Panel: Judith C. Lee, Harry Higgins and Christie Mayall
Richard Zammuto was granted a Conditional Water Licence for the diversion and use of 500 gallons of water per day from McGovern Spring. Ron and Peg Waldron appealed the decision, fearing that, the works required to utilize this licence would result in the expropriation of some of their land pursuant to section 24 of the Water Act. The Appellants appealed on the grounds that the Deputy Comptroller of Water Rights erred, in declining to consider alternative sources of water and for determining that the availability of alternative water sources was an irrelevant consideration.
The Board concluded that from the provisions of the Water Act that the Deputy Comptroller acted within his discretion by not considering alternative sources of water when considering an application for a water licence. The Board concluded that the Deputy Comptroller had chosen the most practicable source and dismissed the appeal.
