Decision Date: May 15, 2002

Panel: Don Cummings

Keywords: Water Act – ss. 1 definitions of “engineer”, “groundwater”, “licence”, “licensee”, “stream”, “stream channel”, 2, 3, 5, 23; diversion

Otto Hess appealed the decision of the Assistant Regional Water Manager (the “Assistant Manager”) to issue a water licence to the Paquettes authorizing the diversion of water from Gleaner Creek. Mr. Hess had a pre-existing water licence to divert water from Hess Spring for irrigation. Mr. Hess claimed that the Paquettes’ licence has had a detrimental impact on his ability to irrigate his orchard.

The Board found that the flow of water from Hess Spring may be dependant upon flow from Gleaner Creek.

However, since none of the parties provided expert evidence on that point, the Board recommended that a study be undertaken to determine how much water can be diverted from Gleaner Creek without affecting the Mr. Hess’s water supply, if it does at all. Until the study is complete, the Board varied the Paquettes’ licence by requiring that the diversion works be configured in such a way as to equally divide the flow of Gleaner Creek between the Paquettes and Mr. Hess. All other terms of the licence were upheld, and the appeal was dismissed.