The following is a copy of a June 20, 2005 presentation to the Squamish-Lillooet Regional District (SLRD).   Below the presentation transcript are selections from portions of SLRD Bylaw 765 pertaining to the public review of Bylaw 833.  As seen in Bylaw 765, the definition of "Community Watershed Protection" does not "protect" the public's drinking water, but conforms to the definition imposed upon provincial water users by the provincial government that allows for resource development practices within them.

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SQUAMISH-LILLOOET REGIONAL DISTRICT (SLRD) PUBLIC HEARING

COMMENTS ON BYLAW 833 (to amend By-Law No. 765, 2002)
Rezoning Community Watersheds in Electoral Area “C”
From RR1 (RM) Sub Zone to “Community Watershed Protection” Zone:
D’Arcy, Rogowski (Birkenhead), (part of) Peq (Mt. Currie), McCullock (Lillooet Lake), Cataline (Lillooet Lake), (part of) Rideau Brook (Whistler), (part of) 21 Mile (Whistler), (part of) Blackcomb, and (part of) Whistler Creek Watersheds

A Presentation by Barry Welsh,
D’Arcy, Electoral Area “C”
June 20, 2005.

Opening Remarks

I want to thank the SLRD for acknowledging the critical value of our drinking water sources in Electoral Area “C” by finally providing Regional rezoning of them in the proposed By-Law No. 833 to status of “Community Watershed Protection” (CWP).  By doing so, it is consistent with and conforms to the current zoning of other community watersheds within the SLRD (i.e. By-Law No. 765).  

As such, I understand from the SLRD’s Planning Department that the rationale for the SLRD’s status of “Community Watershed Protection” is to help bring a measure of regional government accountability and restraint over these Crown lands from provincial government resource planning of licensed resource activities within them, administered, primarily through the Forest Practices Code and the Forest and Range Acts, and other government legislations.  As we know, these provincial legislations fail to really “protect” our drinking watershed sources, the reason why the SLRD must accordingly and obviously zone them with its own protective By-Law.

Concerns

Given the nature of this Public Hearing on By-Law No. 833 for these nine drinking watersheds, I have a number of questions and concerns.  

1.  The origin of “CWP”. 
I would like an explanation on when the SLRD’s concept of CWP was first introduced and what triggered it.  

2.  The application and effectiveness of CWP. 
What has been the effectiveness of CWP?  Could you provide specific examples of where and how it has been applied.

3.  Consistency. 
I fail to understand why all the community watersheds in the SLRD were not all provided with the same blanket status of CWP at the same time.  Why was Area “C” left without CWP status for so long?

4.  Status of community and domestic watersheds. 
How many community and domestic watersheds are there within the SLRD’s boundaries, and what are their names.  Do/will they all have CWP status?

5.  The definition of “CWP” - does it go far enough? 
What is the SLRD’s definition of “protection” in the zoning term “Community Watershed Protection”? 

I see that “community watershed” is defined in the Interpretation section of By-Law 765 (2002) as what is defined under the Forest Practices Code of British Columbia Act.  However, I do not find a separate definition of “Community Watershed Protection” in the same Interpretation section.  It should be defined here separately from the provincial government’s definition and standards for Community Watersheds.  

In Section 15.1 (a) of By-Law 765 (page 36), the SLRD apparently approves of “community watershed management”, but I don’t see a definition of what “management” actually means.  I assume that definition to be under the provincial government’s Forest Practices Code, identified in 15.1 (b), the allowance of “timber harvesting”.  From what I have so far discerned, the SLRD’s “Community Watershed Protection” does not actually mean “complete” protection, which was my first impression of your By-Law.    

6.  Land Act Watershed Reserves not acknowledged.

I learned not too long ago by a representative from the B.C. Tap Water Alliance (www.alternatives.com/bctwa, Watershed Reserves Section) that some of the community watersheds in the SLRD were provided with legislation under the Land Act as Watershed Reserves.  I was told that D’Arcy Creek was such a Reserve in Area “C”, but I don’t see that designation reflected in your By-Law 833.  Could you tell me what this means, and how many other watersheds in the SLRD have also been provided with designations as Watershed Reserves.  If this legislation is only given to a few of our watersheds, should they not all be provided with the same consistent provisions?

7.  The CWP zoning and the Sea-To-Sky Land and Resource Management Plan.

With the recent planning discussions between the provincial government, First Nations and the SLRD regarding the Sea-To-Sky LRMP, how are our community watersheds defined and designated for “protection”?  What is the difference between the provincial government’s definition of “protection” and the SLRD’s definition?

Recommendations

In contrast to the provincial government, I believe that the SLRD must take a strong position on the actual “complete protection” of these valuable public assets.  Such a strong and clear position should be carefully defined in By-Law 833, and redefined in By-Law 765.  This may constitute a separate public forum and discussion for such by the SLRD in the near future.  As a result, I recommend that the SLRD Board refer By-Law 833 back to the Planning Department and Committee for appropriate amendments to reflect my concerns.

I would ask the SLRD to provide a full written response to all and each of my questions and concerns.  Thankyou.

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Squamish-Lillooet Regional District - Electoral Area C Zoning Bylaw No. 765, April 2003

1. This bylaw may be cited as Squamish-Lillooet Regional District Electoral Area C Zoning Bylaw No. 765, 2002.

2. Schedules A and B, detailed below, are attached to and form part of Squamish-Lillooet Regional District Electoral Area C Zoning Bylaw No. 765, 2002: (a) Schedule A (Zoning Bylaw Text); (b) Schedule B (Zoning Maps).

3. The Squamish-Lillooet Regional District Zoning By-law No. 20, 1970 and Squamish-Lillooet Regional District Zoning By-law No. 72, 1975 as they apply to Electoral Area C, all amendments to Bylaws 20 and 29 pertaining to Electoral Area C and Squamish-Lillooet Regional District Zoning By-law No. 29, 1972 and all amendments to Bylaw 29, are repealed.

READ A FIRST TIME this 12th day of December, 2002.
READ A SECOND TIME this 24th day of February, 2003.
PUBLIC HEARING HELD on the 17th and 19th day of March, 2003.
READ A THIRD TIME this 28th day of April, 2003.
APPROVED pursuant to Sec. 54(2) of the Highway Act this 5th day of May, 2003.
APPROVED BY THE MINISTER OF COMMUNITY, ABORIGINAL and WOMEN’S SERVICES on the 26th day of May, 2003.
Approval No. 2003074
ADOPTED this 23rd day of June, 2003.   

“Raj Kahlon”                    “Paul R. Edgington”           
Raj Kahlon                        Paul R. Edgington
Chair                                   Secretary

I hereby certify this to be a true and correct copy of “Squamish-Lillooet Regional District Electoral Area C Zoning Bylaw No. 765, 2002” as adopted June 23, 2003.

Paul R. Edgington
Secretary

Schedule A to Zoning Bylaw No. 765

PART 1 - INTERPRETATION

1.1    In this bylaw:

“Board” means the Regional Board of the Squamish-Lillooet Regional District;

“community watershed” means all or part of the drainage area above the most downstream point of diversion for a water use that is for human consumption and that is licensed under the Water Act for a domestic purpose or a waterworks purpose as defined under the Forest Practices Code of British Columbia Act;

"farm operation" as defined in the Farm Practices Protection (Right to Farm) Act means any of the following activities involved in carrying on a farm business:
(d) applying fertilizers, manure, pesticides and biological control agents, including by ground and aerial spraying;
(e) conducting any other agricultural activity on, in or over agricultural land;
and includes
(f) intensively cultivating in plantations, any
(i) specialty wood crops, or
(ii) specialty fibre crops prescribed by the minister;

“livestock” includes cattle, horses, mules, donkeys, sheep, goats, swine, bison, llamas, alpacas, poultry and rabbits;

“natural boundary” means the visible high-water mark of any lake, river, stream, or other body of water where the presence and action of the water are so common and usual, and so long continued in all ordinary years, as to mark upon the soil of the bed of the lake, river, stream, or other body of water a character distinct from that of the banks thereof, in respect to vegetation, as well as in respect to the nature of the soil itself;

"watercourse" means any natural or man-made depression with a bed 0.6 metres or more below the natural elevation of surrounding land:
(a) serving to give direction to a current of water at least six months of the year according to records kept by the province of British Columbia; or
(b) having a drainage area of two square kilometres or more.

PART 4 - GENERAL ZONING PROVISIONS AND REGULATIONS     

ESTABLISHMENT OF ZONES

4.1  (1)  Electoral Area C is divided into the following zones and sub zones:

RR1    Rural 1
RR1Res     Rural 1 - Rural Residential sub zone
RR1Res(sd)    Rural 1 – Rural Residential (single dwelling) sub zone    (Amendment By-law 850)
RR1RM     Rural 1 - Resource Management sub zone
RR1TA     Rural 1 - Tourist Accommodation sub zone
RR1LUC     Rural 1 – Land Use Contract sub zone
AGR    Agriculture
AGRPF    Agriculture – Pemberton Fringe sub zone
R1    Residential
MHP    Mobile Home Park
C1    Community Commercial
TC1    Tourist Commercial 1 sub zone
TC2    Tourist Commercial 2 sub zone
TC3    Tourist Commercial 3 sub zone
TC4    Tourist Commercial 4 sub zone
TC5    Tourist Commercial 5 sub zone
I1    Light Industrial
I2    Resource Industrial
I3    Independent Power Project   
PA1    Public Assembly and Institutional
CWP    Community Watershed Protection

USES PERMITTED IN ALL ZONES

4.2  (1) The following uses are permitted in all zones except the Independent Power Project and
        Community Watershed Protection zones:
(a) home based business;
(b) bed and breakfast home;
(c) auxiliary uses, buildings and structures;
(d) parks and playgrounds;
(e) community halls, libraries, fire halls, ambulance and first aid stations and police stations;
(f) licensed community care facilities where the building or structure to be used by the community care facility will be used
(i) to provide day care for no more than 8 persons, or
(ii) as a residence for no more than 10 persons, not more than 6 of whom are persons in care;
(g) horticulture, silviculture and forest management;
(h) buildings, to a maximum floor area of 50 m2, housing telecommunications equipment, waterworks pump stations, sewer system lift stations and similar unattended public utility equipment and machinery; with no exterior storage of any kind.

PART 5 - ZONES

CWP ZONE        COMMUNITY WATERSHED PROTECTION

Permitted Uses

15.1    Land, buildings and structures in the CWP zone shall be used for the following purposes only:

(a) community watershed management for protection of domestic water supplies;
(b) timber harvesting consistent with community watershed values as determined by analyses in conjunction with a watershed assessment procedure under the Forest Practices Code;
(c) unattended public utility buildings to a maximum floor area of 50 m2; with no exterior storage of any kind, and no garage for the repair and maintenance of equipment.