New Requirements for Groundwater Users
March 1, 2022 is the deadline to apply for an existing use groundwater licence
If you divert and use groundwater for non-domestic purposes, you must now obtain a water licence and pay water fees and rentals. This change came into force with the Water Sustainability Act (WSA) on February 29, 2016.
Groundwater licensing establishes equity between stream water and groundwater users, and provides additional benefits.
If you are a groundwater user, licensing clarifies how much water you can legally use, and increases the security of your access to that water. Licensing establishes rights to groundwater based on the same priority scheme that currently exists for surface water, and will help to reduce conflicts between water users in times of scarcity.
If you are a well owner and you use water for domestic purposes, you are exempt from licensing and paying provincial water fees and rentals. However, domestic groundwater users are deemed to have rights to the water they use for domestic purposes. Domestic groundwater users are encouraged to register their well. Registering your well creates a record of your water use and helps to ensure that your use is considered by the decision makers dealing with other licence applications. Contact FrontCounter BC to determine if your well record already exists in the provincial database. If no record exists, complete a Well Registration Form and email it to Groundwater@gov.bc.ca or mail it to the address provided.
Registration is just for domestic use. Do not complete a registration form if you are a non-domestic user.
- Read the domestic purpose definition in Section 2 of the Water Sustainability Act
- Learn more about registering your well
- Well Registration Form
All users must use the water beneficially and comply with the regulations for protecting groundwater.
Groundwater Protection Regulation
The Groundwater Protection Regulation sets guidelines for constructing and maintaining wells in order to prevent contamination and waste of groundwater, and to make sure that well construction is safe for the environment.
Transitioning to Groundwater Licensing
The first six years of the WSA are a transition period to bring in approximately 20,000 existing non-domestic groundwater users into the current water licensing scheme and its first-in-time, first-in-right (FITFIR) priority system. If you are an existing non-domestic groundwater user, you must apply within the six-year transition period to maintain your date of precedence. If you submit your application on or before March 1, 2022, your one-time application fees will be waived.
Date of precedence
Senior licensees are given priority over junior licensees when it comes to exercising their full rights to water. If you are an existing user and you apply for a water licence during the first six years of the WSA (February 29, 2016 to March 1, 2022), you will be granted a date of precedence based on the date you began using groundwater, as determined by evidence submitted with the application. If you wait to apply until after March 1, 2022, you will be treated as a new applicant and given a junior priority date based on the date of your application.
Establishing Date of First Use
You will be asked to provide evidence of the date of first use in order to set the date of precedence. Evidence must demonstrate when the well was first brought into production and can include but is not limited to:
- Records and invoices related to the construction of wells and other works
- Environmental Assessment certificates
- Well maintenance records
- Other corroborating information that would be recognized as evidence of historic use
Section 15 of the Water Sustainability Regulation provides the complete list of information and evidence required to support date of first use.
If you apply for a licence as an existing non-domestic groundwater user on or before March 1, 2022, your water licence application fees will be waived. After March 1, 2022, you will be treated as a new applicant. New applicants for non-domestic groundwater must pay application fees.
Annual water rental fees will accrue from when the WSA was brought into effect February 29, 2016 for existing non-domestic groundwater users. Rental fees for new non-domestic groundwater users apply from the date the licence is issued.