Decision Date: October 31, 2000

Panel: Cindy Derkaz

Keywords: Water Act – ss. 10, 11, 12, 27; water licence application; procedural fairness

Selkirk Land and Cattle Corporation (“Selkirk”) appealed the decision of the Assistant Regional Water Manager to issue a conditional water licence to Raymond Lenzi. The licence allows Mr. Lenzi to divert water for domestic purposes from Hays Creek, in Revelstoke. Mr. Lenzi’s waterline currently runs through Selkirk’s property, and Selkirk was concerned that the licence would interfere with its development plans. Selkirk sought an order revoking the licence on the basis that the Assistant Manager violated the principles of procedural fairness by failing to adequately consult Selkirk before issuing the licence.

The Board found that there was no violation of procedural fairness in issuing the licence. Selkirk, as a licensee and a riparian owner, was given notice and an opportunity to respond to the licence application. Selkirk’s response contained allegations concerning Mr. Lenzi’s reasons for applying for the licence, but did not contain any supporting documentation or evidence concerning the effect of the licence on Selkirk’s development plans. The Assistant Manager determined that Selkirk’s objections were based on property rights rather than water rights under the Act and, as such, were outside the jurisdiction of the Assistant Manager. The Board found that the licence was properly issued, and that the Assistant Manager was correct in concluding that Selkirk’s objections did not warrant a hearing. Accordingly, the Board dismissed the appeal.