Updated June 22, 2006

Watershed Contingency Planning

The following is intended to clarify government policies regarding forest management, watershed protection and contingency planning in the Kootenay Lake Forest District.

1. Land use designation

We recognize that some people do not agree with the current land use designation (Provincial Forest) for the Crown land in their watersheds. However, several successive provincial governments have clearly indicated that they have no intention of changing this. Forest management and logging will therefore occur in a carefully planned way, and this does entail some additional risk to water supplies (primarily due to roads). The Forest Service and tenure holder are responsible for minimizing this risk by having qualified experts do the necessary studies, followed by careful planning, implementation and monitoring of operations.

2. Contingency planning

The first priority, then, is to minimize the likelihood of damage occurring to water supplies or delivery systems. Major negative impacts due to development are actually quite rare. However, this possibility will remain regardless of the quality of operations. Contingency planning refers to advance agreements and other preparations which will allow a rapid response in the event that water supplies are disrupted. The Kootenay-Boundary Land Use Plan Implementation Strategy (http://ilmbwww.gov.bc.ca/ilmb/lup/lrmp/southern/kootenay/implementation_strat/toc.htm) provides a detailed summary of what a contingency plan can entail.

3. Accountability and responsibility

However, as a starting point, water licensees usually prefer a clear answer to the question: “If logging or road development damages my water source or delivery system, who is responsible for correcting damages?” (Corrective measures could include re-establishment of natural drainage patterns, clearing of debris, repair or replacement of water delivery systems, or provision of interim drinking water, depending on the circumstances).

The following is our interpretation of current policy and procedures. In light of government restructuring and legislative changes, you should be aware that some changes will likely occur. Responsibilities of different agencies will shift to some degree. However, we expect the commitment to protection of water quality and quantity to remain.

1. The tenure holder is accountable for their actions. If they damage water supplies or water systems due to their activities, they are responsible for corrective action.

2. Water licensees are responsible for obtaining valid water licenses, maintaining systems which are capable of withstanding natural fluctuations in water quality and quantity, and for correcting damages due to natural events. (Note, however, that the Provincial Emergency Program can be approached for assistance with major events). It is also assumed that water licensees who wish to review and monitor development in their watersheds will make the necessary effort to contact licensees and become familiar with the principles and terminology associated with forest hydrology. If there are numerous interested water licensees, some form of water user organization is desirable, for efficiency.

3. Under existing policy, as the authorizing government agency, the Forest Service is accountable for unforeseen consequences of forest development on Crown land. For example, if water supplies were damaged by actions authorized by the Forest Service, and the forest company had followed all the rules and regulations, then the Forest Service would be accountable.

4. In the past, determination of cause has been the joint responsibility of the Forest Service District Manager and the Regional Water Manager (previously with the Ministry of Environment, Lands & Parks). At the present time, it is not clear which agencies will be involved in this after the current restructuring is complete. Clearly, the Forest Service will remain in a lead role, and will cooperate with other agencies. Water licensees and the forest tenure holder would be involved in the investigations if they so wished.

Until such time as policy changes, this office will continue to uphold the above to the degree possible given our reduced staffing levels. If water supplies are impacted, water users should immediately contact the tenure holder and our office, and we will respond as quickly as possible.

Each situation would likely be unique, and would have to be addressed on that basis. We would want to confirm the nature of the change, and evaluate the likelihood that it was related to forest developments. We generally have qualified geotechnical or hydrological specialists conduct a field investigation for this purpose, and we have covered the costs of repairs in several situations.

In the event of an impact on water systems, your contact at our office would be Dale Anderson, Stewardship Officer. If you wish to discuss contingency arrangements in more detail, contact him at your convenience.