The appellant was a riparian owner of land along the Elk River in the Kootenays. He had placed bundles of logs along his property to protect against erosion. His scheme was inspected by the water branch who suggested he cable the logs to the bank. A further order was issued by the Regional Water Manager to remove the logs. The appellant appealed this order and it went to the Board. The Board allowed the appeal but ordered the appellant to secure the logs with cables. The appellant failed to comply with this order and the Deputy Comptroller issued another order to remove all the logs. The appellant again appealed to the Board.
The Board held that the appellant had wasted too much money and time installing the logs to have them removed. However, the Board was concerned that during a flood the logs would unloose and cause much damage. It therefore directed the Deputy Comptroller to order the appellant to hire a company to advise the appellant on how to upgrade his installations. It also ordered the appellant to file drawings showing the location of all the installations with the water branch.
