Water Sustainability Act temporary protection orders

Last updated on September 6, 2024

During times of water scarcity, the B.C. government can issue temporary protection orders (TPOs) under the Water Sustainability Act (WSA) to protect fish populations and the aquatic ecosystem.

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Temporary protection orders under the Water Sustainability Act

TPOs are regulatory measures that the B.C. government can take to curtail water users during times of water scarcity. These regulatory measures protect the:

  • Critical environmental flow needs of aquatic ecosystems
  • Survival of fish populations

As drought conditions arise, water licence holders may be asked to reduce their water use. In some situations, voluntary water conservation cannot protect stream flows for fish and wildlife needs. In these situations, the minister can issue a TPO to temporarily suspend the rights of some licensees to protect aquatic ecosystems or fish populations. TPOs are implemented as a last resort, in accordance with the legislation, and with consideration to the needs of water users.

Declaration of Significant Water Shortage (section 86)

Under section 86 of the WSA, if one or more streams in an area have fallen or are at risk of falling below their critical environmental flow thresholds (CEFT), the minister or the Lieutenant Governor in Council may make a temporary order declaring a significant water shortage in the area designated in the order.

The CEFT in relation to the flow of water in a stream is the volume of water flow below which significant or irreversible harm to the aquatic ecosystem of the stream is likely to occur.

Critical Environmental Flow Protection Orders (section 87)

Following a WSA section 86 declaration of significant water shortage, WSA statutory decision makers may issue WSA section 87 critical environmental flow protection orders to protect the CEFT of one or more streams within the area designated by the declaration of significant water shortage. A section 87 order gives the CEFT of the stream precedence over all existing rights on those sources. Water rights are then curtailed following the first in time, first in right (FITFIR) system of rights until flows are restored. People affected by a WSA section 87 order are not prohibited from diverting water from the stream or aquifer for essential household use. 

Fish Population Protection Orders (section 88)

WSA section 88 fish population protection orders are used when flows become so low that the survival of fish is or may become threatened.

Fish population protection orders curtail specific water users on a stream, its tributaries, and any hydraulically connected aquifers. The curtailment of water rights does not follow the system of FITFIR and is based on restoring flows as quickly as possible to protect fish populations.

The minister can issue a fish population protection order only after giving due consideration to the needs of agricultural users.

Information used to support the decision to issue a TPO

Ministerial orders that curtail water rights during water scarcity are based on supporting science and socio-economic analyses that consider multiple ecosystem values, industries, and sectors.

The information to support a decision includes:

  • Fish population information and flow needs for fish population survival
  • Current and projected flow in the stream of concern
  • Water use in the stream and hydraulically connected aquifers
  • Models and analysis of streamflow responses to curtailment of water users (includes analysis of surface water and groundwater use that is having the most significant impact on streamflow)
  • Short and long-term needs of agricultural and other industries
  • Communications with licensees
  • Any supporting information provided by other parties (for example: First Nations, Fisheries and Oceans Canada)

Communication with licensees

Who can be affected?

All water users in the watershed, including licensees, holders of use approvals, and other authorized users, are reviewed when considering a TPO. In most cases where TPOs have been issued, the predominant use was agriculture. For example, 95% of water use in the Salmon River watershed is attributed to agriculture. However, industrial and mining purposes have been included in other TPOs where that type of use of water was present and where it was determined that curtailing that use would have an appreciable impact on streamflow recovery.

Early notice and voluntary reduction requests

Early communications with water users focus on drought preparedness (e.g., steps users can take now to help prevent drought impacts) and awareness of early season conditions.

As drought conditions worsen, the B.C. government will increase monitoring in watersheds with high fisheries values and high-water use. Regional staff work closely with other levels of government and First Nations to understand the demands on the watershed and to try and balance the needs as best as possible through voluntary water conservation efforts.

As drought levels increase, water users can expect to receive requests for voluntary water conservation to help minimize further declines in stream flows and to prevent or defer the need for regulatory actions. Water users may receive multiple requests with increasing urgency to voluntarily reduce water use as the severity of drought conditions escalates.

If voluntary water conservation does not improve flow conditions, TPOs may be pursued as a last resort.

Notifying water licensees

TPOs are delivered through a variety of methods. Orders can be:

  • Hand-delivered by Natural Resource Officers and other government staff to allow for the most impact and benefit to streamflow
  • Mailed through Canada Post
  • Left at licensees’ residences

Specific requirements for section 117 of the WSA specifies requirements for the delivery and publication of documents and information.

How does the B.C. government enforce regulatory action?

Entering onto private property

Section 89 (1) of the WSA establishes that Natural Resource Officers and other provincial staff designated under the Act may enter onto any land or premises for the purpose of exercising powers or performing duties. Under this authority, Natural Resource Officers and Provincial staff must not enter private dwellings except with the consent of the occupant or as authorized by a warrant.

Compliance and enforcement

Regulatory action will be taken if a TPO under the WSA is not followed, including significant fines. Compliance and enforcement staff actively monitor compliance.

A person who contravenes a WSA section 88 fish population protection order may be charged with a high penalty offence under WSA section 107 or be subject to a financial penalty of up to $500,000 under section 99 of the WSA and the associated Administrative Penalties Regulation

Incidents of suspected non-compliance with a TPO can be reported to the Natural Resource Violation line at 1-877-952-7277 or online through the Report a Natural Resource Violation form

Additional information

 

Water licence holders can be asked to reduce or stop water use

The B.C. government manages the diversion and use of freshwater (surface water and groundwater) through the WSA. Under the WSA, a person must not divert or use water unless they have acquired a private right through an authorization (for example: licence or use approval), or unless that diversion and use is authorized under the WSA or its regulations. Any diversion and use of water under the WSA remains subject to the WSA, and its regulations, including any direction or order administered under the legislation.

As drought conditions progress, many water licence holders have been asked to voluntarily reduce their water use. In some situations, where voluntary water conservation does not stabilize stream flows for fish and wildlife needs, the minister can issue a fish population protection order under section 88 of the WSA to temporarily suspend the rights of some licensees to protect the survival of threatened fish populations. These decisions are made in accordance with the legislation and with due consideration to the needs of agricultural users. We appreciate the efforts water users make to voluntarily conserve water, and their compliance with fish population protection orders.

 

Water curtailment may not always follow FITFIR

There are multiple tools under the WSA that can be used to respond to drought including:

Section 86/87 orders allow the minister to use FITFIR to curtail water use to protect the critical environmental flow threshold of a stream.

Section 88 allows the minister to issue an order that can temporarily suspend the rights of specified water users, regardless of FITFIR, but only after giving due consideration to the needs of agricultural users.

When determining which regulatory tool to implement, the B.C. government considers the potential impacts to all water users, and the potential benefits to aquatic ecosystem health and fish survival. In some areas, the implementation of FITFIR can result in disproportionate socio-economic impacts. These can include impacts to critical services such as drinking water supply, impacts to a sector that primarily holds junior licences such as stock watering, or far greater total economic costs across multiple sectors. 

 

Monitoring water levels across B.C.

Water levels are monitored in multiple ways. The River Forecast Centre monitors Water Survey of Canada gauges. The data collected by River Forecast Centre supports provincial recommendations and advisories for drought levels. B.C. government staff in regions also monitor the Water Survey of Canada gauges and take necessary manual streamflow measurements as concerns on streams and rivers increase.

 

Decisions consider a balance of impacts to water users with recovery of streamflow

In general, provincial legislation on water does not prioritize any water use purpose over another. Although specific sectors may be required to curtail water use in times of water scarcity, these decisions are always made by considering a balance of potential impacts to all water users and expediting the recovery of flows to benefit aquatic ecosystem and fish health. 

WSA section 88 fish population protection orders allow for the suspension of specific water uses to achieve streamflow returns for the protection of fish populations, after considering the needs of agricultural users. 

Typically, the highest volume water users are curtailed first, and careful modeling and analysis identifies the best balance between restoring flows quickly and minimizing impacts to water users. As agricultural producers are the dominant water user (by volume) in watersheds that have required these orders, agricultural users have primarily been impacted. Irrigation of forage crops is one of the most water-intensive agricultural water uses, so restricting the irrigation of forage crops helps return the most flow to the impacted streams. 

 

Some users may be allowed to continue to irrigate

Not all water users on a source are necessarily affected by a temporary protection order. For example, the use of water for market vegetables may not be curtailed if it accounts for a negligible portion of water use but would increase agricultural economic losses by a significant degree. Domestic and livestock watering use may also be excluded if they would have a negligible impact on flow recovery but cause more significant societal and economic impacts.

 

Support for family farms and businesses

The B.C. government understands the value of food and the potential impacts that temporary protection orders can have on family farms and business. For more information on supports, visit our programs and financial assistance for farmers.

 

Regional stream flow and groundwater levels information

B.C. gathers and assembles provincial drought data in the Drought Information Portal. This portal includes data from the:

This information is used in setting the drought levels for the water basins in the province.

 

TPO spatial dataset

A spatial dataset is available that provides a map showing the locations and extent of each TPO that has been issued or may be currently in place. The purpose of the dataset is to communicate to both surface and groundwater users when and where TPOs are or were in effect.

 

Historical TPOs

Below lists historical TPOs issued under Section 86, 87, and 88 of the WSA. Prior to 2016, TPOs were implemented under Section 9 of the Fish Protection Act (FPA). Information on TPOs issued under s.9 of the FPA can be found by viewing the TPO spatial dataset.

Historical Water Sustainability Act (WSA) temporary protection orders (TPOs).
Year Watershed TPO Type Effective date Date expired/repealed
2023 Bessette Creek (PDF, 822KB) Fish Population Protection Order s. 88 August 15, 2023 Expired September 30, 2023
2023 Salmon River (PDF, 775KB) Fish Population Protection Order s. 88 August 15, 2023 Expired September 30, 2023
2023 Tsolum River (PDF, 895KB) Fish Population Protection Order s. 88 August 18, 2023 Repealed September 27, 2023
2023 Koksilah River (PDF, 700KB)  Fish Population Protection Order s. 88 August 23, 2023 Repealed September 27, 2023
2021 Koksilah River (PDF, 774KB) Fish Population Protection Order s. 88 August 18, 2021 Repealed September 24, 2021
2021 Bessette Creek (PDF, 732KB) Fish Population Protection Order s. 88 August 20, 2021 Repealed September 9, 2021
2021 Salmon River (PDF, 731KB) Fish Population Protection Order s. 88 August 20, 2021 Expired September 30, 2021
2021 West Kettle River (PDF, 727KB) Fish Population Protection Order s. 88 September 1, 2021 Expired September 30, 2021
2019 Koksilah River (PDF, 486KB) Fish Population Protection Order s. 88 August 17, 2019 Repealed September 19, 2019