Decision Date: March 19, 1997

Panel: Christie Mayall, Sheila Bull, Bill MacFarlane

Keywords: Water Act – ss.20(2) and (6); beneficial domestic use

This is an appeal against a decision of the Deputy Comptroller of Water Rights (the ‘Deputy Comptroller’) to uphold the decision of the Regional Water Manager to cancel Conditional Water Licence 26928 (‘the licence’) on Waterfront Spring. The licence authorizes 1000 gallons/day for domestic use. The licence was canceled on January 20, 1995 on the grounds that no beneficial use of the water under the licence had occurred in the previous three years. The grounds for appeal were that the water was beneficially used on the property within three years prior to the cancellation of the licence, by a camper who stayed on the property for brief periods in the summer of 1992. The Appellant also claimed that there was misconduct on the part of the Deputy Comptroller and his staff throughout the investigation of the cancellation.

The Board found that weekend water use by a camper does not constitute beneficial domestic use in a dwelling as intended by the licence. Therefore, the Board found that no beneficial use of the water had occurred in the three years prior to the licence cancellation. The Board also reviewed the many allegations of misconduct made by the Appellant, and the evidence given to support these allegations, and found that the allegations of misconduct on the part of the Deputy Comptroller and his staff are not supported by the evidence. The appeal was dismissed.