Decision Date: October 25, 1999

Panel: Jane Luke

Keywords: Water Act – ss. 1, 9, 41; stream; “changes in and about a stream”

This was an appeal of a decision of the Water Manager refusing the appellant’s application to culvert a 65-metre section of stream on his property. The appellant sought an order overturning the decision and permitting him to construct the culvert.

The Panel noted that the property in question was subject to a restrictive covenant prohibiting changes to the riparian zone adjacent to the stream without written permission from the Regional Fish and Wildlife Manager of the Ministry of Environment, Lands and Parks. The Board found that the appellant did not seek that permission and that the Fish and Wildlife Manager opposed construction of the culvert. The Water Manager had refused the application on the grounds that the culvert would alter the integrity of the watercourse and impact downstream wetlands and water quality.

Based on the evidence and testimony presented by the parties, the Panel agreed with the Water Manager that it was important to maintain the natural environment of the stream and riparian zone wherever possible. The Panel also found that the decision to refuse permission for the culvert would not prevent the appellant from developing the property, and that he was therefore not unduly prejudiced by the decision. The appeal was dismissed.