Draft Water Act Released

The long-awaited first draft of a Water Act for PEI has been released! And now the second round of consultations begins. To help us prepare for the consultations, the Coalition for Protection of PEI Water will hold a MEETING on Monday, March 20 at 7 pm at the Farm Centre in Charlottetown. Everyone is welcome to come and share their first thoughts about the proposed legislation.

DSCF2668Schedule of public meetings

  • Thursday, March 30, 7:00 to 9:00 pm – Kaylee Hall, Pooles Corner
  • Monday, April 3, 7:00 to 9:00 pm – Westisle Composite High School, Elmsdale
  • Wednesday, April 5, 7:00 to 9:00 pm – Credit Union Place, Summerside
  • Monday, April 10, 7:00 to 9:00 pm – Murphy’s Community Centre, Charlottetown

If you would like to make a presentation at one of these meetings, please pre-register with the Department of Communities, Land and Environment, by e-mail sjmoore@gov.pe.ca(link sends e-mail) or by phone (902) 368-5028.

Please note that each presentation will be limited to ten minutes.

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Coalition Asks for Moratorium on Bottled Water Exports

shutterstock_103020260Following a meeting with Environment Minister Robert Mitchell, members of the Coalition for the Protection of PEI Water ask, in anticipation of the next phase of development of a Water Act,  for interim measures to protect water including a moratorium on bottling water for export:

Dear Minister Mitchell

Thank you for meeting with us last week. We were able to cover some of our concerns and we look forward to further discussions with you as we move towards a comprehensive water act. We wanted to follow up on the meeting with some key concerns and questions that we have.

We must impress upon you that we do believe that it would be a prudent and responsible decision to put a hold on future water extraction permits for anything other than the most essential purposes while we await the Water Act. We realize that this is a difficult challenge. While businesses have a certain expectation of expediency, we believe it is your role to impress upon them that any decisions around water use must primarily be grounded in having a system in place that first of all respects our environment and protects our water for future generations. The very process of developing a Water Act reflects the collective awareness that our current policies and regulations been inadequate in accomplishing these key goals. We believe that it is not acceptable to continue to make decisions about water use based upon problematic policies.

One of the important recognitions for us from that meeting is that it seems like no one (including the Coalition) has thought about how decisions about water use and permits will be made in the interim period while the Water Act is being developed. So it is not surprising that current policies, however inadequate, become the ‘fall back’ position.

While we do support a ‘moratorium’ on new permits and uses, we think that it is essential that there be an interim set of priorities for water use developed while we await the Water Act. If decisions must be made in the interim, they need to be grounded in these principles and provide the opportunity to meet ‘essential’ needs. From the consultations, there seems to be widespread agreement that our priorities must always be given first to maintaining healthy ecosystems, providing for basic human needs, and for fire and emergency services. All other permits and new uses can be seen as lower priority and should await the Water Act, and the opportunity to have the discussions and consultations we need about how we believe our water should be used.

Such guidelines would have supported postponing the decision on the AquaBounty applications for permits as a nonessential use, and for the proposed bottled water plant in Brookvale that plans to use PEI water for export.

There are other reasons why a moratorium would be advisable. While we appreciate that you have advised businesses that permits granted now might not be applicable under a new Act, the unsettled issues about grandfather clauses raises serious concerns about whether the province would be liable or responsible for costs should a permit need to be rescinded. We include some other relevant questions and comments about the permitting process.

 Is a PEI permit transferable to another property or business owner?  Can it be included in a personal estate as property to be inherited? Is it collateral for a bank loan? Can excess capacity be sold or traded (or combined into a new enterprise?)  Can neighbors who lose a well or can property owners in a watershed that is drained stop the permitted owner from impacting them? Can PEI rights be sold or transferred to a private interest in another province or to an international interest?

Not only should we be looking at responsible management of water within the province, but also at considering the sovereignty and future food and water security of the Island. We have mutual reasons to prevent PEI water from being a privately owned global commodity.

John Quimby, who lived in California, mentioned the effect of grandfathered water rights there given in 1914 that affected private property owners, the public and government during an historic drought emergency in 2014.

Closer to home, we have seen the public response to the Nestle model of extraction for profit during a drought emergency in Ontario.

Finally, the discussion of the proposed water bottling plant in Brookvale reflected major gaps in policy that needs to be immediately addressed. It was surprising to learn that your department had no jurisdiction to decide about this proposal if the applicants stayed within the existing water extraction guidelines. As we all agree, the way we use our water is an important moral and ethical issue and one that is hotly contested. It is much more than a business decision that can be made by individuals. It was clear that the existing policies would make it possible for any other entrepreneurs to pursue a similar plan. We would be taking a major step toward the commodification of water, without even discussing it.

We urge you to address this policy gap by declaring a moratorium on going forward on any developments of bottled water for export, and will then hope it will be addressed in the Act.

Catherine O’Brien, Don Mazer, Chris Ortenburger, Leo Broderick, John Quimby, For the Coalition for the Protection of PEI Water

Coalition Protests Approval of Four High Capacity Wells

 

July 19, 2016

Minister Robert Mitchell,

Department of Communities, Land and the Environment

Box 2000, Charlottetown, PE C1A 7N8

Dear Minister Mitchell:

The Coalition for the Protection of PEI Water has serious concerns about the approval of the Aqua Bounty application to expand their operations in Rollo Bay, and the issuing of permits for the operation of four high capacity wells on June 17.

We regard approval of this application as a breach of faith, an action that is in direct contradiction to the goals and values of the thoughtful consultation process conducted by your department through the Environmental Advisory Council (EAC) in the development of the Water Act. The major impetus for developing a Water Act was the widely shared concern about the possibility of lifting the existing moratorium on high capacity wells for agriculture. This concern was at the heart of numerous high quality presentations made to the EAC. This is exactly the kind of issue that a Water Act is intended to deal with.

Common to many of these presentations, and evidenced in the EAC report, was the importance of transparent processes and meaningful community engagement on water issues. The approval of the Aqua Bounty application has failed to meet your own standards of transparency and engagement reflected in consultations about the Water Act.

The EAC report recommends that the province should:

  • Ensure transparency on status of our water and the decision-making process that affects that status
  • Consolidate and define the process for approval/rejection and regulation of high capacity wells
  • Tailor water usage to respective watersheds and develop a watershed budget and water allocation system in consultation with local advisory groups, communities and municipalities.

But with Aqua Bounty, we saw a ‘consultation process’ that was inadequate from the beginning.

  • Only a single notice for one public meeting was published on the back pages of the Guardian. Most concerned groups did not see that notice and therefore did not attend. Level 2 Public Consultations require “The meeting must be properly advertised by the proponent in the Guardian, as well as the local newspaper, for 6 consecutive days.”
  • The Coalition and other environmental organizations sent letters of concern to the provincial government. Beyond acknowledgement of the receipt of these letters, we did not receive any indication that our concerns were addressed.
  • Any public input that may have been received was not accessible: we did not see our letters of concern posted on your department’s website.
  • The Coalition for the Protection of PEI Water and other concerned groups did not receive notification or invitation to a public meeting to provide meaningful input from key environmental stakeholders.

While this failure of process is very disturbing to us, the most startling and contradictory development is the issuing of permits for high capacity wells that allows the pumping of almost two million gallons of water a day to meet the needs of Aqua Bounty. This quantity is about half of the water used by the municipality of Charlottetown to meet the needs of 30,000 residents, its businesses, industries and institutions. The problems resulting from this level of extraction on the Winter River watershed are widely known, a result of the current policies and regulations that are recognized as inadequate and outdated by your own department and by the EAC.

How can you then issue permits based upon policies and regulations requiring the kind of change a Water Act would bring?

It should not matter if these are new wells or existing wells to be reactivated. The fact that these wells are for aquaculture and not agriculture seems like a minor distinction. We can only conclude that this was an expedited bi-lateral negotiation between your department and Aqua Bounty, designed to bypass the public and the development of a Water Act. Why was the approval of this application regarded as so urgent that it could not await the development of the needed policies for water use on PEI that we thought we were collectively working toward?

We are concerned and disturbed by your decision. But we are also disappointed. Up to this point, you have set a high standard for openness to consultation, transparency and responsiveness to community concerns in your tenure as Environment Minister. The processes of consultation for the Water Act reflects this high standard.

We are left with these questions:

1) Isn’t the issue of the approval of high capacity wells one of the key elements that a Water Act should address?

2) If this application process is indicative of current water governance by the province, are we to assume that selected new applicants will have access to the same process and get approval before we see a new Water Act?

3) Will all existing permit holders (now including Aqua Bounty and others that may be approved prior to the new Water Act) have to be in compliance with the regulatory component of the water act, or will there be a grandfather clause that allows existing users to use water as they always have?

The Aqua bounty permit raises other important questions about grandfather clauses. These wells will greatly increase the value of this or any business granted those rights and reflect a huge handover of public resources for private profit and economic benefit.

4) Are these permits/rights granted in perpetuity?

5) Could those rights be transferred in the sale of the business?

6) Could they be retained or re-sold separately by private or corporate entities should the business fail?

7) Can unused capacity be sold to another user?

8) Can water be transferred to another development?

9) Are these rights now property that can be transferred to heirs of the owners?

There needs to be significant action and response to public concerns to restore faith in the legitimacy of this process. The Aqua Bounty assessment process is inconsistent with the consultation values you have encouraged around the Water Act and which resulted in the sincere engagement of so many members of the PEI environmental community.

We believe it is important for you to make a full and public statement indicating your justifications for this decision and addressing its inconsistencies with the consultation values you have supported. We would like there to be an appeal process that would make it possible for you to rescind the permits that you expedited.

We are hopeful that you can take actions that can restore our faith and affirm the legitimacy of the process of developing the Water Act. Our Coalition includes a broad range of environmental and social justice groups from across PEI. We have been active and committed contributors to the consultations up to this point. It is disheartening to see fundamental values so easily bypassed.

Sincerely,

Catherine O’Brien, Don Mazer, Gary Schneider

The Coalition for the Protection of PEI Water

 

Some Thoughts about Water Governance

By Don Mazer

The process of developing a Water Act for PEI has engendered widespread and enthusiastic participation in public consultation. The Environmental Advisory Council and its supporting government structures have provided a wide range of opportunities for public input so that all citizens have had a chance to be heard. The EAC has been flexible and responsive to a range of concerns raised about transparency, scheduling and time constraints on the process. The results of this consultation process have been heartening –well attended sessions, and thoughtful and articulate presentations from a variety of groups and individuals across a number of sectors. The undertaking thus far, with its valuable public contributions regarding how we think about water, reflects the potential of a participatory democratic process to develop our fundamental Water Act and policies.

What happens next? – – The Participatory Model of Water Governance

It is essential to build on this productive and positive experience in the steps to come. First, ongoing and meaningful public involvement is needed in the development of the new Water Act and policies. Second, we believe that the Act and policies should be grounded in more collaborative approaches to water governance.

These suggestions will extend the open spirit of the consultations so far, and also reflect developing trends toward more participatory approaches to water governance.

The Dublin Statement on Water and Sustainable Development (1992) reflects the origins of such an approach. “Water development and management should be based on a participatory approach, involving users, planners and policy-makers at all levels.” Decisions are taken at the lowest appropriate level, with full public consultation and involvement in the planning and implementation of any activity that affects water.[1]

Several models of governance and decision making have emerged in recent years that reflect a more participatory approach: “decentralized collaborative watershed-based governance”, “delegated water governance partnerships”, “collaborative agencies” with government and citizens, and “watershed based governance”, among others. Common components of these models are multiple stakeholders, shared decision making and active public participation.

It is important to distinguish between the ideas of water “management” and water “governance”. Water management is often grounded in centralized decision making with the government as the principle stakeholder. By contrast, water governance reflects:

“the range of political, organizational and administrative processes through which interests are articulated, input is absorbed, decisions are made and implemented, and decision makers are held accountable in the development and management of water resources and delivery of water services.”[2]

POLIS, a BC research and sustainability institute, has done extensive work on the idea of “ecological governance” and applied this idea to watersheds.

“Ecological governance means embedding the environment in all levels of decision-making and action – from the personal to the global. It means thinking about our cities and communities, our forests and watersheds, our economic and political life within a new paradigm that treats the environment not as an add-on or afterthought, but as all-encompassing and all pervasive.

“Ecological governance is thus about democracy and community. It is also about the natural world within which our communities exist and interact, and which sustains us.”[3]

It reflects the necessary shift in thought that can help us to address our issues with water more holistically and sustainably.

Applying the Participatory Model to Prince Edward Island’s Water Act

What we require at this point is a commitment to a participatory process of policy development to find ways of considering and incorporating such models of governance in the Water Act. We have indicated some worthwhile directions that might be pursued in developing such policy (additional ideas and examples are appended). We believe that it is essential to “widen the funnel” so that more of the concerned input of engaged citizens, reflected in the wide public participation in the consultations, can have a meaningful voice in discussing the range of options and formulating the emerging policy.

It is also important to recognize that whatever policy and governance structures we develop will be grounded in particular values and ethics. Whether we view water as an economic good, a human right and social good, a human and ecosystem right and socio-ecological good, or as a sector, our focus will have important implications. What are the goals and rationales? Who are the important “stakeholders” to represent? What approach to democracy? What model of governance? What strategies will be used in governance?

In an earlier presentation, we had suggested the idea of a Water Governance Board to the EAC. We think that some form of such a board is an excellent idea, and that it be based on the ideas discussed above: multiple stakeholders, shared decision making, active public participation. There are examples of boards in California and in parts of Europe.   In Canada, the Okanagan Basin Water Board and Ontario’s Conservation Authorities are illustrations of agencies that have incorporated ideas of collaborative governance.

But it seems premature at this point to discuss this in greater detail, since the work of a policy development group will undoubtedly research and develop the range of possible structural options. Certainly, whatever board or structure that emerges must be characterized by accountability and transparency.

Any models of governance must have an important role for watersheds. POLIS and others have provided some excellent studies and examples of how this can be done. There can be a broad range of decisions that can be in the hands of watersheds while government retains its important regulatory and enforcement responsibilities.

What is most essential now, however, is to have a policy development group that would itself reflect the essential ideas of governance, that would provide a format where a broad range of ideas are articulated and negotiated in the development of policy and structures. Once again, we require multiple stakeholders, shared decision making and active public participation

As we’ve indicated in earlier presentations, we feel that the key goal of the Water Act needs to be the restoration and preservation of healthy aquatic ecosystems. It is imperative that we recognize that water is a right for both humans and ecosystems. In other countries such as Ecuador, nature (Pachamama) has rights embedded in its constitution, and parties can be sued on behalf of Pachamama if they infringe on these rights. So when we think about our suggestions for a policy development group, our primary concern is that people who see the primacy of such rights be present at the table who could “speak for nature”. In that group we would include representatives from the Coalition, from watershed groups, from First Nations, and from the water and watershed scientific community. Certainly there are other “stakeholders”– government officials and policy developers, those whose livelihood is intimately connected with water, and others who will also be included. A shared commitment to such ecological goals is essential in all members of such a group in developing our policies about water and its governance.

The Water Act consultations have been an important step in public participation. We now encourage the EAC to take the next bold steps to continue this process to reflect emerging forms of participatory water governance. First, by including engaged citizens committed to the health of ecosystems to be members of the policy development group that develops the Act, and then to develop collaborative structures of governance, like Water Boards, that will carry forth this work.

Further notes, information and resources

 On the importance of governance: “Where government is often about creating one policy, one organisational structure (often a bureaucraticone) and one order, governance is more about understanding the complex interactions between a variety of governments and other organisations active in a joint domain. Governance is about more: a combined and intertwined set of ambitions, goals and future challenges, a joint mutual dependent set of organisations beyond the public private boundaries, and a set of sub processes creating a more or less unmanageable water governance process system.” (Teisman et al., 2009; Flood, 1999)

Governance capacities will increase when a governance network does not only cater to the vested interests that have historically shaped existing governance structures, but also admit entrance of new interests into the water-related policies and management.

 On a participatory model of governance: Delegated water governance partnerships often involve:

  • delegation by government (or the relevant authority) of water governance to a lower scale;
  • greater involvement of a wide variety of non-state actors;
  • the use of a hydrographic boundary, such as the watershed, rather than political boundaries
  • collaborative decision-making processes, often emphasizing consensus and trust-building;
  • science-based decision-making, often requiring extensive fact-finding.

Various aspects of delegated governance have been incorporated into earlier water management initiatives (such as watershed based agencies like the Tennessee Valley Authority). Perhaps the most novel aspects of delegated water governance partnerships are the involvement of a large number of stakeholders representing diverse interests who treat each other more or less as equals, and the principle that decision-making should not be left solely to government experts.

Guiding Principles for a New Model of Governance

The Blueprint is informed by six critical watershed governance principles. These principles inform the proposed institutional architecture, which will be needed to implement this comprehensive vision for watershed governance.

The guiding principles are:

  1. Water for Nature
  2. Whole-Systems Approaches
  3. Transparency and Engagement of Affected Parties
  4. Subsidiarity and Clear Roles for Decision-Making
  5. Sustainable Financing and Capacity
  6. Accountability and Independent Oversight

The central premise of this Blueprint is to fundamentally change the scale at which critical decisions impacting watersheds are made and to develop a clear role for watershed entities (WEs) in formal decision-making. Wes would be community-based institutions that operate at a watershed scale to provide a nexus for integrating whole-system thinking with local ecological, economic, and social requirements. The governance functions and core activities envisioned for WEs are described in detail (Table 2), including a discussion of their principal roles and responsibilities in watershed visioning and planning; monitoring and reporting on local conditions; integrating mandates across levels of government; reducing and resolving conflicts; and education and building awareness.

Two critical features characterize WEs. First, there must be a framework that allows for a flexible spectrum of organizational structures that is adaptable to fit local circumstances. Second, WEs should be enabled—not required. Agreement among key stakeholders and rights holders, including First Nations and government, would be needed to catalyze the creation of a local WE. WEs would be specifically designed with attention to building accountability mechanisms and would be financially sustainable, allowing them to develop the necessary local legitimacy to advise and, ultimately, make decisions governing the ecological, social, and economic health of their waters.

On ecosystem/watershed management: There is a long-standing debate about what’s called ecosystem management and ecosystem-based management. It offers a great metaphor: the idea of ecosystem management is that you have a bunch of people working in the government who manage the ecosystem. They say “we need forests here, that’s the most important thing for us. We’re going to try to fit in recreation. We’ll worry about water (sort of) and the people (sort of) – but we will manage it according to our values.” Compare this with ecosystem-based management, which turns this around and says that whatever happens in the ecosystem, must be done in ways that allow that ecosystem to continue to flourish. The management must be based in the ecosystem.

On ecological governance: How do we structure governance systems so that we are accountable to the world? How do we structure the institutions that we create so they can fulfill the nature of the world? If a human is defined in one way, what does it take in our structures to allow the human to flourish? Or the rest of the world – other peoples, other forms of life, whether it’s fish or the forests or the air – how do we structure our governance systems to allow these to flourish and how do we reflect on that as a community?

References and resources:

http://www.polisproject.org/about

http://www.chance2sustain.eu/fileadmin/Website/Dokumente/Dokumente/Publications/Chance2Sustain._Literature_Review_No.4_Water_Governance_Key_Approaches_An_Analytical_Framework.pdf

http://www.obwb.ca/fileadmin/docs/fbc_watergovernance_final.pdf

http://www.unesco.nl/sites/default/files/dossier/water_governance.pdg_.pdf

[1] Dublin Statement from the United Nations Conference on Environment and Development, 1992 

http://www.wmo.int/pages/prog/hwrp/documents/english/icwedece.html

 [2] Delegating Water Governance: Issues and Challenges in the BC Context

Report for BC Water Governance Project prepared by UBC Program on Water Governance http://www.obwb.ca/fileadmin/docs/fbc_watergovernance_final.pdf

[3] POLIS: Project on Ecological Governance, research body situated in the Centre for Global Studies at the University of Victoria. http://www.polisproject.org/about

Water Act Consultations Schedule

The Water Act Consultations are winding down – here is the schedule for the next few weeks. In each case start time is 7:00 p.m.

Tuesday, Nov. 24th
Kensington Legion

Kensington North Watersheds Association
Kensington Water Management
Southwest River Nitrate Group
Margaret MacKay (individual)

Thursday, Nov. 26th
Elmsdale, Westisle Composite

Coalition for the Protection of PEI Water (#2)
PEI Federation of Agriculture
PEI Federation of Municipalities
Cascumpec Bay Watershed Association

Wednesday, Dec. 2nd
Cornwall Civic Centre

Cornwall and Area Watershed Group
PEI Potato Board
PEI Shellfishers Association
Ellen’s Creek Protection and Planning Committee

Monday, Dec. 7th
Farm Centre, Charlottetown

CropLife Canada
Fertilizer Canada
Darcie Lanthier (individual)
Sandy MacKay (individual)

Save Our Seas and Shores PEI Presents to EAC

UntitledEllie Reddin and Ian Forgeron, speaking on behalf of SOSS PEI made an excellent presentation with 3 strong recommendations:

Recommendation 1: Protection from the potential pollution of PEI water resulting from oil and gas exploration and drilling in the Gulf, including the discharge of deleterious substances.

Recommendation 2: Protection of fundamental right to clean, safe drinking water, and the protection of the health of aquatic systems as the primary goal of the Water Act.

Recommendation 3: Continuation of moratorium on High Capacity Wells for agricultural irrigation, and non-essential uses; as well as, increased regulations for for industrial and commercial purposes of High Capacity Wells and to phase out existing wells gradually to the extent possible.

We Don’t Want Another Winter River: Lessons for the Water Act By Don Mazer

Brackley branch of Winter River completely dried up (Aug. 12th 2012)
Brackley branch of Winter River completely dried up (Aug. 12th 2012)

Don Mazer started his presentation to the EAC by pointing out that, “It’s appropriate that these consultations begin in Charlottetown, and to be talking about the Winter River, the source of virtually all of the water used by this City and its residents, businesses, institutions, worker and visitors. One could say that the reason for these consultations actually begins with Charlottetown and with the Winter River. The Standing Committee hearings about the impact of high capacity wells and the proposal to lift the moratorium led to the recommendations for a Water Act. And the Winter River watershed is the home of 14 of such high capacity wells located in Brackley, Union and Suffolk that operate all day every day of the year, pumping more than 18 million litres per day from the watershed to the City of Charlottetown. There is much to be learned from the experience of the Winter River with water extraction that is valuable for a new Water Act.”

You can read Don’s full presentation here.

Council of Canadians Water Act Presentation

Leo Broderick presented on behalf of the Council, in Summerside on October 13. He ended his presentation with a hopeful message: “There is hope – and that is illustrated by looking at the bald eagle. The bald eagle took a heavy blow from DDT. A pesticide that enters the food chain and causes reproductive failure. The bald eagle is a great conservation story. PEI now has hundreds.”

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You can see Leo’s powerpoint presentation here.

 

Presentation by Gary Schneider to the EAC

Gary Schneider, Co-Chair of the Environmental Coalition of Prince Edward Island and Past Member of the Round Table on Resource Land Use and Stewardship, presented to the Environmental Advisory Council on October 8th. One of his first recommendations:

“We must face up to the serious environmental problems in this province. This year’s Speech from the Throne stated that one reason people love to come to Prince Edward Island was our “pristine” water. And when I take the Marine Atlantic ferry there is always an announcement about our “pristine” Island waters. Pristine is a lovely word, but when you have dead fish floating in rivers and shellfish dying in our estuaries, attracting national and international attention in a variety of media outlets, you’d have to have a pretty low opinion of visitors’ intelligence to think they would believe that. Studies are being carried out at UPEI to look at the significant amounts of nitrates and pesticides that are flowing into the Strait. We really need to start making the same progress on water that we are finally making on mental health, child abuse, drug addiction or other societal issues. We need to honestly admit there are problems and address them with seriousness and immediacy.”

Read Gary’s full text here.