MEMORANDUM

To; Alderman P.F. Ranger January 29th, 1976

FROM: 1L.D. Pollock . . ee: Janna Taylor
City Administrator , . Recreation Director

ce toed eek Me rm ald Od Mme ome ON ne

Re: Water Licence ~ Hyde Creek

You asked me to obtain information on the advisability of obtaining a Water
Licence on Hyde Creek in order to guarantee some protection for this
water course, — .

We have obtained information from the Water Rights Branch and I have discussed
this further with a member of their staff and it would appear advisable to
make application for a Water Licence for Conservation Purposes. I have not
pursued this with our Solicitors to find out, legally, where we stand now,

but after discussing it with Water Rights, I feel that we would have better
protection if we were to obtain a licence,

Present Situation:

The Water Act does make reference to a municipality coming under the scope
of the Water Act if we get permission to do certain works under Sections
519 and 520 of the Municipal, Act. (See attached extract from the Municipal

Act for these Sections.) .

In our case, we have carried out certain works on Hyde Creek in the past,
e.g. it is properly contained within a right-of-way owned by the City and
‘dykes have been constructed to guarantee the continuity of the stream ia

a certain fashion. These are considered works under the Water Act.

Although we have not specifically passed a By-law covering works under
this division, works have in fact been constructed and it may be construed
that this would bring us within the scope of Section 7 of the Water Act,
which reads as fcllows:

eeesn? 7. (1) The Comptroller may, without issuing a licence, approve
the diversion or use, or both, of watcr on such conditions as be deems ,
advisable . .
(a) where non-recurtent use of water is required for a short term,
not exceeding a period of six months; ’
(6) where a nuunicipality desires to exercise its powers, subject to
the provisions of the [Water Act, under Division (3) of Part
XIII of the Municipal Act;
(c) where a public corporate body or a person desires to mako
changes in and about a stream;
(d) where a Minister of the Crown, cither of Canada or the Prov-
ince of British Columbia, desires to make changes in and about
a stream,
but the water may, only be used subject to the same provisions as if d the,
approval § were & licence,
standing that no licence has been issued, no person fs,

prohibited { from di verting or using “Water in "accordance wi with | the approval

of iho @ Comptialicr 4 given, under this section, 7 1960, c 60, 5. 75, 1962,

©, 68, &. 3; 1974, ¢ “87, | 040. .