Date: December 4, 2007

Panel: Alan Andison

Keywords: Consent order; Water Act; Conditional Water Licence

In 2000, the Appellants filed an appeal against two Conditional Water Licences issued to Mr. and Mrs. Simon for the diversion of water from Ha Ha Creek into Bednorski Lake, and against the accompanying Engineer’s Order.

The appeals were held in abeyance for several years while the parties attempted to negotiate a settlement. Their negotiations were ultimately unsuccessful, so the Board commenced a hearing of the appeals in December 2007. During the hearing, the parties reached a settlement.

By consent of the parties, the Board ordered that a number of additions be made to the Engineer’s Order. The additions required that, until December 4th, 2012, measurements of flow and water levels at Bednorski Lake be made and submitted to the Regional Water Manager for subsequent submission to the downstream licensee and the Appellants. The Conditional Water Licences were confirmed.

The appeal was allowed, in part.