On July 30, 2015, the Province of British Columbia issued for comment four policies associated with the Water Sustainability Act ("WSA"). The WSA is expected to come into force in 2016, with associated regulations (which will likely be based on the proposed policies).

The policies relate to groundwater licensing, groundwater protection, dam safety and enforcement. The comment period expires on September 8, 2015. Below are key points set out in the policies.

Groundwater Licensing

1. Persons who use groundwater for non-domestic purposes will require a license, which will be issued on the First-In-Time, First-In-Right basis;

2. If an owner of an existing well applies for a license within 12 months of the WSA coming into force, the government will waive the application fee. Otherwise, full application fee will apply. Detailed breakdown of the proposed fees can be found here; and

3. Persons who apply for a license within a three years' transition period, will be able to seek a priority date based on their historic first use. After three years, all persons will be treated as new applicants.

Groundwater Protection

1. The definition of the term "well" will be adjusted to exclude openings that have little or no impact on groundwater, or are otherwise regulated (including drains, trenches, ditches and mineral exploration drill holes);

2. With a few exceptions, new wells must be set back at least 15 metres from existing water supply wells. Wells used for underground infiltration of urban runoff must be situated at least 60 metres from existing water supply wells;

3. Well drillers dealing with artesian flow must prevent backflow;

4. With few exceptions, new well pits (designed to address ground freezes) will be prohibited; and

5. Well owners must ensure proper maintenance of their well, whether or not in use, and, if the well is not in service, must deactive or decommission such well after five years.

Dam Safety

1. Dams built to capture groundwater and surface water will be regulated;

2. All higher risk dams (including dams on private, federal and municipal government lands) will require emergency contact information on either side of the dam;

3. All dam owners (regardless of dam height, storage capacity or failure consequence classification) will have to review downstream conditions on an annual basis; and

4. The Comptroller or regional manager will have greater discretion respecting the type of independent expert opinion a dam owner can be required to draw upon.

Enforcement

1. Some offences will be reclassified (from high penalty to general offence) to allow a lower fine for a first offence, and a higher fine for failing to comply with an order; and

2. New offences will be added to reflect new features under the WSA.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.