrofracture a well;

"develop", in relation to a well, means to remove from the aquifer the fine sediment immediately around the screen or the drill hole;

"divert" means to take water from a stream with the aid of a portable pump or a vehicle-mounted pump;

"erosion" and "habitat" have the same meanings as in section 36 of this regulation;

"point of diversion" means the place on the natural channel of a stream where water is diverted from the stream;

"rehabilitate", in relation to a well, means to use chemical, mechanical or physical methods to improve or restore the capacity of the well to produce ground water where that capacity has been diminished by mineral encrustation, biofouling or accumulation of clay or silt;

"scour" has the same meaning as in section 36 of this regulation;

"well drilling" means drilling, altering, developing, rehabilitating and closing a well.

[en. B.C. Reg. 19/2010, s. 2.]

Authority to divert or use water from a stream

46  (1) A diversion or use of water from a stream for well drilling must not proceed unless the diversion or use, or both, is

(a) authorized by an approval under section 8 of the Act or a licence, or

(b) in compliance with this regulation.

(2) If the diversion or use of water from a stream is authorized by an approval or licence, this Part, except subsection (3), does not apply to that diversion or use of water.

(3) If an engineer is of the opinion that a diversion or use of water from a stream may have a significant detrimental impact on the stream, including the flow of water within the stream, the engineer may require that an application for an approval or licence be made in connection with that diversion or use of water.

(4) The fact that a diversion or use of water from a stream meets the requirements of subsection (1) does not relieve the person who diverts or uses the water from

(a) the requirement to comply with all applicable federal, provincial and municipal enactments, and

(b) if the diversion or use, or both, will occur on Crown land or land owned by another person, the requirement to obtain the approval of the owner before proceeding.

[en. B.C. Reg. 19/2010, s. 2.]

Authorization for diversion or use of water from a stream

47  (1) This section applies to a qualified professional and a qualified well driller, as defined in section 68 of the Act, and a person supervised by either of these persons.

(2) For the purposes of sections 8 (2) and 9 (2) of the Act, a person referred to in subsection (1) may, without obtaining an approval or licence, divert or use, or both, water from a stream for well drilling, provided that the diversion or use is in accordance with this regulation.

(3) A person referred to in subsection (1) must not

(a) divert water from any one point of diversion on the stream for more than 5 successive days,

(b) divert water from the stream for more than 10 days in any period of 30 days, or

(c) divert more than 11 cubic metres of water per day from the stream,

(4) Water must not be diverted under subsection (2) from

(a) a swamp,

(b) a stream that is within the boundaries of a public park,

(c) a stream, other than a lake, unless the width of the flowing water in the stream channel is at least 5 m at surface level, or

(d) a lake unless the surface area of the lake is at least one hectare.

(5) Water from a stream must not be diverted or used under subsection (2) unless that water is unrecorded water.

(6) Water from a stream must not be diverted or used under subsection (2)

(a) if the unrecorded water in the stream is subject to a water reservation made under section 44 or 44.1 of the Act

(i)   for the use of the Crown to maintain a flow of water for the conservation of fish or wildlife or other environmental values,

(ii)   for a conservation purpose, or

(iii)   in favour of a treaty first nation, other than for a power purpose, to implement a final agreement,

(b) if the stream is designated as a sensitive stream under the Fish Protection Act, or

(c) if the stream, or part of the stream, is subject to an order made under section 9 of the Fish Protection Act.

(7) A person referred to in subsection (1) who diverts or uses water from a stream must not construct, install or place any permanent or semi-permanent works in the stream channel.

(8) A person referred to in subsection (1) who diverts or uses water from a stream must remove from the stream channel any pump, equipment or material used by that person in diverting or using water from the stream.

[en. B.C. Reg. 19/2010, s. 2.]

Protection of habitat

48  (1) A person who diverts or uses water from a stream under section 47 must only do so during the timing window or period or periods of time in the year in which the diversion or use can proceed without causing harm to fish, wildlife or habitat.

(2) A person who diverts or uses water from a stream under section 47 must do so in a manner that does not cause damage to fish, wildlife or habitat, and, for that purpose, must ensure that the intake line or other device for diverting the water is equipped with a screen, or otherwise modified, to

(a) prevent potential losses of fish, other aquatic vertebrates or aquatic macro invertebrates due to entrainment or impingement, and

(b) minimize disturbance of, or removal of sand and gravel from, the stream bed.

(3) A person who diverts or uses water from a stream under section 47 must ensure that

(a) any disturbance of the stream channel or of the stable natural materials and vegetation in and about the stream is minimized when gaining access to water from the stream, and

(b) any water that is diverted from the stream but is not then used for the purpose of drilling, altering, developing, rehabilitating or closing a well is not disposed of

(i)   into a sewer system, ditch or another stream that is not the stream from which the water was diverted, or

(ii)   in a manner that causes

(A)  damage from erosion or scour to the stream from which the water was diverted, the stream channel or any works in that stream or stream channel,

(B)  damage to the stable natural materials and vegetation in and about that stream, or

(C)  damage to land or other property.

[en. B.C. Reg. 19/2010, s. 2.]

Protection of other water users

49  A person who diverts or uses water from a stream under section 47 must ensure that persons who are lawfully diverting or using water under the Act will not be adversely affected.

[en. B.C. Reg. 19/2010, s. 2.]

Fees

50  Despite section 9, no fee, rental or charge is payable in respect of water diverted or used from a stream in accordance with this Part.

[en. B.C. Reg. 19/2010, s. 2.]

Schedule A

[en. B.C. Reg. 498/92; am. B.C. Regs. 154/94, s. 5; 40/96; 219/97; 45/2000, ss. 4 and 5; 293/2000; 168/2003, ss. 2 and 3; 549/2004, s. 2 (c); 390/2007; 195/2009, s. (d); 19/2010, s. 3; 83/2010, ss. 2 to 7; 24/2011, s. 2; 161/2013, s. (b).]

Tariff of Fees, Rentals and Charges Payable to the Crown

in Respect of Applications, Licences, Approvals and Other Proceedings

under the Water Act

Part 1
Fees for Water Licence Applications and Permits To Occupy Crown Land
  Column 1 Column 2
Item Purpose Application Fee
Water Licence Applications
IRRIGATION PURPOSE AND INDUSTRIAL PURPOSE ASSOCIATED WITH

AGRICULTURAL USE
  (a)  water conveyed by a local authority for irrigation  
    all applications $400
  (b)  private irrigation  
    irrigate less than 5 hectares $100
    irrigate 5 hectares to less than 50 hectares $150
    irrigate 50 hectares or more $400
  (c)  industrial purpose associated with agriculture  
    crop suppression  
    fish hatcheries  
    flood harvesting  
    frost protection  
    game farms  
    greenhouses  
    kennels  
    nurseries  
    ponds  
    stockwatering  
    watering of golf courses, ornamental gardens, parks, or similar

properties
 
    all applications $150
CONSERVATION AND LAND IMPROVEMENT PURPOSES
  all applications $150
DOMESTIC PURPOSE AND INDUSTRIAL PURPOSE ASSOCIATED WITH

DOMESTIC USE
  (a)  domestic household consumption  
    all applications $100
  (b)  industrial purpose associated with domestic use
    camps  
    churches and community halls  
    exhibition grounds  
    heat exchangers (residential)  
    institutions  
    public facilities
    residential lawn or garden watering (area exceeds 1 012 square metres)  
    swimming pools
    work camps  
    all applications $150
INDUSTRIAL PURPOSE AND MINERAL TRADING PURPOSE
  (a)  general — use for industrial purpose  
    amusement parks  
    bottling fresh water for sale, less than 200 cubic metres a day  
    brake cooling  
    cooling  
    dewatering  
    dust control  
    enterprise (which includes hotels, motels, trailer parks, stores, service stations, restaurants or similar commercial enterprises)  
    effluent dilution  
    film processing plant  
    fire prevention  
    fire protection  
    garbage dumps  
    heat exchangers (industrial or commercial)  
    ice making  
    log fluming  
    mineral trading purpose (mineral baths or trading)  
    overburden disposal  
    processing (which includes food processing plants, manufacturing operations, sawmills, and washing sand or gravel)  
    road maintenance  
    sediment control  
    sewage disposal  
    shipyards  
    snowmaking  
    truck washing  
    tunnelling and well drilling  
    washing intake screens  
    wharves  
    all applications $500
  (b)  bottling fresh water for sale, 200 cubic metres or more a day — use for

industrial purpose


$2 000
  (c)  pulp mill — use for industrial purpose $10 000
MINING PURPOSE AND INDUSTRIAL PURPOSE ASSOCIATED WITH

MINING USE
  (a)  mining purpose  
    placer mining  
    all applications $500
  (b)  use for industrial purpose associated with mining  
    mining equipment  
    oil field injection  
    pressure testing and flushing  
    all applications $500
  (c)  other mining purposes  
    hydraulic mining  
    processing of ore  
    washing coal  
    all applications $5 000
POWER PURPOSE
  (a)  residential use (up to 50 kW, for one household)  
    all applications $100
  (b)  commercial use  
    all applications $5 000
  (c)  general use (for a power plant that produces up to 20 MW)  
    all applications $5 000
  (d)  general use (for a power plant that produces over 20 MW)  
    all applications $10 000
STORAGE PURPOSE
  (a)  less than 125 000 cubic metres stored  
    all applications $150
  (b)  125 000 to less than 1 250 000 cubic metres stored  
    all applications $400
  (c)  1 250 000 cubic metres or more stored  
    all applications $2 000
WATERWORKS PURPOSE
  (a)  water conveyed by a local authority for waterworks purpose less than

100 000 cubic metres a year
 
    all applications $500
    100 000 cubic metres a year to less than 5 000 000 cubic metres a

year
 
    all applications $2 000
    5 000 000 cubic metres or more a year  
    all applications $10 000
  (b)  water conveyed for a waterworks purpose by a person other than a local authority  
    all applications $500
  (c)  water delivery within British Columbia  
    all applications $500
Permits To Occupy Crown Land
PERMITS TO OCCUPY CROWN LAND
  (a)  affecting less than 0.5 hectares $100
  (b)  affecting 0.5 hectares to less than 50 hectares $500
  (c)  affecting 50 hectares or more $2 000
Part 2
Annual rentals payable in respect of a licence for the following purposes and categories
Item Column 1

Purpose
Column 2 Annual Rental

Year 2006
Column 3 Annual Rental

Year 2007
Column 4 Annual Rental

Year 2008
Column 5 Annual Rental

Year 2009

and each subsequent year
IRRIGATION PURPOSE AND INDUSTRIAL PURPOSE ASSOCIATED WITH AGRICULTURAL USE

For all purposes under Item 1, the annual rental is the greater of $25.00 or the annual rental calculated using the rental rate set out below for each 1 000 cubic metres.
(a)  water conveyed by a local authority and used for irrigation purpose $0.48

per 1 000 cubic metres
$0.50

per 1 000 cubic metres
$0.55

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
(b)  private irrigation use $0.48 per 1 000 cubic metres $0.50 per 1 000 cubic metres $0.55 per 1 000 cubic metres $0.60 per 1 000 cubic metres
(c)  industrial purpose associated with agriculture:        
  crop suppression $0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
  flood harvesting $0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
  frost protection $0.35

per 1 000 cubic metres
$0.40

per 1 000 cubic metres
$0.50

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
  game farms $0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
  greenhouses $0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
  kennels $0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
  nurseries $0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
  ponds $25.00 $25.00 $25.00 $25.00
  stockwatering $0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
  watering of golf courses, ornamental gardens, parks or similar properties $0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
INDUSTRIAL PURPOSE ASSOCIATED WITH AQUACULTURE USE

For all purposes under Item 2, the annual rental is the greater of $100.00 or the annual rental calculated using the rental rate set out below for each 1 000 cubic metres.
(a)  fish hatcheries $0.075 per 1 000 cubic metres $0.077 per 1 000 cubic metres $0.078 per 1 000 cubic metres $0.08 per 1 000 cubic metres
CONSERVATION AND LAND IMPROVEMENT PURPOSES

For all purposes under Item 3, the annual rental is the greater of $25.00 or the annual rental calculated using the rental rate set out below for each 1 000 cubic metres.
(a) conservation purpose:        
  storage of water $25.00 $25.00 $25.00 $25.00
  use of water $0.006

per 1 000 cubic metres
$0.007

per 1 000 cubic metres
$0.008

per 1 000 cubic metres
$0.01

per 1 000 cubic metres
  construction of works in and about streams $25.00 $25.00 $25.00 $25.00
(b)  land improvement $25.00 $25.00 $25.00 $25.00
DOMESTIC PURPOSE AND INDUSTRIAL PURPOSE ASSOCIATED WITH DOMESTIC USE

For all purposes under Item 4, the annual rental is the greater of  $25.00 or the annual rental calculated using the rental rate set out below for each 1 000 cubic metres.
(a)  domestic purpose $0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
(b)  industrial purpose associated with domestic use:        
  camps $0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
  churches and community halls $0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
  exhibition grounds $0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
  heat exchangers (residential) (commencing in year 2010)       $0.60

per 1 000 cubic metres
  institutions $0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
  public facilities $0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
  residential lawn watering (area exceeds 1 012 square metres) $0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
  swimming pools $25.00 $25.00 $25.00 $25.00
  work camps $0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
$0.60

per 1 000 cubic metres
INDUSTRIAL PURPOSE AND MINERAL TRADING PURPOSE

For all purposes under Item 5, the annual rental is the greater of $100.00 or the annual rental calculated using the rental rate set out below for each 1 000 cubic metres.
(a)  general — use for industrial purpose:        
  amusement parks $0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
  bottling fresh water $0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
  brake cooling $0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
  cooling $0.55

per 1 000 cubic metres
$0.65

per 1 000 cubic metres
$0.75

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
  dewatering $100.00 $100.00 $100.00 $100.00
  dust control $0.35

per 1 000 cubic metres
$0.45

per 1 000 cubic metres
$0.65

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
  enterprise

(which includes hotels, motels, trailer parks, stores,service stations, restaurants or similar commercial enterprises)
$0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
  effluent dilution $0.25

per 1 000 cubic metres
$0.45

per 1 000 cubic metres
$0.65

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
  film processing plant $0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
  fire prevention $0.35

per 1 000 cubic metres
$0.45

per 1 000 cubic metres
$0.65

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
  fire protection $100.00 $100.00 $100.00 $100.00
  garbage dumps $0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
  heat exchangers (industrial or commercial) $0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
  ice making $0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
  log fluming $0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
  mineral trading purpose

(mineral baths or trading)
$0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
  overburden disposal $100.00 $100.00 $100.00 $100.00
  processing

(which includes food processing plants, manufacturing operations, sawmills, and washing sand or gravel)
$0.55 per 1 000 cubic metres $0.65 per 1 000 cubic metres $0.75 per 1 000 cubic metres $0.85 per 1 000 cubic metres
  pulp mills $0.55

per 1 000 cubic metres
$0.65

per 1 000 cubic metres
$0.75

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
  river improvement $100.00 $100.00 $100.00 $100.00
  road maintenance $0.25 per 1 000 cubic metres $0.45 per 1 000 cubic metres $0.65 per 1 000 cubic metres $0.85 per 1 000 cubic metres
  sediment control $100.00 $100.00 $100.00 $100.00
  sewage disposal $0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
  shipyards $0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
  snowmaking $0.35

per 1 000 cubic metres
$0.55

per 1 000 cubic metres
$0.65

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
  truck washing $0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
  tunnelling and well drilling $0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
  washing intake screens $0.25

per 1 000 cubic metres
$0.45

per 1 000 cubic metres
$0.65

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
  wharves $0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
MINING PURPOSE AND INDUSTRIAL PURPOSES ASSOCIATED WITH MINING USE

For all purposes under Item 6, the annual rental is the greater of $100.00 or the annual rental calculated using the rental rate set out below for each 1 000 cubic metres.
(a)  mining purpose:        
  hydraulic mining $0.065

per 1 000 cubic metres
$0.065

per 1 000 cubic metres
$0.065

per 1 000 cubic metres
$0.065

per 1 000 cubic metres
  hydraulicking $0.065

per 1 000 cubic metres
$0.065

per 1 000 cubic metres
$0.065

per 1 000 cubic metres
$0.065

per 1 000 cubic metres
  placer mining $0.45

per 1 000 cubic metres
$0.45

per 1 000 cubic metres
$0.45

per 1 000 cubic metres
$0.45

per 1 000 cubic metres
  processing ore $1.10

per 1 000 cubic metres
$1.10

per 1 000 cubic metres
$1.10

per 1 000 cubic metres
$1.10

per 1 000 cubic metres
  washing coal $0.55

per 1 000 cubic metres
$0.75

per 1 000 cubic metres
$0.95

per 1 000 cubic metres
$1.10

per 1 000 cubic metres
(b)  industrial purpose associated with mining:        
  mining equipment $1.10

per 1 000 cubic metres
$1.10

per 1 000 cubic metres
$1.10

per 1 000 cubic metres
$1.10

per 1 000 cubic metres
  oil field injection $0.65

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
$0.95

per 1 000 cubic metres
$1.10

per 1 000 cubic metres
  pressure testing and flushing $0.35

per 1 000 cubic metres
$0.55

per 1 000 cubic metres
$0.85

per 1 000 cubic metres
$1.10

per 1 000 cubic metres
STORAGE PURPOSE

For all purposes under Item 7, the annual rental is the greater of $25.00 or the annual rental calculated using the rental rate set out below for each 1 000 cubic metres.
(a)  storage purpose $0.006

per 1 000 cubic metres
$0.007

per 1 000 cubic metres
$0.008

per 1 000 cubic metres
$0.01

per 1 000 cubic metres
WATERWORKS

For all purposes under Item 8, the annual rental is the greater of $100.00 or the annual rental calculated using the rental rate set out below for each 1 000 cubic metres.
(a)  water conveyed by a local authority and used for waterworks purpose $1.10

per 1 000 cubic metres
$1.10

per 1 000 cubic metres
$1.10

per 1 000 cubic metres
$1.10

per 1 000 cubic metres
(b)  water conveyed for waterworks purpose by a person other than a local authority $1.10

per 1 000 cubic metres
$1.10

per 1 000 cubic metres
$1.10

per 1 000 cubic metres
$1.10

per 1 000 cubic metres
(c)  water delivery $1.10

per 1 000 cubic metres
$1.10

per 1 000 cubic metres
$1.10

per 1 000 cubic metres
$1.10

per 1 000 cubic metres
(d)  bulk shipment of water by marine transport $1.10

per 1 000 cubic metres
$1.10

per 1 000 cubic metres
$1.10

per 1 000 cubic metres
$1.10

per 1 000 cubic metres
PERMITS TO OCCUPY CROWN LAND

For Item 9 (a), the annual rental for Crown land occupied by a dam is the greater of $50.00 or the annual rental calculated using the rental rate set out below per hectare.

For Item 9 (b), the annual rental for Crown land flooded or occupied by other works is the greater of  $10.00 or the annual rental calculated using the rental rate set out below per hectare.
(a)  occupied by a dam $120.00

per hectare
$120.00

per hectare
$120.00

per hectare
$120.00

per hectare
(b)  flooded or occupied by other works $7.45

per hectare
$7.50

per hectare
$7.50

per hectare
$7.50

per hectare

 

Part 3
Annual rentals for power purpose in respect of power generation projects
Item Column 1

Purpose
Column 2 Annual Rental

Year 2006
Column 3 Annual Rental

Year 2007
Column 4 Annual Rental

Year 2008
Column 5

Annual Rental

Year 2009

and each subsequent year
11  POWER PURPOSE

For Item 11 (a), the annual rental is the greater of $100.00 or the annual rental calculated using the rental rate set out below for each 1 000 cubic metres.
(a)  residential power use $0.003

per 1 000 cubic metres
$0.005

per 1 000 cubic metres
$0.008

per 1 000 cubic metres
$0.01

per 1 000 cubic metres
Item Column 1

Purpose
Column 2

Annual Rental Rates

Year 2010

$
Column 3

Annual Rental Rates Year 2011

and each subsequent year
11.1  POWER PURPOSE
(a)  Commercial power use:
  construction capacity, for each kilowatt 0.327 adjusted
  authorized capacity, other than construction capacity, for each kilowatt 2.047 adjusted
  output, for each megawatt-hour 1.229 adjusted
  minimum for each licence 100.00 adjusted
(b)  General power use:
  construction capacity, for each kilowatt 0.409 adjusted
  authorized capacity, other than construction capacity, for each kilowatt 4.095 adjusted
  output, for each megawatt-hour a year, up to a total of 160 000 megawatt-hours from all power developments operated by the same licensee 1.229 adjusted
  output, for each additional megawatt-hour a year exceeding 160 000 megawatt-hours, up to a total of 3 000 000 megawatt-hours 5.734 adjusted
  output, for each additional megawatt-hour a year exceeding 3 000 000 megawatt-hours 6.896 adjusted
  minimum for each licence 200.00 adjusted
12  Repealed. [B.C. Reg. 549/2004, s. 2 (c) (iii).]

 

Part 4
Other fees and charges
  Column 1 Column 2
Item Service Fee
Approvals issued under section 8 or 9 of the Water Act:
  (a)  for short term use of water, the sum of
    (i) the fee for the proposed use as set out in Part 1 of this tariff, and
    (ii) the annual rental, for the entire term of the approval under section 8 of the Act, for the proposed use as set out in Part 2 or 3 of this tariff,
    payable at the time an application is made under section 8 of the Act
  (b)  for changes in and about a stream $130
Request for amendment of a licence or approval under section 18 of the Water Act for the following purposes: industrial, mining, power, storage (1 250 000 cubic metres or more stored), and waterworks $500
Request for amendment of a licence or approval under section 18 of the Water Act for purposes not referred to in item 2 $100
4 Transfer of appurtenancy of a licence for the following purposes: industrial, mining, power, storage (1 250 000 cubic metres or more stored), and waterworks (payable by each recipient of transferred rights) $500
5 Transfer of appurtenancy of a licence for all purposes not referred to in item 4 (payable by each recipient of transferred rights) $100
6 Apportionment of a licence for the following purposes: industrial, mining, power, storage (1 250 000 cubic metres or more stored), and waterworks (payable by each recipient of rights) $500
7 Apportionment of a licence for purposes not referred to in item 6 (payable by each recipient of rights) $100
Copy of any licence or other document, including computer print-outs, for each page (one-sided) produced, for requests greater than 20 pages (e.g. 21 pages is $5.25) $0.25
Research and compilation of data $50 for each hour,with

$25 minimum charge
10  Map prints and copies $10 for each map
11  Certification of any licence or document; witness of a declaration $50

Schedule B

[en. B.C. Reg. 24/2011, s. 3.]

(section 21)

Annual Adjustment for Rental Rates under "Power Purpose" in Schedule A

Calculation of commercial and general power purpose rental rates

1  (1) In this section:

"annual percentage change" means the annual percentage change in the British Columbia consumer price index as published by Statistics Canada under the authority of the Statistics Act (Canada);

"British Columbia consumer price index" means the annual average All-items Consumer Price Index for British Columbia as published by Statistics Canada under the authority of the Statistics Act (Canada).

(2) Calculation of a rental rate indicated as being adjusted under the heading "Power Purpose" in Item 11.1 of Part 3 of Schedule A must be done by multiplying the rental rate for the previous calendar year by (1 + the annual percentage change for the previous calendar year).

Schedule C

(section 35)

Water Districts

Alberni Water District

That part of Vancouver Island together with adjacent islands lying southwest of a line commencing at the northwest corner of Fractional Township 42, Rupert Land District, being a point on the natural boundary of Fisherman Bay; thence in a general southeasterly direction along the southwesterly boundaries of the watersheds of Dakota Creek, Laura Creek, Stranby River, Nahwitti River, Quatsie River, Keogh River, Cluxewe River and Nimpkish River to the southeasterly boundary of the watershed of Nimpkish River; thence in a general northeasterly direction along the southeasterly boundary of the watershed of Nimpkish River to the southerly boundary of the watershed of Salmon River; thence in a general easterly direction along the southerly boundary of the watershed of Salmon River to the southwesterly boundary thereof; thence in a general southeasterly direction along the southwesterly boundaries of the watersheds of Salmon River and Campbell River to the southerly boundary of the watershed of Campbell River; thence in a general easterly direction along the southerly boundaries of the watersheds of Campbell River and Puntledge River to the southwesterly boundary of the watershed of Tsable River; thence in a general southeasterly direction along the southwesterly boundaries of the watersheds of Tsable River, Wilfred Creek, Rosewall Creek, Qualicum River and Cameron River to the northwesterly boundary of the watershed of Nitinat River; thence in a general southwesterly direction along the northwesterly boundaries of the watersheds of Nitinat River and Tsusiat River to the southwest corner of Lot 58, Barclay Land District, being a point on the natural boundary on the west coast of Vancouver Island; together with Scott Islands.

 

Ashcroft Water District

Commencing at a point on the middle line of Thompson River lying due south of the southeast corner of Lot 2457, Kamloops Division of Yale District; thence in a general westerly direction along the middle line of Thompson River to a point thereon lying due north of the northeast corner of Lot 403; thence due south to said northeast corner of Lot 403; thence southerly and westerly along the easterly and southerly boundaries of said Lot 403, Kamloops Division of Yale District, to the westerly boundary of the watershed of Upper Ranch Creek; thence in a general southerly direction along said westerly boundary of the watershed of Upper Ranch Creek to the northerly boundary of the watershed of Nicola River; thence in a general westerly, southerly and westerly direction along the northerly, westerly and northerly boundaries of the watershed of Nicola River to the natural boundary of Thompson River on the left bank thereof; thence due west to the middle line of Thompson River; thence in a general southwesterly direction along the middle line of Thompson River to a point thereon, lying due north of the point of intersection of the westerly boundary of the watershed of Nicola River with the natural boundary of Thompson River, on the left bank thereof; thence due south to said point of intersection; thence in a general southerly direction along the westerly boundary of the watershed of Nicola River to the northerly boundary of the watershed of Mowhokam Creek; thence in a general westerly and southwesterly direction along the northerly and northwesterly boundaries of the watershed of Mowhokam Creek to the northerly boundary of Township 12, Range 26, west of the sixth meridian; thence westerly along the northerly boundaries of Township 12 in Ranges 26 and 27, west of the sixth meridian, to the northerly boundary of the watershed of Nahatlatch River; thence in a general westerly direction along said northerly boundary of the watershed of Nahatlatch River to the Cascade Mountains; thence in a general northwesterly direction along the Cascade Mountains to the southeasterly boundary of the watershed of Chilcotin River; thence in a general northeasterly direction along said southeasterly boundary of the watershed of Chilcotin River to the southerly boundary of the watershed of Churn Creek; thence in a general easterly and northerly direction along the southerly and easterly boundaries of the watershed of Churn Creek to a point on said easterly boundary of the watershed of Churn Creek, lying due west of the northwest corner of Lot 3067, Lillooet District; thence due east to said northwest corner; thence easterly along the northerly boundaries of Lots 3067, 3072, 1143, 992 and 1197 to the northeast corner of said Lot 1197; thence due north to the southerly boundary of Lot 842; thence easterly and northerly along the southerly and easterly boundaries of said Lot 842 to the southwest corner of Lot 4350; thence easterly and northerly along the southerly and easterly boundaries of Lot 4350, Lillooet District, to the northeast corner thereof; thence easterly in a straight line to the southwest corner of Fractional Section 27, Township 8, Lillooet District; thence easterly along the southerly boundary of said Fractional Section 27 to the southwest corner of Lot 194, Lillooet District; thence easterly and northerly along the southerly and easterly boundaries of said Lot 194 to the southwest corner of Lot 3983; thence easterly and northerly along the southerly and easterly boundaries of Lot 3983 to the southwest corner of Lot 706; thence easterly along the southerly boundaries of Lots 706, 707 and 708 to the northeast corner of Lot 701; thence southerly along the easterly boundary of said Lot 701 to the northwest corner of Lot 699; thence easterly along the northerly boundary of said Lot 699, Lillooet District, to the northeast corner thereof; thence due east to the southerly boundary of the watershed of Dog Creek; thence in a general easterly direction along said southerly boundary of the watershed of Dog Creek and continuing in a general easterly direction along the northerly boundary of the watershed of Bonaparte River to the westerly boundary of the watershed of North Thompson River; thence in a general southerly direction along said westerly boundary of the watershed of North Thompson River to the northerly boundary of the watershed of Tranquille River; thence in a general westerly and southerly direction along the northerly and westerly boundaries of the watershed of Tranquille River to the southerly boundary of the watershed of Criss Creek; thence westerly along said southerly boundary of the watershed of Criss Creek to the easterly boundary of the watershed of Deadman River; thence in a general southerly direction along said easterly boundary of the watershed of Deadman River to the easterly boundary of Lot 2457, Kamloops Division of Yale District; thence southerly along said easterly boundary of Lot 2457 to the southeast corner thereof; thence due south to the point of commencement.

 

Atlin Water District

Commencing at Post 400 on the British Columbia-Yukon Boundary; thence due south to the natural boundary of Liard River, on the right bank thereof; thence in a general southerly and northwesterly direction along the easterly and southwesterly boundaries of the watersheds of the streams flowing northerly and northeasterly into Liard River to the easterly boundary of the watershed of Dease River; thence in a general southerly and southwesterly direction along the easterly and southeasterly boundaries of the watershed of Dease River to the northerly boundary of the watershed of Stikine River; thence in a general easterly, southeasterly, southerly and southwesterly direction along the northerly, northeasterly, easterly and southeasterly boundaries of the watershed of Stikine River to the International Boundary between British Columbia and Alaska; thence in a general northwesterly direction along the aforesaid International Boundary to the British Columbia-Yukon Boundary; thence easterly along the British Columbia-Yukon Boundary to Post 400, being the point of commencement.

 

Cariboo Water District

Commencing at the intersection of the middle line of Milbanke Sound and southwesterly prolongation of the middle line of Mathieson Channel; thence in a general northeasterly direction to and along the middle line of Mathieson Channel to the middle line of Kynoch Inlet; thence in a general southeasterly direction along the middle line of Kynoch Inlet to the mouth of Lard Creek; thence in a general southeasterly and northeasterly direction along the southwesterly and southeasterly boundaries of the watershed of Lard Creek to the southerly boundary of the watershed of Tezwa River; thence in a general easterly direction along the southerly boundary of the watershed of Tezwa River to the southwesterly boundary of the watershed of Kitlope River; thence in a general southeasterly, northeasterly and northerly direction along the southwesterly, southeasterly and easterly boundaries of the watershed of Kitlope River to the Cascade Mountains, as defined for administrative purposes in the Interpretation Act, R.S.B.C. 1996, chapter 238; thence in a general southeasterly direction along the Cascade Mountains to the northwesterly boundary of the watershed of Dean River; thence in a general northeasterly direction along the northwesterly boundary of the watershed of Dean River to a point due west of the southwest corner of Lot 1507, Range 4, Coast District; thence due east to the southwest corner of Lot 1507; thence southerly in a straight line to Mile-post 74 as set on the 53rd parallel of north latitude as defined by survey upon the ground; thence due south to the northeasterly boundary of the watershed of Dean River; thence in a general southeasterly direction along the northeasterly boundary of the watershed of Dean River to the westerly boundary of the watershed of Chilcotin River; thence in a general northerly, northeasterly and southeasterly direction along the westerly, northwesterly and northeasterly boundaries of the watershed of Chilcotin River to the northwesterly boundary of the watershed of Makin Creek; thence in a general northeasterly direction along the northwesterly boundary of the watershed of Makin Creek to the southwest corner of Lot 6106, Cariboo Land District; thence easterly along the southerly boundary of Lot 6106 to the southeast corner thereof, being a point on the natural boundary of Fraser River, on the right bank thereof; thence southeasterly in a straight line to the most southerly southwest corner of Lot 9482; thence easterly along the southerly boundary of Lot 9482 to the southeast corner thereof; thence in a general northeasterly direction along the northwesterly boundary of the watershed of McLeese Lake to the westerly boundary of the watershed of Beaver Creek; thence in a general northerly and northeasterly direction along the westerly and northwesterly boundaries of the watershed of Beaver Creek to its confluence with Quesnel River; thence in a general easterly, northeasterly and northwesterly direction along the northerly, northwesterly and southwesterly boundaries of the watershed of Quesnel River to the southwest corner of Lot 9882, Cariboo Land District; thence northerly along the westerly boundary of Lot 9882 and the prolongation northerly thereof to the northwesterly boundary of Bowron Lake Park; thence in a general northeasterly direction along the northwesterly boundary of Bowron Lake Park to the northwesterly boundary of the watershed of Wolverine River; thence in a general northeasterly and southerly direction along the northwesterly and easterly boundaries of the watershed of Wolverine River to the northeasterly boundary of the watershed of Quesnel River; thence in a general southeasterly direction along the northeasterly boundary of the watershed of Quesnel River to the northerly boundary of the watershed of Clearwater River; thence in a general westerly and southerly direction along the northerly and westerly boundaries of the watershed of Clearwater River to the southerly boundary of Cariboo Land District, as established by Gazette (July 4, 1912; pp. 5931, 5932); thence westerly along the southerly boundary of Cariboo Land District to the northeast corner of Lillooet Land District, as established by Gazette (July 18, 1874, p. 137, and amended September 26, 1907, p. 6402); thence southerly along the easterly boundary of Lillooet Land District to a point due west of the southwest corner of Lot 2882, KDYD; thence due east to the southwest corner of Lot 2882; thence easterly along the southerly boundaries of Lots 2882 and 3546 to the southeast corner of Lot 3546; thence northerly along the easterly boundary of Lot 3546 to the northeast corner thereof, being a point on the natural boundary of Mahood Lake, on the southerly shore thereof; thence in a general easterly direction along the natural boundary of Mahood Lake, on the southerly shore thereof, to the easterly boundary of the watershed of Aqua Creek; thence in a general southerly and southwesterly direction along the easterly and southeasterly boundaries of the watershed of Aqua Creek to the southeasterly boundary of the watershed of the streams flowing southwesterly into Canimred Creek; thence in a general southwesterly direction along the southeasterly boundary of the watershed of the streams flowing southwesterly into Canimred Creek to the northeast corner of Lot 8424, Lillooet Land District; thence southerly along the easterly boundary of Lillooet Land District to the northerly boundary of the watershed of Donald Creek; thence in a general easterly, southeasterly and westerly direction along the northerly, northeasterly and southerly boundaries of the watershed of Donald Creek to the southwesterly boundary of the watershed of Lac des Roches; thence in a general southeasterly direction along the southwest boundary of the watershed of Lac des Roches to the northerly boundary of the watershed of Bonaparte River; thence in a general westerly direction along the northerly boundary of the watershed of Bonaparte River to the southwesterly boundary of the watershed of Dog Creek; thence in a general northwesterly and westerly direction along the southwesterly and southerly boundaries of the watershed of Dog Creek to the northeast corner of Lot 699; thence westerly along the northerly boundary of Lot 699 to the northwest corner thereof; thence northerly along the easterly boundary of Lot 701 to the southeast corner of Lot 708; thence westerly along the southerly boundaries of Lots 708, 707 and 706 to the northeast corner of Lot 3983; thence southerly and westerly along the easterly and southerly boundaries of Lot 3983 to the southwest corner thereof; thence southerly and westerly along the easterly and southerly boundaries of Lot 194 to the southeast corner of Section 27, Township 8, Lillooet Land District; thence westerly along the southerly boundary of said Section 27 to the southwest corner thereof, being a point on the natural boundary of Fraser River, on the left bank thereof; thence westerly in a straight line to the northeast corner of Lot 4350, being a point on the natural boundary of Fraser River, on the right bank thereof; thence southerly and westerly along the easterly and southerly boundaries of said Lot 4350 to the easterly boundary of Lot 842; thence southerly along the easterly boundary of Lot 842 to the southeast corner thereof; thence westerly and southerly along the northerly and westerly boundaries of Lot 841 to a point due east of the northeast corner of Lot 1197; thence due west to the northeast corner of Lot 1197; thence westerly along the northerly boundaries of Lot 1197, 992, 1143, 3072 and 3067 to the northwest corner of Lot 3067, all the aforementioned lots being within Lillooet Land District; thence in a general southwesterly, southerly and northwesterly direction along the southeasterly, easterly and southwesterly boundaries of the watershed of Churn Creek to the southeasterly boundary of the watershed of Chilcotin River; thence in a general southwesterly direction along the southeasterly boundary of the watershed of Chilcotin River to the Cascade Mountains, as defined for administrative purposes in the Interpretation Act, R.S.B.C. 1996, chapter 238; thence in a general northwesterly direction along the Cascade Mountains to the southerly boundary of the watershed of Nostetuko River; thence in a general westerly direction along the southerly boundary of the watershed of Nostetuko River to the southwesterly boundary of the watershed of Doran Creek; thence in a general northwesterly direction along the southwesterly boundary of the watershed of Doran Creek to the confluence of Mosley Creek with Homathko River; thence in a general northwesterly direction along the southwesterly boundary of the watershed of Mosley Creek to the summit of Mount Waddington; thence northwesterly in a straight line to the summit of Silverthrone Mountain; thence in a general southerly direction along the westerly boundary of the watershed of Klinaklini River to the northeasterly boundary of the watershed of Kingcome River; thence in a general northwesterly direction along the northeasterly boundary of the watershed of Kingcome River to the northeasterly boundary of the watershed of Wakeman River; thence in a general northwesterly and southwesterly direction along the northeasterly and northwesterly boundaries of the watershed of Wakeman River to the northerly boundary of the watershed of Seymour River; thence in a general westerly and southerly direction along the northerly and westerly boundaries of the watershed of Seymour River to the northerly boundary of the watershed of Waump Creek; thence in a general westerly and southwesterly direction along the northerly and northwesterly boundaries of the watershed of Waump Creek to the northwesterly boundary of the watershed of the streams flowing southwesterly into Allison Sound; thence in a general southwesterly direction along the northwesterly boundary of the watershed of the streams flowing southwesterly into Allison Sound to the northerly boundary of the watershed of Parson Creek; thence in a general westerly direction along the northerly boundaries of the watersheds of Parson Creek and the streams flowing southerly and easterly into Mereworth Sound and Pack Lake to the northeasterly boundary of the watershed of the streams flowing westerly into Queen Charlotte Sound; thence in a general northwesterly direction along the northeasterly boundary of the watershed of the streams flowing westerly into Queen Charlotte Sound to a point due east of the southeast corner of Lot 748, Range 2, Coast District; thence due west to the southeast corner of Lot 748; thence westerly along the southerly boundary of Lot 748 to the southwest corner thereof; thence southerly along the easterly boundaries of Lots 241 and 240 to the southeast corner of Lot 240; thence westerly along the southerly boundaries of Lots 240 and 239 to the natural boundary of Silvester Bay; thence southwesterly in a straight line to the intersection of the 51st parallel of north latitude and the 128th meridian of west longitude.

 

Cranbrook Water District

Commencing at the intersection of the westerly boundary of the watershed of Moyie River with the International Boundary between Canada and United States; thence in a general northerly direction along the westerly boundaries of the watersheds of Moyie River, St. Mary River and Findlay Creek to the northwesterly boundary of the watershed of Findlay Creek; thence in a general northeasterly and southeasterly direction along the northwesterly and northeasterly boundaries of the watershed of Findlay Creek to the southwest corner of Lot 109, Kootenay Land District; thence easterly along the southerly boundary of Lot 109 and the easterly prolongation thereof to the middle line of Kootenay River; thence in a general southeasterly direction along the middle line of Kootenay River to an intersection with the International Boundary between Canada and United States; thence westerly along the International Boundary to the westerly boundary of the watershed of Moyie River, being the point of commencement.

 

Fernie Water District

Commencing at the intersection of the middle line of Kootenay River with the International Boundary between Canada and United States; thence in a general northwesterly direction along the middle line of Kootenay River to an intersection with the easterly prolongation of the southerly boundary of Sublot 107 of Lot 4596, Kootenay Land District; thence due east to a point on the natural boundary of Kootenay River, on the left bank thereof; thence in a general northeasterly and southeasterly direction along the northwesterly and northeasterly boundaries of the watershed of Lussier River to the westerly boundary of the watershed of Bull River; thence in a general northerly direction along the westerly boundaries of the watersheds of Bull River and Elk River to the Interprovincial Boundary between British Columbia and Alberta; thence in a general northeasterly and southeasterly direction along the Interprovincial Boundary to the International Boundary between Canada and United States; thence westerly along the International Boundary to the middle line of Kootenay River, being the point of commencement.

 

Golden Water District

Commencing at the southeast corner of Lot 109, Kootenay Land District, being a point on the natural boundary of Kootenay River, on the right bank thereof; thence westerly along the southerly boundary of Lot 109 to the southwest corner thereof; thence in a general northwesterly and southwesterly direction along the northeasterly and northwesterly boundaries of the watershed of Findlay Creek to the easterly boundary of the watershed of Kootenay Lake; thence in a general northerly direction along the easterly boundaries of the watersheds of Kootenay Lake and Duncan River to the northeasterly boundary of the watershed of Duncan River; thence in a general northwesterly and westerly direction along the northeasterly and northerly boundaries of the watershed of Duncan River to the easterly boundary of the watershed of Incomappleux River; thence in a general northerly direction along the easterly boundary of the watershed of Incomappleux River to the northeasterly boundary of the watershed of the streams flowing southwesterly into Columbia River; thence in a general northwesterly direction along the northeasterly boundary of the watershed of the streams flowing southwesterly and westerly into Columbia River to a point on the left bank of Columbia River due east of the confluence of Nagle Creek with Columbia River; thence due west to the mouth of Nagle Creek; thence in a general northwesterly direction along the northeasterly boundary of the watershed of Nagle Creek to the southeasterly boundary of the watershed of Foster Creek; thence in a general northeasterly and northerly direction along the southeasterly and easterly boundaries of the watershed of watershed of Foster Creek to the northerly boundary of the watershed of Franchere Creek; thence in a general easterly direction along the northerly boundary of the watershed of Franchere Creek to the natural boundary of McNaughton Lake, on the westerly shore thereof; thence northeasterly in a straight line to the northwesterly boundary of the watershed of Harvey Creek, being a point on the natural boundary of McNaughton Lake, on the easterly shore thereof; thence in a general northeasterly direction along the northwesterly boundary of the watershed of said Harvey Creek to the easterly boundary of the watershed of Dawson Creek; thence in a general northerly direction along the easterly boundary of the watershed of Dawson Creek to the southeasterly boundary of the watershed of Hugh Allan Creek; thence in a general northeasterly direction along the southeasterly boundary of the watershed of Hugh Allan Creek to the Interprovincial Boundary between British Columbia and Alberta; thence in a general southeasterly direction along the Interprovincial Boundary to the westerly boundary of the watershed of Elk River; thence in a general southerly direction along the westerly boundaries of the watersheds of Elk River and Bull River to the northeasterly boundary of the watershed of Lussier River; thence in a general northwesterly and southwesterly direction along the northeasterly and northwesterly boundaries of the watershed of Lussier River to a point on the natural boundary of Kootenay River, on the left bank thereof, said point being due east of the southeast corner of Sublot 107 of Lot 4596, Kootenay Land District; thence due west to the middle line of Kootenay River, thence in a general northerly direction along the middle line of Kootenay River to a point due east of the southeast corner of Lot 109, being the point of commencement.

 

Grand Forks Water District

Commencing at the intersection of the easterly boundary of the watershed of Nine Mile Creek with the International Boundary between Canada and United States; thence in a general northerly direction along the easterly boundary of the watershed of Nine Mile Creek to the easterly boundary of the watershed of Kettle River; thence in a general northerly, northeasterly and southerly direction along the easterly, northeasterly and easterly boundaries of the watershed of Kettle River to the International Boundary; thence easterly along the International Boundary to the easterly boundary of the watershed of Nine Mile Creek, being the point of commencement.

 

Hazelton Water District

Commencing at the most southerly corner of Lot 5187, Range 5, Coast District, being a point on the natural boundary of Skeena River, on the right bank thereof; thence in a general northerly direction along the easterly boundaries of the watersheds of Kitsumgalum River and Nass River to the northeasterly boundary of the watershed of Nass River; thence in a general northwesterly direction along the northeasterly boundary of the watershed of Nass River to the southeasterly boundary of the watershed of Stikine River; thence in a general northeasterly direction along the southeasterly boundary of the watershed of Stikine River to the northeasterly boundary of the watershed of Skeena River; thence in a general southeasterly and westerly direction along the northeasterly and southerly boundaries of the watershed of the Skeena River to the southeasterly boundary of the watershed of Shovel Creek; thence in a general southwesterly direction along the southeasterly boundary of the watershed of Shovel Creek to the northerly boundary of the watershed of Tatin Creek; thence in a general easterly and southeasterly direction along the northerly and northeasterly boundaries of the watershed of Tatin Creek to the northeast corner of Lot 3261, Range 5, Coast District; thence southerly along the easterly boundaries of Lots 3261, 3262, 3263, 3264, 6381, 3237 and 6339 to the northwest corner of Lot 3239; thence easterly along the northerly boundaries of Lots 3239, 6338 and 3240 to the northeast corner of Lot 3240; thence southerly along the easterly boundaries of Lots 3240, 6337, 3830 and 3831 to the southeast corner of Lot 3831; thence westerly and northerly along the southerly and westerly boundaries of Lot 3831 to the southeast corner of Lot 5197; thence westerly along the southerly boundary of Lot 5197 to the southwest corner thereof; thence southerly along the easterly boundary of Lot 5996 to the southeast corner thereof; thence westerly along the southerly boundaries of Lots 5996 and 5995 to the southwest corner of Lot 5995; thence in a general westerly and southerly direction along the northerly and westerly boundaries of the watershed of Stellako River to the northeast corner of Lot 2567; thence southerly along the easterly boundary of Lot 2567 to the southeast corner thereof; thence easterly and southerly along the northerly and easterly boundaries of Lot 2569, Range 5, Coast District, to the southeast corner thereof, being a point on the natural boundary of Francois Lake, on the northerly shore thereof; thence in a general easterly and southerly direction along the natural boundary of Francois Lake, on the northerly and easterly shores thereof, to the northwest corner of Lot 72, Range 4, Coast District; thence easterly along the northerly boundaries of Lots 72, 73 and 2613 to the northeast corner of Lot 2613; thence in a general easterly, southerly, southwesterly and westerly direction along the northerly, easterly, southeasterly and southerly boundaries of the watershed of Nithi River to the northeasterly boundary of the watershed of Knapp Creek; thence in a general southeasterly and southwesterly direction along the northeasterly and southeasterly boundaries of the watershed of Knapp Creek to the northeasterly boundary of the watershed of the streams flowing westerly into Cheslatta Lake and Murray Lake; thence in a general southeasterly direction along the northeasterly boundary of the watershed of the streams flowing westerly into Cheslatta Lake and Murray Lake to the most northerly corner of Lot 3088, Range 4, Coast District; thence southerly along the easterly boundary of Lot 3088 to the southeast corner thereof; thence in a general southerly direction along the easterly boundary of the watershed of the streams flowing westerly into Nechako River to the southerly boundary of the watershed of Cutoff Creek; thence in a general easterly direction along the southerly boundaries of the watersheds of Cutoff Creek and Swanson Creek to the easterly boundary of the watershed of Big Bend Creek; thence in a general southerly direction along the easterly boundary of the watershed of Big Bend Creek to the westerly boundary of the watershed of West Road River; thence in a general southerly and southwesterly direction along the westerly and northwesterly boundaries of the watershed of West Road River to the northeasterly boundary of the watershed of Dean River; thence in a general northwesterly direction along the northeasterly boundary of the watershed of Dean River to Mile-post 74 as set on the 53rd parallel of north latitude as defined by survey upon the ground; thence due north to the southwest corner of Lot 507, Range 4, Coast District; thence due west to the northwesterly boundary of the watershed of Dean River; thence in a general southwesterly direction along the northwesterly boundary of the watershed of Dean River to the Cascade Mountains, as defined for administrative purposes in the Interpretation Act, R.S.B.C. 1996, chapter 238; thence in a general northwesterly, westerly and southwesterly direction along the Cascade Mountains to the northwest corner of Lot 374, Range 5, Coast District, being a point on the natural boundary of Skeena River, on the left bank thereof; thence northwesterly in a straight line to the most southerly corner of Lot 5187, being the point of commencement.

 

Kamloops Water District

Commencing at the most easterly corner of Lot 2457, KDYD, being a point on the natural boundary of Thompson River, on the right bank thereof; thence in a general northerly and easterly direction along the westerly and northerly boundaries of the watershed of Kamloops Lake to the westerly boundary of the watershed of North Thompson River; thence in a general northerly direction along the westerly boundary of the watershed of North Thompson River to the southwesterly boundary of the watershed of Eakin Creek; thence in a general northwesterly direction along the southwesterly boundaries of the watersheds of Eakin Creek and Lac des Roches to the southerly boundary of the watershed of Donald Creek; thence in a general easterly, northwesterly and westerly direction along the southerly, northeasterly and northerly boundaries of the watershed of Donald Creek to the easterly boundary of Lillooet Land District; thence northerly along the easterly boundary of Lillooet Land District to the northeast corner of Lot 8424, Lillooet Land District; thence in a general northeasterly direction along the southeasterly boundary of the watershed of the streams flowing southwesterly into Canimred Creek to the southeasterly boundary of the watershed of Aqua Creek; thence in a general northeasterly and northerly direction along the southeasterly and easterly boundaries of the watershed of Aqua Creek to the natural boundary of Mahood Lake on the southerly shore thereof; thence in a general westerly direction along the natural boundary of Mahood Lake, on the southerly shore thereof, to the northeast corner of Lot 3546, KDYD; thence southerly along the easterly boundary of Lot 3546 to the southeast corner thereof; thence westerly along the southerly boundaries of Lots 3546 and 2882 and the prolongation westerly thereof to the easterly boundary of Lillooet Land District; thence northerly along the easterly boundary of Lillooet Land District to the northeast corner of Lillooet Land District; thence easterly along the southerly boundary of Cariboo Land District to the westerly boundary of the watershed of Clearwater River; thence in a general northerly and easterly direction along the westerly and northerly boundaries of the watershed of Clearwater River to the northeasterly boundary of the watershed of North Thompson River; thence in a general southeasterly direction along the northeasterly boundary of the watershed of North Thompson River to the westerly boundary of the watershed of Columbia River; thence in a general southerly direction along the westerly boundary of the watershed of Columbia River to the southerly boundary of the watershed of Eagle River; thence in a general westerly direction along the southerly boundary of the watershed of Eagle River to the southeasterly boundary of the watershed of Sicamous Creek; thence in a general southwesterly direction along the southeasterly boundary of the watershed of Sicamous Creek to the summit of Mount Mara; thence in a general westerly direction along the northerly boundary of the watershed of Hummingbird Creek to a point lying due south of the southeast corner of the southwest quarter of Section 13, Township 21, Range 8, W6M; thence due north to said corner; thence northerly and westerly along the easterly and northerly boundaries of the said southwest quarter of Section 13 to the intersection with the natural boundary of Mara Lake on the easterly shore thereof; thence southwesterly in a straight line to the intersection of the northerly boundary of Section 10, Township 21, Range 8, W6M, with the natural boundary of Mara Lake on the westerly shore thereof; thence westerly along the northerly boundary of said Section 10 to the northwest corner thereof; thence due west to the northwesterly boundary of the watershed of Mara Lake; thence in a general southwesterly direction along the northwesterly boundary of the watershed of Mara Lake, Shuswap River and Okanagan Lake to the northeasterly boundary of the watershed of Nicola River; thence in a general northwesterly direction along the northeasterly boundary of the watershed of Nicola River to the westerly boundary of the watershed of Upper Ranch Creek; thence in a general northerly direction along the westerly boundary of the watershed of Upper Ranch Creek to the northwest corner of Lot 421; thence due north to the middle line of Thompson River; thence in a general easterly direction along the middle line of Thompson River to a point due south of the most easterly corner of Lot 2457; thence due north to aforesaid most easterly corner of Lot 2457, being the point of commencement.

 

Kaslo Water District

Commencing at the southeast corner of Lot 12075, Kootenay Land District, being a point on the natural boundary of Kootenay Lake, on the westerly shore thereof; thence westerly along the southerly boundary of Lot 12075 to the southwest corner thereof; thence in a general northwesterly direction along the southwesterly boundaries of the watersheds of Queens Creek, Coffee Creek and Kaslo River to the westerly boundary of the watershed of Kaslo River; thence in a general northerly direction along the westerly boundary of the watershed of Kootenay Lake to the southwesterly boundary of the watershed of Duncan River; thence in a general northwesterly, northeasterly, easterly, southeasterly and southerly direction along the southwesterly, northwesterly, northerly, northeasterly and easterly boundaries of the watershed of Duncan River to the easterly boundary of the watershed of Kootenay Lake; thence in a general southerly direction along the easterly boundary of the watershed of Kootenay Lake to the northerly boundary of the watershed of Crawford Creek; thence in a general westerly direction along the northerly boundaries of the watersheds of Crawford Creek and Tam O'Shanter Creek to the northeast corner of Sublot 71 of Lot 4595, Kootenay Land District; thence westerly along the northerly boundary of Sublot 71 of Lot 4595 and the prolongation westerly thereof to the middle line of Kootenay Lake; thence in a general southerly direction along the middle line of Kootenay Lake to a point due east of the southeast corner of Lot 12075; thence due west to aforesaid southeast corner of Lot 12075, being the point of commencement.

 

Liard Water District

Commencing at Post 400 on the British Columbia-Yukon Boundary; thence easterly along the British Columbia-Yukon Boundary and the British Columbia-Northwest Territories Boundary to the Interprovincial Boundary between British Columbia and Alberta; thence southeasterly along the Interprovincial Boundary between British Columbia and Alberta to the northerly boundary of the watershed of Peace River; thence in a general westerly direction along the northerly boundary of the watershed of Peace River to the northeasterly boundary of the watershed of Stikine River; thence in a general northwesterly and westerly direction along the northeasterly and northerly boundaries of the watershed of Stikine River to the southeasterly boundary of the watershed of Dease River; thence in a general northeasterly and northerly direction along the southeasterly and easterly boundaries of the watershed of Dease River to the southwesterly boundary of the watershed of the streams flowing northeasterly and northerly into Liard River; thence in a general southeasterly and northerly direction along and northerly into Liard River to the natural boundary of Liard River, on the right bank thereof; thence due north to Post 400 on the British Columbia-Yukon Boundary, being the point of commencement.

 

Nanaimo Water District

Commencing at the most northerly northeast corner of Section 20, Range 4, Chemainus Land District, being a point on the natural boundary of Stuart Channel; thence in a general westerly direction along the northerly boundaries of the watersheds of Askew Creek, Chemainus River, and Cowichan River to the easterly boundary of the watershed of Nitinat River; thence in a general northerly and northwesterly direction along the easterly and northeasterly boundaries of the watershed of Nitinat River to the southwesterly boundary of the watershed of Cameron River; thence in a general northwesterly direction along the southwesterly boundaries of the watersheds of Cameron River, Qualicum River, Rosewall Creek, Wilfred Creek and Tsable River to the southerly boundary of the watershed of Puntledge River; thence in a general westerly direction along the southerly boundaries of the watersheds of Puntledge River and Campbell River to the southwesterly boundary of the watershed of Campbell River; thence in a general northwesterly direction along the southwesterly boundaries of the watersheds of Campbell River and Salmon River to the southerly boundary of the watershed of Salmon River; thence in a general westerly direction along the southerly boundary of the watershed of Salmon River to the southeasterly boundary of the watershed of Nimpkish River; thence in a general southwesterly direction along the southeasterly boundary of the watershed of Nimpkish River to the southwesterly boundary thereof; thence in a general northwesterly direction along the southwesterly boundaries of the watersheds of Nimpkish River, Cluxewe River, Keogh River, Quatsie River, Nahwitti River, Stranby River, Laura Creek and Dakota Creek to the northwest corner of Fractional Township 42, Rupert Land District, being a point on the natural boundary of Fisherman Bay; thence due north to the 51st parallel of north latitude; thence northeasterly in a straight line to the most westerly corner of Lot 238, Range 2, Coast District, being a point on the natural boundary of Silvester Bay; thence easterly along the southerly boundaries of Lots 239 and 240 to the southeast corner of Lot 240; thence northerly along the easterly boundaries of Lots 240 and 241 to the northeast corner of Lot 241; thence easterly along the southerly boundary of Lot 748 to the southeast corner thereof; thence due east to the easterly boundary of the watersheds of the streams flowing westerly into Queen Charlotte Sound; thence in a general southerly direction along the easterly boundary of the watersheds of the streams flowing westerly into Queen Charlotte Sound to the northerly boundary of the watershed of the streams flowing easterly into Pack Lake; thence in a general easterly direction along the northerly boundaries of the watersheds of the streams flowing easterly and southerly into Pack Lake and Mereworth Sound to the northerly boundary of the watershed of Parson Creek; thence in a general easterly and northeasterly direction along the northerly and northwesterly boundaries of the watersheds of Parson Creek and the streams flowing southwesterly into Allison Sound to the northwesterly boundary of the watershed of Waump Creek; thence in a general northwesterly and easterly direction along the northwesterly and northerly boundaries of the watershed of Waump Creek to the westerly boundary of the watershed of Seymour River; thence in a general northerly and easterly direction along the westerly and northerly boundaries of the watershed of Seymour River to the northwesterly boundary of the watershed of Wakeman River; thence in a general northeasterly and southeasterly direction along the northwesterly and northeasterly boundaries of the watershed of Wakeman River to the northeasterly boundary of the watershed of Kingcome River; thence in a general southeasterly direction along the northeasterly boundary of the watershed of Kingcome River to the westerly boundary of the watershed of Klinaklini River; thence in a general northerly direction along the westerly boundary of the watershed of Klinaklini River to the summit of Silverthrone Mountain; thence southeasterly in a straight line to the summit of Mount Waddington; thence in a general southerly direction along the westerly boundaries of the watersheds of Homathko River, Bear River, Phillips River and the streams flowing easterly into Phillips Arm to Picton Point, situated on the natural boundary of Cordero Channel; thence due east to the middle line of Cordero Channel; thence in a general easterly and southeasterly direction along the middle lines of Cordero Channel (passing to the south of Dent and Gillard Islands), Yuculta Rapids, Calm Channel and Lewis Channel and the southeasterly prolongation thereof (passing to the west of Kinghorn Island and to the east of Powell Islets) to the middle line of Manson Passage; thence in a general southwesterly direction along the middle line of the Manson Passage and the southwesterly prolongation thereof to the middle line of the Strait of Georgia; thence in a general southeasterly direction along the middle line of the Strait of Georgia to a point due east of the northern extremity of Hornby Island; thence due east to the northerly prolongation of the middle line of Sabine Channel; thence in a general southerly direction to and along the middle line of Sabine Channel (passing to the east of Jedediah Island and Jervis Island) and the southerly prolongation thereof to a point due east of the southerly extremity of Lasqueti Island; thence due east to an intersection with the southerly prolongation of the middle line of Malaspina Strait; thence in a general southerly direction along the said southerly prolongation to its intersection with the middle line of the Strait of Georgia; thence in a general southeasterly direction along the middle line of the Strait of Georgia to a point due east of the easterly prolongation of the middle line of Porlier Pass; thence due west to an intersection with the middle line of Porlier Pass to a point due north of Dionisio Point, situated on Galiano Island; thence in a general westerly direction along the middle line of Porlier Pass and the westerly prolongation thereof to the middle line of the channel separating Thetis Island and Reid Island; thence in a general southerly direction along the middle line of the channel separating Thetis Island and Kuper Island from Reid Island, Norway Island and Secretary Island and Houston Passage and the southerly prolongation of aforesaid Houston Passage to an intersection with the middle line of Stuart Channel; thence in a general northwesterly direction along the middle line of Stuart Channel to a point due east of the most northerly northeast corner of Section 20, Range 4, Chemainus Land District; thence due west to the most northerly northeast corner of aforesaid Section 20, Range 4, being the point of commencement.

 

Nelson Water District

Commencing at the intersection of the easterly boundary of the watershed of Kettle River with the International Boundary between Canada and United States; thence in a general northerly direction along the easterly boundaries of the watersheds of Kettle River and Shuswap River to the southerly boundary of the watershed of Cranberry Creek; thence in a general easterly direction along the southerly boundary of the watershed of Cranberry Creek to the southwesterly boundary thereof; thence in a general southeasterly direction along the southwesterly boundaries of the watersheds of Cranberry Creek and Bannock Creek to the southwest corner of Lot 16284, Kootenay Land District; thence easterly along the southerly boundary of Lot 16284 and the easterly prolongation thereof to the middle line of Upper Arrow Lake; thence in a general northeasterly direction along the middle lines of Upper Arrow Lake and Northeast Arm thereof to a point due south of the southeast corner of Lot 7648; thence due north to the southeast corner of said Lot 7648, being a point on the natural boundary of the northeast arm of Upper Arrow Lake, on the northerly shore thereof; thence in a general northerly direction along the easterly boundaries of the watersheds of Henrys Creek, Wallis Creek, Dupont Creek and Crawford Creek to the northwesterly boundary of the watershed of Hadow Creek; thence in a general northeasterly direction along the northwesterly boundaries of the watersheds of Hadow Creek, Comaplix Creek and Incomappleux River to the easterly boundary of the watershed of Incomappleux River; thence in a general southerly direction along the easterly boundary of the watershed of Incomappleux River to the northwesterly boundary of the watershed of Duncan River; thence in a general southwesterly and southeasterly direction along the northwesterly and southwesterly boundaries of the watershed of Duncan River to the westerly boundary of the watershed of Kootenay Lake; thence in a general southerly direction along the westerly boundary of the watershed of Kootenay Lake to the southwesterly boundary of the watershed of Kaslo River; thence in a general southeasterly direction along the southwesterly boundaries of the watersheds of Kaslo River, Coffee Creek and Queens Creek to the southwest corner of Lot 12075, Kootenay Land District; thence easterly along the southerly boundary of Lot 12075 and the easterly prolongation thereof to the middle line of Kootenay Lake; thence in a general northerly direction along the middle line of Kootenay Lake to a point due west of the northwest corner of Sublot 71 of Lot 4595; thence due east to the northwest corner of Sublot 71 of Lot 4595, being a point on the natural boundary of Kootenay Lake, on the easterly shore thereof; thence easterly along the northerly boundary of said Sublot 71 to the northeast corner thereof; thence in a general easterly direction along the northerly boundaries of the watersheds of Tam O'Shanter Creek and Crawford Creek to the westerly boundary of the watershed of St. Mary River; thence in a general southerly direction along the westerly boundaries of the watersheds of St. Mary River and Moyie River to the International Boundary; thence westerly along the International Boundary to the easterly boundary of the watershed of Kettle River, being the point of commencement.

 

New Westminster Water District

Commencing at the intersection of the easterly boundary of Manning Provincial Park, as at this date, April 24, 1984, with the International Boundary between Canada and the United States; thence westerly along said International Boundary to the middle line of the Strait of Georgia; thence in a general northwesterly direction along said middle line of the Strait of Georgia to a point thereon lying due west of the most southerly corner of Lot 5547, Group 1, New Westminster District; thence due east to said corner and continuing due east to a point on a line drawn parallel to and 152.4 metres (500 feet) perpendicularly distant southerly from the southwesterly boundary of Musqueam Indian Reserve Number 2, being a point on the southwesterly boundary of the City of Vancouver; thence in a general southeasterly, easterly and northerly direction along the southwesterly, southerly and easterly boundaries of the City of Vancouver to the northerly boundary of the watershed of Fraser River; thence in a general easterly direction along said northerly boundary of the watershed of Fraser River to the westerly boundary of the watershed of Coquitlam River; thence in a general northerly direction along the westerly boundaries of the watersheds of Coquitlam River and Pitt River to the southwesterly boundary of the watershed of Lillooet River; thence in a general northwesterly and northeasterly direction along the southwesterly and northwesterly boundaries of the watershed of Lillooet River to the Cascade Mountains; thence in a general southeasterly direction along the Cascade Mountains to the northerly boundary of the watershed of Nahatlatch River; thence in a general easterly direction along said northerly boundary of the watershed of Nahatlatch River to the northerly boundary of Township 12, Range 27, west of the sixth meridian; thence easterly along the northerly boundaries of Township 12 in Ranges 27 and 26, west of the sixth meridian to the northwesterly boundary of the watershed of Mowhokam Creek; thence in a general northeasterly and easterly direction along the northwesterly and northerly boundaries of the watershed of Mowhokam Creek to the easterly boundary of the watershed of Fraser River; thence in a general southerly direction along said easterly boundary of the watershed of Fraser River to the northerly boundary of the watershed of Coquihalla River; thence in a general easterly and southerly direction along the northerly and easterly boundaries of the watershed of Coquihalla River to the northerly boundary of the watershed of Skagit River; thence in general easterly and southerly direction along the northerly and easterly boundaries of the watershed of Skagit River to the northerly boundary of Manning Provincial Park; thence in a general easterly and southerly direction along the northerly and easterly boundaries of Manning Provincial Park to the point of commencement.

 

Nicola Water District

Commencing at the confluence of Nicola River with Thompson River; thence in a general easterly, northerly, southeasterly, southwesterly, westerly and southwesterly direction along the northerly, westerly, northeasterly, southeasterly, southerly and southeasterly boundaries of the watershed of Nicola River to the southeasterly boundary of the watershed of Anderson River; thence in a general northerly and westerly direction along the easterly and northerly boundaries of the watershed of Anderson River to the westerly boundary of the watershed of Nicola River; thence in a general northerly direction along the westerly boundary of the watershed of Nicola River to the most westerly corner of Indian Reserve 1 (Kumcheen), being a point on the natural boundary of Thompson River, on the left bank thereof; thence due north to the middle line of Thompson River; thence in a general northeasterly direction along the middle line of Thompson River to a point due west of the confluence of Nicola River with Thompson River; thence due east to the aforesaid confluence of Nicola River with Thompson River, being the point of commencement.

 

Peace River Water District

Commencing at the intersection of the northerly boundary of the watershed of Peace River with the Interprovincial Boundary between British Columbia and Alberta; thence southeasterly along the Interprovincial Boundary to the northeasterly boundary of the watershed of Fraser River; thence in a general northwesterly direction along the northeasterly boundaries of the watersheds of Fraser River and Parsnip River to the northwesterly boundary of the watershed of Pine River; thence in a general northeasterly direction along the northwesterly boundaries of the watersheds of Pine River and Moberly River to a point due south of the confluence of Farrell Creek with Peace River; thence due north to and across Peace River to the confluence of Farrell Creek with Peace River; thence in a general northerly and westerly direction along the easterly and northerly boundaries of the watershed of Farrell Creek to the northerly boundary of the watershed of Williston Lake; thence in a general westerly direction along the northerly boundary of the watershed of Williston Lake to the northeasterly boundary of the watershed of Finlay River; thence in a general northwesterly direction along the northeasterly boundary of the watershed of Finlay River to the northerly boundary of the watershed of Peace River; thence in a general easterly direction along the northerly boundary of the watershed of Peace River to an intersection with the Interprovincial Boundary, being the point of commencement.

 

Pentiction Water District

Commencing at the intersection of the northeasterly boundary of the watershed of Similkameen River with the International Boundary between Canada and the United States; thence in a general northwesterly direction along the northeasterly boundary of the watershed of Similkameen River to the southerly boundary of the watershed of Nicola River; thence in a general easterly direction along the southerly boundary of the watershed of Nicola River to the southwesterly boundary of the watershed of Peachland Creek; thence in a general southeasterly direction along the southwesterly boundary of the watershed of Peachland Creek to the southwest corner of Lot 2533, ODYD; thence easterly along the southerly boundary of Lot 2533 to the southeast corner thereof, being a point on the natural boundary of Okanagan Lake, on the westerly shore thereof; thence easterly in a straight line to the northerly corner of Lot 2726(S), SDYD, situated at Squally Point, being a point on the natural boundary of Okanagan Lake, on the easterly shore thereof; thence in a general easterly direction along the northerly boundary of the watershed of the streams flowing southwesterly into Okanagan Lake to the westerly boundary of the watershed of Kettle River; thence in a general southerly direction along the westerly boundary of the watershed of Kettle River and the easterly boundary of the watershed of Nine Mile Creek to the International Boundary; thence westerly along the International Boundary to an intersection with the northeasterly boundary of the watershed of Similkameen River, being the point of commencement.

 

Prince George Water District

Commencing at the northeast corner of Lot 11996, Cariboo Land District, being a point on the natural boundary of Fraser River, on the left bank thereof; thence due north to the middle line of Fraser River; thence in a general southwesterly direction along the middle line of Fraser River to an intersection with the easterly prolongation of the middle line of West Road River; thence in a general westerly direction along the middle line of West Road River to a point southwest of the southeast corner of Lot 1469, Cariboo Land District; thence northeasterly in a straight line to the southeast corner of Lot 1469, being a point on the natural boundary of West Road River, on the left bank thereof; thence northerly along the easterly boundaries of Lots 1469, 1461 and 1448 to the southerly boundary of the watershed of Chilako River; thence in a general westerly direction along the southerly boundary of the watershed of Chilako River to the easterly boundary of the watershed of Big Bend Creek; thence in a general northerly direction along the easterly boundary of the watershed of Big Bend Creek to the southerly boundary of the watershed of Swanson Creek; thence in a general westerly direction along the southerly boundaries of the watersheds of Swanson Creek and Cut off Creek to the easterly boundary of the watershed of the streams flowing westerly into the Nechako River; thence in a general northerly direction along the easterly boundary of the watershed of the streams flowing westerly into the Nechako River to the southeast corner of Lot 3088, Range 4, Coast District; thence northerly along the easterly boundary of Lot 3088 to the northeast corner thereof; thence in a general northwesterly direction along the northeasterly boundary of the watershed of the streams flowing westerly into Murray Lake and Cheslatta Lake to the southeasterly boundary of the watershed of Knapp Creek; thence in a general northeasterly and northwesterly direction along the southeasterly and northeasterly boundaries of the watershed of Knapp Creek to the southerly boundary of the watershed of Nithi River; thence in a general easterly, northeasterly, northerly and westerly direction along the southerly, southeasterly, easterly and northerly boundaries of the watershed of Nithi River to the northeast corner of Lot 2613; thence westerly along the northerly boundaries of Lots 2613, 73 and 72 to the northwest corner of Lot 72, being a point on the natural boundary of Francois Lake, on the easterly shore thereof; thence in a general northerly and westerly direction along the natural boundary of Francois Lake, on the easterly and northerly shores thereof, to the southeast corner of Lot 2569, Range 5, Coast District; thence northerly and westerly along the easterly and northerly boundaries of Lot 2569 to the northwest corner thereof; thence northerly along the easterly boundary of Lot 2567 to the northeast corner thereof; thence in a general northerly and easterly direction along the westerly and northerly boundaries of the watershed of Stellako River to the southwest corner of Lot 5995; thence easterly along the southerly boundaries of Lots 5995 and 5996 to the southeast corner of Lot 5996; thence northerly along the easterly boundary of Lot 5996 to the southwest corner of Lot 5197; thence easterly along the southerly boundary of Lot 5197 to the southeast corner thereof; thence southerly and easterly along the westerly and southerly boundaries of Lot 3831 to the southeast corner thereof; thence northerly along the easterly boundaries of Lots 3831, 3830, 6337 and 3240 to the northeast corner of Lot 3240; thence westerly along the northerly boundaries of Lots 3240, 6338 and 3239 to the northwest corner of Lot 3239; thence northerly along the easterly boundaries of Lots 6339, 3237, 6381, 3264, 3263, 3262 and 3261 to the northeast corner of Lot 3261; thence in a general northerly and westerly direction along the easterly and northerly boundaries of the watershed of Tatain Creek to the southeasterly boundary of the watershed of Shovel Creek; thence in a general northeasterly direction along the southeasterly boundary of the watershed of Shovel Creek to the southerly boundary of the watershed of Skeena River; thence in a general easterly and northwesterly direction along the southerly and northeasterly boundaries of the watershed of Skeena River to the northwesterly boundary of the watershed of Finlay River; thence in a general northeasterly, easterly and southeasterly direction along the northwesterly, northerly and northeasterly boundaries of the watershed of Finlay River to the northerly boundary of the watershed of Williston Lake; thence in a general easterly direction along the northerly boundary of the watershed of Williston Lake to the northerly boundary of the watershed of Farrell Creek; thence in a general easterly and southerly direction along the northerly and easterly boundaries of the watershed of Farrell Creek to its confluence with Peace River; thence due south to the natural boundary of Peace River, on the right bank thereof; thence southerly to the northwesterly boundary of the watershed of Moberly River; thence in a general southwesterly direction along the northwesterly boundaries of the watersheds of Moberly River and Pine River to the northeasterly boundary of the watershed of Parsnip River; thence in a general southeasterly direction along the northeasterly boundaries of the watersheds of Parsnip River and Fraser River to the Interprovincial Boundary between British Columbia and Alberta; thence in a general southeasterly direction along the Interprovincial Boundary to the southeasterly boundary of the watershed of Hugh Allan Creek; thence in a general southwesterly direction along the southeasterly boundary of the watershed of Hugh Allan Creek to the easterly boundary of the watershed of Dawson Creek; thence in a general southerly direction along the easterly boundary of the watershed of Dawson Creek to the northwesterly boundary of the watershed of Harvey Creek; thence in a general southwesterly direction along the northwesterly boundary of the watershed of Harvey Creek to the natural boundary of McNaughton Lake, on the easterly shore thereof; thence southwesterly in a straight line to the northerly boundary of the watershed of Franchere Creek, being a point on the natural boundary of McNaughton Lake, on the westerly shore thereof; thence in a general westerly direction along the northerly boundary of the watershed of Franchere Creek to the southeasterly boundary of the watershed of Foster Creek; thence in a general southwesterly and westerly direction along the southeasterly and southerly boundaries of the watershed of Foster Creek to the easterly boundary of the watershed of North Thompson River; thence in a general northerly and northwesterly direction along the easterly and northeasterly boundaries of the watershed of North Thompson River to the northeasterly boundary of the watershed of Quesnel River; thence in a general northwesterly direction along the northeasterly boundary of the watershed of Quesnel River to the easterly boundary of the watershed of Wolverine River; thence in a general northerly and southwesterly direction along the easterly and northwesterly boundaries of the watershed of Wolverine River to the northwesterly boundary of Bowron Lake Park; thence in a general southwesterly, westerly and southerly direction along the northwesterly, northerly and westerly boundaries of Bowron Lake Park to a point due east of the northeast corner of Lot 9445, Cariboo Land District; thence due west to the northeast corner of Lot 9445; thence westerly along the northerly boundary of Lot 9445 and the prolongation westerly thereof to the northerly boundary of the watershed of West Creek; thence in a general westerly and northerly direction along the northerly and easterly boundaries of the watershed of West Creek to the southeasterly boundary of the watershed of Stephanie Creek; thence in a general southwesterly, westerly and northerly direction along the southeasterly, southerly and westerly boundaries of the watershed of Stephanie Creek to the confluence of Stephanie Creek and Willow River; thence due west to the westerly boundary of the watershed of Willow River; thence in a general southerly direction along the westerly boundary of the watershed of Willow River to the easterly boundary of the watershed of Ahbau Creek; thence in a general southerly and southwesterly direction along the easterly and southeasterly boundaries of the watershed of Ahbau Creek to the easterly boundary of the watershed of Bellos Creek; thence in a general southerly and westerly direction along the easterly and southerly boundaries of the watershed of Bellos Creek to the natural boundary of Cottonwood River, on the right bank thereof; thence due west to the middle line of Cottonwood River; thence in a general northwesterly and southwesterly direction along the middle line of Cottonwood River to a point due east of the southeast corner of Lot 8598, Cariboo Land District; thence due west to the southeast corner of Lot 8598, being a point on the natural boundary of Cottonwood River, on the right bank thereof; thence in a general northwesterly direction along the southwesterly boundary of the watershed of Nelson Kenny Creek to the southwesterly boundary of the watershed of Whites Landing Creek; thence in a general northwesterly and northerly direction along the southwesterly and westerly boundaries of the watershed of Whites Landing Creek to the northeast corner of Lot 11996, Cariboo Land District, being the point of commencement.

 

Prince Rupert Water District

Commencing at the intersection of the westerly prolongation of the International Boundary between British Columbia and Alaska with the 133rd meridian of west longitude; thence in a general easterly, northerly and northwesterly direction along the International Boundary to the southeasterly boundary of the watershed of Stikine River; thence in a general northeasterly and easterly direction along the southeasterly and southerly boundaries of the watershed of Stikine River to the northeasterly boundary of the watershed of Nass River; thence in a general southeasterly direction along the northeasterly boundary of the watershed of Nass River to the easterly boundary thereof; thence in a general southerly direction along the easterly boundaries of the watersheds of Nass River and Kitsumkalum River to the most southerly corner of Lot 5187, Range 5, Coast District, being a point on the natural boundary of Skeena River, on the right bank thereof; thence southeasterly in a straight line to northwest corner of Lot 374, being a point on the natural boundary of Skeena River, on the left bank thereof; thence in a general northeasterly, easterly and southeasterly direction along the Cascade Mountains, as defined for administrative purposes in the Interpretation Act, R.S.B.C. 1996, chapter 238, to the easterly boundary of the watershed of Kitlope River; thence in a general southerly, southwesterly and northwesterly direction along the easterly, southeasterly and southwesterly boundaries of the watershed of Kitlope River to the southerly boundary of the watershed of Tezwa River; thence in a general westerly direction along the southerly boundary of the watershed of Tezwa River to the southeasterly boundary of the watershed of Lard Creek; thence in a general southwesterly and northwesterly direction along the southeasterly and southwesterly boundaries of the watershed of Lard Creek to the mouth of Lard Creek; thence in a general northwesterly direction along the middle line of Kynoch Inlet to the middle line of Mathieson Channel; thence in a general southwesterly direction along the middle line of Mathieson Channel and the prolongation southwesterly thereof to the middle line of Milbanke Sound; thence in a general southwesterly direction along the middle line of Milbanke Sound to an intersection with the middle line of Hecate Strait; together with Haida Gwaii and all islands adjacent thereto.

[am. B.C. Reg. 251/2010, Sch. s. 4.]

 

Princeton Water District

Commencing at the intersection of the easterly boundary of Manning Provincial Park with the International Boundary between Canada and United States; thence in a general northerly and westerly direction along the easterly and northerly boundaries of Manning Provincial Park to the westerly boundary of the watershed of Similkameen River; thence in a general northerly, northeasterly, easterly and southeasterly direction along the westerly, northwesterly, northerly and northeasterly boundaries of the watershed of Similkameen River to the International Boundary between Canada and United States; thence westerly along the International Boundary to the intersection with the easterly boundary of Manning Provincial Park, being the point of commencement.

 

Quesnel Water District

Commencing at the northeast corner of Lot 11996, Cariboo Land District, being a point on the natural boundary of Fraser River, on the left bank thereof; thence in a general southerly and southeasterly direction along the westerly and southwesterly boundaries of the watershed of Whites Landing Creek to the southwesterly boundary of the watershed of Nelson Kenny Creek; thence in a general southeasterly direction along the southwesterly boundary of the watershed of Nelson Kenny Creek to the southeast corner of Lot 8598, Cariboo Land District, being a point on the natural boundary of Cottonwood River, on the right bank thereof; thence due east to the middle line of Cottonwood River; thence in a general northeasterly and southeasterly direction along the middle line of Cottonwood River to a point due west of the southerly boundary of the watershed of Bellos Creek; thence due east to the southerly boundary of the watershed of Bellos Creek; thence in a general easterly and northerly direction along the southerly and easterly boundaries of the watershed of Bellos Creek to the southeasterly boundary of the watershed of Ahbau Creek; thence in a general northeasterly and northerly direction along the southeasterly and easterly boundaries of the watershed of Ahbau Creek to the westerly boundary of the watershed of Willow River; thence in a general northerly direction along the westerly boundary of the watershed of Willow River to a point due west of the confluence of Willow River and Stephanie Creek; thence due east to said confluence; thence in a general southerly, easterly and northeasterly direction along the westerly, southerly and southeasterly boundaries of the watershed of Stephanie Creek to the easterly boundary of the watershed of West Creek; thence in a general southerly and easterly direction along the easterly and northerly boundaries of the watershed of West Creek to a point lying due west of the northwest corner of Lot 9445; thence due east to the northwest corner of Lot 9445; thence easterly along the northerly boundary of Lot 9445 to the northeast corner thereof; thence due east to the westerly boundary of Bowron Lake Park; thence in a general northerly, easterly and northeasterly direction along the westerly, northerly and northwesterly boundaries of Bowron Lake Park to a point due north of the northwest corner of Lot 9882; thence due south to the northwest corner of Lot 9882; thence southerly along the westerly boundary of Lot 9882 to the southwest corner thereof; thence in a general southeasterly and southwesterly direction along the southwesterly and northwesterly boundaries of the watershed of Quesnel River to the confluence of Beaver Creek with Quesnel River; thence in a general southwesterly and southerly direction along the northwesterly and westerly boundaries of the watershed of Beaver Creek to the northwesterly boundary of the watershed of McLeese Lake; thence in a general southwesterly direction along the northwesterly boundary of the watershed of McLeese Lake to the southeast corner of Lot 9482; thence westerly along the southerly boundary of Lot 9482 to the southwest corner thereof; thence northwesterly in a straight line to the southeast corner of Lot 6106, Cariboo Land District, being a point on the natural boundary of Fraser River, on the right bank thereof; thence westerly along the southerly boundary of Lot 6106 to the southwest corner thereof; thence westerly along the southerly boundary of Lot 6106 to the southwest corner thereof; thence in a general southwesterly direction along the northwesterly boundary of the watershed of Mackin Creek to the northeasterly boundary of the watershed of Chilcotin River; thence in a general northwesterly direction along the northeasterly boundary of the watershed of Chilcotin River to the northeasterly boundary of the watershed of Dean River; thence in a general northwesterly direction along the northeasterly boundary of the watershed of Dean River to the northwesterly boundary of the watershed of West Road River; thence in a general northeasterly direction along the northwesterly boundary of the watershed of West Road River to the southerly boundary of the watershed of Chilako River; thence in a general easterly direction along the southerly boundary of the watershed of Chilako River to the easterly boundary of Lot 1448, Cariboo Land District; thence southerly along the easterly boundaries of Lots 1448, 1461 and 1469 to the southeast corner of Lot 1469, being a point on the natural boundary of West Road River, on the left bank thereof; thence southwesterly in a straight line to the middle line of said West Road River; thence in a general easterly direction along the middle line of West Road River and the easterly prolongation thereof to the middle line of Fraser River; thence in a general northeasterly direction along the middle line of Fraser River to a point due north of the northeast corner of Lot 11996, Cariboo Land District; thence due south to the northeast corner of Lot 11996, being the point of commencement.

 

Revelstoke Water District

Commencing at the southwest corner of Lot 16284, Kootenay Land District, being a point on the natural boundary of Upper Arrow Lake, on the westerly shore thereof; thence in a general northwesterly direction along the southwesterly boundaries of the watersheds of Bannock Creek and Cranberry Creek to the southerly boundary of the watershed of Cranberry Creek; thence in a general westerly direction along the southerly boundary of the watershed of Cranberry Creek to the westerly boundary of the watershed of Columbia River; thence in a general direction along the westerly boundary of the watershed of Columbia River to the southerly boundary of the watershed of Foster Creek; thence in a general easterly direction along the southerly boundary of the watershed of Foster Creek to the northeasterly boundary of the watershed of Nagle Creek; thence in a general southeasterly direction along the northeasterly boundary of the watershed of Nagle Creek to its confluence with Columbia River; thence due east to the left bank of Columbia River; thence in a general southeasterly direction along the northeasterly boundary of the watersheds of the streams flowing westerly and southwesterly into Columbia River to the northwesterly boundary of the watershed of Incomappleux River; thence in a general southwesterly direction along the northwesterly boundaries of the watershed of Incomappleux River, Comaplix Creek and Hadow Creek to the easterly boundary of the watershed of Crawford Creek; thence in a general southerly direction along the easterly boundaries of the watersheds of Crawford Creek, Dupont Creek, Wallis Creek and Henrys Creek to the southeast corner of Lot 7648, Kootenay Land District, being a point on the natural boundary of the Northeast Arm of Upper Arrow Lake, on the northerly shore thereof; thence due south to the middle line of the aforesaid Northeast Arm; thence in a general southwesterly direction along the middle lines of the Northeast Arm and Upper Arrow Lake to a point due east of the southeast corner of Lot 16284; thence due west to the southeast corner of Lot 16284; thence westerly along the southerly boundary of Lot 16284 to the southwest corner thereof, being the point of commencement.

 

Vancouver Water District

Commencing at the northwest corner of Lot 117, Group 1, NWD, being a point on the easterly boundary of the City of Vancouver; thence southerly, westerly and northwesterly along the easterly, southerly and southwesterly boundaries of the City of Vancouver to a point due east of the most southerly corner of Lot 5547; thence due west to aforesaid most southerly corner of Lot 5547 and continuing due west to the middle line of the Strait of Georgia; thence in a general northwesterly direction along the middle line of the Strait of Georgia to its intersection with the southerly prolongation of the middle line of Malaspina Strait; thence in a general northerly direction along the said southerly prolongation to a point due east of the southerly extremity of Lasqueti Island; thence due west to the southerly prolongation of the middle line of Sabine Channel; thence in a general northerly direction along said prolongation to and along the middle line of Sabine Channel (passing to the east of Jedediah Island and Jervis Island) and the prolongation thereof to a point due east to the northerly extremity of Hornby Island; thence due west to the middle line of the Strait of Georgia; thence in a general northwesterly direction along the middle line of the Strait of Georgia to the southwesterly prolongation of the middle line of Manson Passage; thence in a general northeasterly direction along said prolongation to and along the middle line of Manson Passage to the southeasterly prolongation of the middle line of Lewis Channel; thence in a general northwesterly and westerly direction (passing to and east of Powell Islets and to the west of Kinghorn Island) to and along the middle lines of Lewis Channel, Calm Channel, Yuculta Rapids and Cordero Channel (passing to the south of Gillard Island and Dent Island) to a point due east to Picton Point, situated on the natural boundary of Cordero Channel; thence due west to Picton Point; thence in a general northerly direction along the westerly boundaries of the watersheds of the streams flowing easterly into Phillips Arm, Phillips River, Bear River and Homathko River to the summit of Mount Waddington; thence in a general southeasterly direction along the southwesterly boundary of the watershed of Mosley Creek to the confluence of Mosley Creek with Homathko River; thence in a general southeasterly direction along the southwesterly boundary of the watershed of Doran Creek to the southerly boundary of the watershed of Nostetuko River; thence in a general easterly direction along the southerly boundary of the watershed of Nostetuko River to the Cascade Mountains, as defined for administrative purposes in the Interpretation Act, R.S.B.C. 1996, chapter 238; thence in a general southeasterly direction along the Cascade Mountains to the westerly boundary of the watershed of Lillooet River; thence in a general southerly and southeasterly direction along the westerly and southwesterly boundaries of the watershed of Lillooet River to the northwesterly boundary of the watershed of Pitt River; thence in a general southwesterly direction along the northwesterly boundary of the watershed of Pitt River to the westerly boundary thereof; thence in a general southerly direction along the westerly boundaries of the watersheds of Pitt River and Coquitlam River to the northerly boundary of the watershed of Fraser River; thence in a general westerly direction along the northerly boundary of the watershed of Fraser River to the northwest corner of Lot 117, Group 1, being the point of commencement.

 

Vernon Water District

Commencing at the southeast corner of Lot 2533, ODYD, being a point on the natural boundary of Okanagan Lake, on the westerly shore thereof; thence westerly along the southerly boundary of Lot 2533 to the southwest corner thereof; thence in a general northwesterly direction along the southwesterly boundary of the watershed of Peachland Creek to the southeasterly boundary of the watershed of Nicola River; thence in a general northeasterly direction along the southeasterly boundary of the watershed of Nicola River to the northwesterly boundary of the watershed of Okanagan Lake; thence in a general northeasterly direction along the northwesterly boundaries of the watersheds of Okanagan Lake, Shuswap River and Mara Lake to a point lying due west of the northwest corner of Section 10, Township 21, Range 8, W6M; thence due east to said corner; thence easterly along the northerly boundary of said Section 10 to the intersection with the natural boundary of Mara Lake on the westerly shore thereof; thence northeasterly in a straight line to the intersection of the northerly boundary of the southwest quarter of Section 13, Township 21, Range 8, W6M, with the natural boundary of Mara Lake on the easterly shore thereof; thence easterly and southerly along the northerly and westerly boundaries of said southwest quarter of Section 13 to the southeast corner thereof; thence due south to the northerly boundary of the watershed of Hummingbird Creek; thence in a general easterly direction along the northerly boundary of the watershed of Hummingbird Creek to the summit of Mount Mara; thence in a general northeasterly direction along the southeasterly boundary of the watershed of Sicamous Creek to the southerly boundary of the watershed of Eagle River; thence in a general easterly direction along the southerly boundary of the watershed of Eagle River to the westerly boundary of the watershed of Columbia River; thence in a general southerly direction along the westerly boundary of the watershed of Columbia River to the northwesterly boundary of the watershed of Kettle River; thence in a general southwesterly direction along the northwesterly boundary of the watershed of Kettle River to the northerly boundary of the watershed of Penticton Creek; thence in a general westerly direction along the northerly boundary of the watershed of Penticton Creek and the streams flowing southwesterly into Okanagan Lake to the northerly corner of Lot 2726(S), SDYD, situated at Squally Point, being a point on the natural boundary of Okanagan Lake, on the easterly shore thereof; thence westerly in a straight line to the southeast corner of Lot 2533, being the point of commencement.

 

Victoria Water District

All that part of Vancouver Island, together with adjacent islands lying southeast and south of a line commencing at the southwest corner of Lot 58, Barclay Land District, being a point on the natural boundary of the Pacific Ocean on the west coast of Vancouver Island; thence in a general northeasterly direction along the northwesterly boundaries of the watersheds of Tsusiat River and Nitinat River to the northeasterly boundary of the watershed of Nitinat River; thence in a general southeasterly and southerly direction along the northeasterly and easterly boundaries of the watershed of Nitinat River to the northerly boundary of the watershed of Cowichan River; thence in a general easterly direction along the northerly boundaries of the watersheds of Cowichan River, Chemaimus River, and Askew Creek to the most northerly northeast corner of Section 20, Range 4, Chemainus Land District, being a point on the natural boundary of Stuart Channel; thence due east to the middle line of Stuart Channel; thence in a general southeasterly direction along the middle line of Stuart Channel to an intersection with the southerly prolongation of the middle line of Houston Passage; thence in a general northerly direction to and along the middle lines of Houston Passage and the channel separating Kuper Island and Thetis Island from Secretary Island, Norway Island and Reid Island to the westerly prolongation of the middle line of Porlier Pass; thence in a general easterly direction to and along the middle line of Porlier Pass to a point due north of Dionisio Point situated on Galiano Island; thence due east to the middle line of the Strait of Georgia; thence in a general southeasterly direction along the middle line of the Strait of Georgia; thence in a general southeasterly direction along the middle line of the Strait of Georgia to an intersection with the International Boundary between Canada and United States.

 

Schedule D

[en. B.C. Reg. 45/2000, s. 6; am. B.C. Reg. 234/2013, ss. 5 and 6.]

Prescribed Forms

FORM 1

LANDOWNER'S CONSENT FORM

I/we, the undersigned, confirm that I/we am/are the owner/owners of the land described below:

Legal description of the land:

Lot number ..........................................................................................

Section number.....................................................................................

District..................................................................................................

Plan number..........................................................................................

Copies of the following documents are attached:

1. the application (the "Application") in which ............................................... [Name of applicant/applicants for the licence] makes application for a water licence on ....................................................... [Name of source] for the following purpose/purposes and quantity/quantities:

Purpose.................................................................................................

Quantity ........................................................................................., and

2. the drawing (the "Drawing") referred to in section 2 (1) (k) of the Water Regulation, B.C. Reg. 204/88 [as set out below].

I/we understand that, if the Application is granted, my/our land is or is likely to be physically affected.

[Tick one of the following boxes to express your consent or objection]

  I/we consent to the Application, including the proposed works indicated in the Drawing, and I/we have signed the Drawing to confirm that consent.

  I/we object to the Application on the following basis: .........................................................................

[Attach additional pages if necessary] ..................................................................................................

NOTE: IF YOU OBJECT TO THIS APPLICATION, YOUR OBJECTION WILL BE TAKEN INTO ACCOUNT WHEN THE APPLICATION IS CONSIDERED. HOWEVER, THE LICENCE MAY NEVERTHELESS BE GRANTED UNDER THE WATER ACT. FURTHER INFORMATION MAY BE OBTAINED FROM YOUR LOCAL REGIONAL WATER MANAGER.

..................................................................[Signature of owner] ....................................[Date]

..................................................................[Name of owner — please print]

..................................................................[Signature of owner] ....................................[Date]

..................................................................[Name of owner — please print]

[Attach additional pages for signatures of other owners, if necessary.]

Section 2 (1) (k) of the Water Regulation, B.C. Reg. 204/88, provides:

(1) An application to the comptroller or regional water manager for a licence must be signed by the applicant or the applicant's agent and must include the following information:

(k) an accurate, labeled drawing showing the land, mine or location where water is proposed to be used, the approximate location of the proposed works and any land that may be physically affected.

FORM 2

LANDOWNER'S CONSENT FORM

I/we, the undersigned, confirm that I/we am/are the owner/owners of the land described below:

Legal description of the land:

Lot number............................................................................................................

Section number......................................................................................................

District...................................................................................................................

Plan number...........................................................................................................

I/we understand that, in respect of Water Licence # .......................................(the "Licence") held by ......................................................................................................[Name of holder/holders of Licence], consideration is being given to an application for a change of works [see below for definition].

Copies of the following documents are attached:

(a) the application for a change of works, including a description of the proposed change to the works;

(b) one or more labeled drawings (the "Drawings") showing the scales of the Drawings and the location of all existing and proposed works and,

(i)   in the case of a transfer of appurtenancy, the existing and proposed appurtenancies, or

(ii)   in the case of an apportionment, the subdivision or the proposed subdivision, as the case may be, of the land appurtenant to the Licence, including the boundaries of each parcel in the subdivision.

I/we understand that my/our land is or is likely to be physically affected by the granting of the application for a change of works.

[Tick one of the following boxes to express your consent or objection]

  I/we consent to the application for a change of works, including the proposed addition or change to works indicated in the Drawings, and I/we have signed the Drawings to confirm that consent.

  I/we object to the application for a change of works on the following basis:...........................................

[Attach additional pages if necessary]
...................................................................................................

NOTE: IF YOU OBJECT TO THIS APPLICATION, YOUR OBJECTION WILL BE TAKEN INTO ACCOUNT WHEN THE APPLICATION IS CONSIDERED. HOWEVER, THE APPLICATION MAY NEVERTHELESS BE GRANTED UNDER THE WATER ACT. FURTHER INFORMATION MAY BE OBTAINED FROM YOUR LOCAL REGIONAL WATER MANAGER.

..................................................................[Signature of owner] ....................................[Date]

..................................................................[Name of owner — please print]

..................................................................[Signature of owner] ....................................[Date]

..................................................................[Name of owner — please print]

[Attach additional pages for signatures of other owners, if necessary.]

Section 3.1 (1) of the Water Regulation, B.C. Reg. 204/88, provides:

"application for a change of works" in respect of a licence, means

(a) proposal to amend the licence under section 18 of the Act,

(b) an application for a transfer of appurtenancy under section 19 of the Act, or

(c) a proposal for an apportionment under section 20 of the Act,

if the proposal or application proposes one or both of

(d) works additional to the works previously authorized by the licence, and

(e) changes to the works previously authorized by the licence.

[Provisions relevant to the enactment of this regulation: Water Act, R.S.B.C. 1996, c. 483, sections 12.1, 100 and 101 and Financial Administration Act, R.S.B.C. 1996, c. 138, section 19.]