HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Water Act

1 Section 8 of the Water Act (R.S.B.C. 1996) is repealed and the following substituted:

Maintaining minimum flow.

8  (1) The holder of a water license must ensure that, during diversion of water from a stream, a minimum volume of water is maintained sufficient to protect fish or wildlife.

(2) Minimum flow requirements to protect fish or wildlife will be established by the comptroller or a regional water manager.

2 The Water Act (R.S.B.C. 1996) is amended by adding the following section:

Measuring and maintaining records.

9.1  (1) The holder of a water license, the purpose of which is to divert water from a stream for agricultural purposes, must

(a) measure the daily volume of water removed by use of a water meter,

(b) record the dates of the measurements under subsection (a), and

(c) maintain a record of the measurements under subsections (a) and (b) for a period of ten years.

(2) Notwithstanding subsection (a) and section 8, the comptroller may grant a water license if he or she considers that the flow of a stream that is the subject of an application is suffcient such that the diversion will not result in a failure to protect fish or wildlife.

Commencement

3  The provisions of this Act come into force on the date of Royal Assent.

 
Explanatory Note

This bill amends the Water Act to ensure that a water license to divert water from a stream for agricultural purposes maintains the minimum flow necessary to protect fish or wildlife.