Decision Date: August 20, 1999

Panel: Toby Vigod

Keywords: Cancellation order; diversion; Water Act – section 40; consent order

On August 28, 1998, Cressida Holdings Ltd. (“Cressida”) filed an appeal against the July 31, 1998 Order by the Assistant Regional Water Manager (“the AWRM”), Southern Interior Region, cancelling Conditional Water Licence 59386. During the appeal, the Board was provided with a letter dated July 23, 1999, signed by Cressida and the AWRM, requesting that the Board make a Consent Order according to the draft consent order provided.

The Board requested comments from the Third Parties to the appeal. None of the parties had a “substantive objection to the consent order” as drafted. The Board accordingly ordered, by consent of the parties and pursuant to its authority under section 40 of the Water Act, that the July 31, 1998 Cancellation Order be varied according to the terms provided by Cressida and the ARWM. These terms were (a) that the rights granted by the Conditional Water Licence allowing the diversion and use of 500 gallons of water a day from Lac Le Jeune be reinstated, and (b) that, except as provided under provision (a), the Cancellation Order be confirmed and the appeal dismissed. The Board directed the ARWM to issue an amended licence to Cressida substantially in the form attached to the Consent Order as Schedule A. The appeal was dismissed.