A Proposed Regulation under The Water Rights Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A streamlined and balanced approach to drainage and water retention in Manitoba Association of Manitoba Municipalities Annual Convention Nov 28 th 2018
W ATER ER R IGHT GHTS A CT CT - 1988 The Water Rights Act states that no person shall control water or construct, establish or maintain any water control works unless he or she has a valid and subsisting licence to do so. • Proponent submits application and a $25 fee • Departments reviews and assesses each application individually • Project sites are inspected • Licence is issued or denied • If issued, and the applicant proceeds with construction of the project.
Bill 7 7 The he S Sust ustainable W e Water ershed eds s Act ROYAL ASSENT ON JUNE 4, 2018 • Support a new streamlined and strengthened provincial drainage regulatory regime and modernize inspection and enforcement tools including enhanced offence and penalty provisions. EXPECTED OUTCOMES OF NEW REGULATORY FRAMEWORK – streamline ine applications and approvals – provide consis istent nt regulatory regimes for drainage and water control works and compensation for wetland loss and alteration – redu duce red t d tape pe for low risk and low impact projects – increase flexib ibilit ity of requirements for downstream approvals, and – provide stronger er l linkages es between watershed plans and land use decision-making
Propos osed ed R Regulati tion on The proposed regulation sets out details to allow the amendments to the Act to come into force Highlights of the Proposed Regulation: • Exemptions to The Water Rights Act • Registration Process, Projects and Fees • Licenced Process, Projects and Fees • Landowner Approvals • Wetland Mitigation and Compensation
Exemptions The following projects would not require authorization under The Water Rights Act: • Culvert replacements with no change in culvert size or invert elevation • Drainage and water retention projects that require a license under The Environment Act • Water control works in urban areas where the proposed works do not: – drain Class 3, 4, or 5 wetlands or – outlet to outlying rural areas
Reg egis istratio tion ver versus Licens nsing Registratio ion P n Process Licen ensing P Proces ess If f a project d does not m meet t the c criteria A projec ect i is register ered ed if i it meets t the c he criter eria of of a reg egis istrable le p project or or and a nd associated ed requ equiremen ents f s for the s he six c classes sses requ quirem ements o s of one o e of the he six c classes. ses. of of w wor orks: A. Minor surface drain construction Focus is on higher risk projects B. Agricultural subsurface tile drain Drainage of Class 3, 4 and 5 construction wetlands C. Water control works for new crossings Shorter wait times as lower risk D. Minor culvert changes projects are fast-tracked E. Wetland enhancement and restoration F. Small dam construction Focus on lower risk projects 14 day approval
Reg egis istratio tion ver versus Licens nsing Registratio ion P n Process Licen ensing P Proces ess If f a project d does not m meet t the c criteria A projec ect i is register ered ed if i it meets t the c he criter eria of of a reg egis istrable le p project or or and a nd associated ed requ equiremen ents f s for the s he six c classes sses requ quirem ements o s of one o e of the he six c classes. ses. of of w wor orks: A. Minor surface drain construction Focus is on higher risk projects B. Agricultural subsurface tile drain Drainage of Class 3, 4 and 5 construction wetlands C. Water control works for new crossings Shorter wait times as lower risk D. Minor culvert changes projects are fast-tracked E. Wetland enhancement and restoration F. Small dam construction Focus on lower risk projects 14 day approval Application Fe n Fee $500 ( (can b n bundl ndle Appl pplication F Fee e $100 ( 0 (can b bun undle e projec ects) s) projec ects) s)
Reg egis istrable le P Proje ject cts The following projects types are not eligible for registration: • Class 3, 4 or 5 wetland loss or alteration • Class 6 or 7 soil or unimproved organic soil drainage • Water transfer between watersheds • Negative impacts on fish spawning, rearing, or passage • Inconsistency with an approved watershed plan • Violation of conservation agreement restrictions
Regist strable P e Projec jects Clas ass o of Works Requirem emen ents Project does not result in the drainage of Class 6, 7 or Clas ass A – Mi Minor r surfa face dra rain con onstru ruction on unimproved organic soils. Construction of surface drains with a depth not exceeding 12 inches below natural prairie. Project must be designed by a tile drainage installer Clas ass B B – Agricultural subsurface tile d drain c constr tructi tion that has taken an approved course Cannot be located within 50 metre of a prescribed Construction of subsurface tile wetland drains and all associated water Average depth of the control works that have a o lateral pipe cannot exceed 36” drainage coefficient of equal to o header pipe cannot exceed 60” or less than 3/8 inch (metric) All outlets are equipped with control devices over a 24-hour period on Project does not result in the drainage of Class 6, 7 or agricultural lands. unimproved organic soils.
Regist strable P e Projec jects Clas ass o of Works Requirem emen ents Shows size of immediate upstream and Clas ass C C – New A Access Crossings downstream culverts Construction of water control works Demonstrates that culvert in the approach will: related to new access crossings that do o Be equal in size to the largest culvert not constrict water flow. immediately upstream or downstream o Have an invert elevation at the bottom of the drain Clas ass D D – Mi Minor c or culvert rt c changes Must include a pre-construction topographical Replacing an existing culvert by no more than 15% increase in hydraulic capacity and survey that shows location, size, and invert no change to the invert elevation of the elevation of existing culverts culvert.
Regist strable P e Projec jects Clas ass o of Works Requirem emen ents Must include a pre-construction survey of the site Clas ass E E – Wetland e enhancement a t and restor oration on that shows the maximum flooded area Any associated landowner approvals including Works that restore a wetland that had o Those who may be flooded by the project previously been drained or increase o Those immediately downstream who may see a the size of an existing wetland, that are reduction in water flow as a result of the dam not more than 1 m in height and retain less than 25 acre-feet of water. Must include a pre-construction survey of the site Clas ass F F – Small d dam construction A design plan approved by a professional engineer Construction of dams less than 2.5 m or other certified agent, that: in height that retain less than 25 acre- o Demonstrates the dam will accommodate a feet of water. 1:100 year flood event, and o Shows the maximum flooded area Any associated landowner approvals including o Those who may be flooded by the project o Those immediately downstream who may see a reduction in water flow as a result of the dam
Exa xample – Culver vert Up Upgrade NOTE: It is proposed that culvert upgrades with no change in culvert size or invert elevation would not require authorization - exemption Regi gistrati tion Lice cence ce • Hydraulic capacity of culvert is increased • Hydraulic capacity of culvert is increased by 20% by 10 % • Invert elevation is lower than existing • no change to the invert elevation of the culvert culvert does es n not mee eet r reg egistration Mino nor C Cul ulvert U Upg pgrade (Class D D) requi quirements Applicant provides a pre-construction • • Applicant submits a complete application form and fee survey that shows location, size, and invert elevation of existing culverts • Applicant submits a complete application form and fee Project can be LICE Project can be REG EGISTER ERED CENCE CED Shorter wait times as lower risk Applicant receives registration projects are fast-tracked certificate within 14 days
Downstr tream Ap Approva vals Re Registratio ion Pr n Process Written approval is required from : • the applicable municipality or local authority, and • the landowner immediately downstream of the project, OR if written approval cannot be obtained, a written exemption from an officer confirming the applicant is not required to obtain other landowner approval. Lice Licence Proce ocess When the application is submitted, the officer will assess the site and provide the proponent with a list of significantly affected landowners Written Approval is required from : • the applicable municipality or local authority, and • signoff from those landowners that are deemed to be significantly affected by the department
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