Decision Date: September 26, 1991

Panel: Linda Michaluk, Harry Hunter, Roald Skov

In the matter of appeal under s.38 of the Water Act, RS Chap. 429, on the Decision of the Deputy Comptroller of Water Rights dated May 29, 1991, regarding an appeal from the amendment of Conditional Water Licence 48632, held by Bernard L. Lundberg.

The appeal concerned the location of a proposed waterline. Originally the waterline was to be in one location but the Deputy Comptroller amended the licence to change the waterline location. The Board found that, given the nature of the properties in question, the first waterline location should not have been approved. The appeal was dismissed and the water licence amended to add a construction restriction relating to the environmental safety of the creek crossing.