• Fraser River Ranching Ltd. v. Assistant Regional Water Manager

    Decision Date:
    2008-03-20

    Act:

    File Numbers:
    Decision Numbers:
    2007-WAT-002(a)
    Third Party:
    Leslie L. Boomer, Third Party
    Disposition:
    APPEAL ALLOWED

    Summary

    Decision Date: March 20, 2008

    Panel: Alan Andison

    Keywords: Consent order; conditional water licence; water licence; cancellation of licensed rights

    In April 2007, the Assistant Regional Water Manager (the “Water Manager”) cancelled a Conditional Water Licence that had been issued to Fraser River Ranching Ltd. (“Fraser River”) on Harding Spring for irrigation purposes. Fraser River appealed the decision.

    By consent of the parties, the Board ordered the Water Manager to reinstate Fraser River’s licensed rights, but to amend the Conditional Water Licence. The Board also ordered the Water Manager to amend Fraser River’s Final Water Licence on Harding Spring. In addition, the Board ordered the Water Manager to grant Mr. Boomer a water licence for domestic purposes on Harding Spring. Finally, the Board ordered Fraser River and Mr. Boomer to share equally in the costs and labour of installing a diversion box to allow diversion from Harding Spring under the licences.

    The appeal was allowed.