A small group of residents south of Powell River won a large victory recently, one that sets a precedent in the protection of drinking water throughout the province.
Members of the Committee for the Protection of the Jefferd Creek Watershed and the Stillwater Improvement District had been raising concerns since 2004 about BC Timber Sales’ (BCTS) plans to log a 30-hectare cutblock in the area, with about 12 hectares inside the Jefferd Creek watershed, the drinking water source for about 150 houses. The risk is that sediments will fall into the water source as a result of the logging. With increased sedimentation, there is more of a likelihood that pathogens, such as giardia and cryptosporidium, will increase. Additionally, there is the possibility that feeder streams will dry up, reducing the amount of water flowing into the system. BC’s Drinking Water Protection Act came into effect in 2003, replacing the Safe Drinking Water Regulations. The new legislation, which brought in stiffer drinking water regulations, makes the water purveyor responsible from source to tap. Stillwater’s system is responsible for meeting the requirements under the act, but as the purveyor, it has no control over logging activities in the watershed. The users of Jefferd Creek water had to prove that the source of their drinking water was at risk due to the proposed logging in the watershed. They had to make the issue about public health and the quality of their drinking water.
The issue in Jefferd Creek was not about logging. It was about drinking water. Forestry laws put all of the risk on someone other than a forest company that is proposing to log in a watershed. As a result, people who are concerned about their drinking water are at a disadvantage. BC’s Forest Practices Board has proposed an arbitration process that would allow disputes of this type to be considered by someone other than the forest company, but that, to date, is something the province hasn’t implemented.
The Stillwater group received significant support in their campaign from the area’s drinking water officer and West Coast Environmental Law, which provided funding and legal advice. As well, BCTS acted responsibly and held off logging until after the drinking water officer concluded his investigation. Then it decided to significantly reduce the amount of logging in the watershed. Many believe that purveyors of water should have control over what goes on in the management of the watersheds. Other groups in the province who are concerned that their water is at risk from logging or other industrial development should be encouraged by the results of this case.
