Decision Date: April 17, 2002

Panel: Alan Andison

Keywords: stay application; order

The Appellants appealed three orders issued by the Comptroller of Water Rights. The orders were for the joint use of a dam and reservoir on Posby Lake, the joint use of a dam and reservoir on Salle Lake, and the appointment of Edward Salle as a water bailiff to regulate the storage and use of water in the reservoirs. The Appellants requested a stay of the orders, pending the disposition of the appeal.

The Board found that the Appellants could suffer irreparable harm if a stay was not granted.

Nonetheless, the Board found that the balance of convenience in this case favoured denying the stay. The Board found that if a stay was granted there was an unreasonable risk of harm to all the licensees, including the Appellants, due to the potential for the safety of the dams to be compromised, and potential lack of co-ordinated water storage and management during the 2002 irrigation season. Accordingly, the application for a stay of the orders was denied.