There are five ways in which community water supply areas are held or managed across British Columbia:

• fee simple ownership of watershed lands;
• long-term lease from the provincial government under the Land Act;
• watershed reserve status under the Land Act;
• community watershed designation under the Forest Practices Code; and,
• no designation, tenure or management regime at all.

Some communities, such as greater Victoria, own the land within the catchment basin or watershed area from which they obtain their water supply. In Victoria, the lands are managed by the Capital Regional District. Outright ownership of watershed lands is the most secure way to have control over land use activities that may affect water supply.

At least four communities in the province have long-term leases from the provincial government for their water supply lands: Enderby, Fernie, Vernon and Vancouver. For example, the Greater Vancouver Water District holds long term (999-years) leases from the provincial government under the Land Act for the three watersheds from which Greater Vancouver obtains its water supply. This form of tenure is also very secure because it grants extensive rights to use and occupation of the land within the watershed area, so that the potential for land use conflicts with water quality or quantity is minimized. Most land use activities, including restrictions on public access, are within the control of the water district. Some timber harvesting is permitted, but the lease provides that the watershed must be managed so that the "highest priority in the management of the lands ... must be given to water supply purposes, both in terms of quality and quantity of water and that the provisions of the forest management plan must be secondary to this objective." Some activities are outside the control of the Greater Vancouver Water District lessee, such as when the provincial government, as underlying landowner, authorized the construction of a natural gas pipeline through one of the watersheds.

For many communities in the province, their water supply areas are designated as "watershed reserves" under the Land Act, as described above in Part 4.1.4 of this Guide. Some communities have assumed that, as the name suggests, the watershed areas were reserved for their community water supply as the priority resource value, and that all other land use activities must yield to that priority. However, Land Act watershed reserves merely prevent other dispositions under the Land Act itself, and do not foreclose potentially incompatible activities such as logging and mining which are authorized under other legislation. In at least two cases, in the West Kootenay and Sunshine Coast areas, these issues have led to litigation over forest management and the legal status of watershed reserves.

With the introduction of the Forest Practices Code came the designation of "community watershed." Community watersheds trigger certain forest and range practices and operational planning requirements that do not apply to other provincial forest land. These include:

• greater streamside buffers around streams without fish;
• obligations to maintain water quality;
• special rules for use and storage of pesticides and use of fertilizers;
• special rules for road location, design, and notification of licensed water users prior to construction, modification and deactivation;
• restrictions on clearcutting and excavated or bladed skid trails;
• requirements for terrain stability and surface soil erosion mapping;
• requirement for watershed assessment;
• requirement for joint approval of forest development plans by district manager of the Ministry of Forests and a designated environment official from the Ministry of Environment, Lands and Parks; and,
• restrictions on range developments and cattle grazing near streams.

The enhanced forest practices and planning requirements do not apply to the whole watershed, but only to the drainage area above the most downstream point of diversion for human consumption.

To qualify as a community watershed under the Code, a watershed must either meet the legal definition in subsection 41(8) of the Act as of June 15, 1995, or be formally designated as such by a regional manager of the Ministry of Forests under subsection 41(10).

To automatically qualify as a community watershed under the Code, the watershed must be licensed either for a waterworks purpose, or a domestic purpose, and the licence must be held by or subject to the control of a "water users’ community" incorporated under section 51 of the Water Act. Other restrictions are that the drainage area cannot be more than 500 square kilometres, and the water licence must have been issued before June 15, 1995, (the day the Code came into effect).

Many watersheds which are used and licensed for drinking water for rural residents do not automatically qualify simply because the users are not incorporated as a water users’ community. Watersheds that do not meet the criteria for automatic designation as community watersheds nevertheless may be designated as such at the discretion of regional managers of the Ministry of Forests, with the agreement of a designated environment official. In this case, the designated environment official is the regional water manager of the Ministry of Environment, Lands and Parks. As of March 2001, there are 466 watersheds in BC that either automatically qualify, or have been designated under subsection 41(10) as community watersheds.

Community watershed designation may also be cancelled. To date 74 community watershed designations have been cancelled for a variety of reasons, while one other has cancellation pending. 22 community watersheds have been absorbed into other community watersheds. A further two watersheds are in the process of applying for community watershed status.

Certain notice, review and comment procedures must be followed for legal designation. The designation procedure and evaluation criteria are set out in the Community Watershed Guidebook of the Forest Practices Code.

For Further Reference

Legislation: Forest Practices Code of British Columbia Act. RSBC 1996, c.159, s.41.

Land Act. RSBC 1996, c.245, ss.15-17.

Regulations: Forest Road Regulation. BC Reg. 106/98.

Operational Planning Regulation. BC Reg. 107/98.

Range Practices Regulation. BC Reg. 177/95.

Silvicultural Practices Regulation. BC Reg. 108/98.

Timber Harvesting Practices Regulation. BC Reg. 109/98.

Guidebooks: Community Watershed Guidebook. October 1996.

 

SUMMARY OF LAND USE DESIGNATIONS

Land Use Designation	Description	Authority
Agricultural Land Reserve	Land under this designation is reserved for farming and agricultural purposes. The agricultural land reserve includes primarily private land.	Agricultural Land Commission Act
Community Watershed	Applies to some community water supply areas. This designation restricts forest practices and requires certain operational planning standards not otherwise required under the Code.	Forest Practices Code
Critical Wildlife Area	Protects the habitat of species that have been formally designated as "threatened or endangered." In order for this designation to be applied, the area must first be designated as part of a wildlife management area.	Wildlife Act
Designated Area	Allows the provincial government to cancel, vary, suspend or refuse to issue cutting permits or road permits in areas which are being considered for protected area status or some other use which is incompatible with logging.	Forest Act
Ecological Reserve	Areas of land reserved exclusively for ecological purposes and protected from all other possible dispositions.	Ecological Reserve Act
Environment and Land Use Act Designation	Allows the provincial government to specify a land use regime that will enable particular objectives to be met. It is used to designate areas where the land use objectives prevent it from fitting into any other designation.	Environment and Land Use Act
Forest Ecosystem Network	Intended to help reduce wildlife habitat fragmentation across the landscape by providing "corridors" for wildlife movement, areas of refuge and helping to maintain the "natural connectivity" of an area.	Forest Practices Code
Forest Land Reserve	Limits land use activities to specific purposes consistent with forestry, unless otherwise approved. The reserve includes both public and private land, and was established in an effort to minimize the impact of urban development and rural area settlement on the commercial forest land base.	Forest Land Reserve Act
Greenbelt Land	Used in the 1970s to designate land as "greenbelt land," this designation does not specify permissible land use activities. Much of the land originally designated under the Greenbelt Act has since been reallocated for parks, wildlife conservation or other uses.	Greenbelt Act
Heritage River (designated either provincially or federally)	A policy-based "commemorative" designation intended to acknowledge the values associated with rivers that are historically and naturally important.	Policy
Heritage Trail	Trails of historic significance on which, once they are legally designated, it becomes an offence to "damage, desecrate or alter" the site, or remove "any material..." A detailed management plan must be prepared for designated heritage trails, with the intent that the objectives will be incorporated into a higher level plan.	Heritage Conservation Act
Historic Site	Designates historic sites of national importance through the placement of commemorative plaques or signs. Historic sites are a federal designation.	Historic Sites And Monuments Act
Interpretive Forest Sites	"Demonstration forests" in which the public may learn about forest processes and management in a setting which interprets natural and human activities and ecological responses.	Forest Practices Code
Section 15 "OIC Reserves"	Once designated, land may not be subject to any other form of disposition under the Land Act. This designation may be used for any purpose that Cabinet considers is in the public interest. It has been used in the past to prevent the disposition of land which the Cabinet wanted reserved for possible future hydroelectric development or reservoir purposes.	Land Act
Section 16 "Map Reserves"	This designation has the same effect as an OIC Reserve, the difference being that it is only a temporary designation. It may be used as an interim measure to reserve land which is being considered for a particular use. For example, the Wildlife Branch may request a "map reserve" be placed on an area that they are considering for possible wildlife management area designation.	Land Act
Section 17 "Land Act Designations"	Allows Crown land to be designated for a priority use related to the conservation of natural or heritage resources. This designation does not preclude dispositions under other legislation, such as the Forest Act or Mineral Tenure Act. It has been used to reserve areas such as fishing camps, log storage areas or alpine skiing areas.	Land Act
Section 66 "Prohibited Use"	This designation allows Cabinet to issue a regulation prohibiting specific uses of Crown land within the area. It differs from the previous three designations in that it is not limited to reserving land from dispositions under the Land Act but may also prohibit disposition under other legislation.	Land Act
Migratory Bird Sanctuary	A federal designation that protects important habitat for migratory birds, and prohibits hunting or "any activities that are harmful to migratory birds, their nests or habitat."	Migratory Bird Convention Act
Mineral Reserve	Allows the provincial government to place limitations on the right to stake and explore for minerals in an area.	Mineral Tenure Act
National Historic Park	A federal designation commemorating a historic event of national importance or preserving historic landmarks.	National Parks Act
National Park	A federal designation for areas dedicated to the "benefit, enjoyment and education" of Canadians and must be "maintained and made use of so as to leave them unimpaired for the enjoyment of future generations."	National Parks Act
National Park Reserve	These areas are subject to the same protection as national parks, but are designated where outstanding matters (such as aboriginal land claims) still need to be resolved.	National Parks Act
National Wildlife Area	Areas of federal land on which wildlife habitat values are the management priority.	Canada Wildlife Act
Nature Conservancy	Areas, within a provincial park or recreation area, where natural resources are absolutely prohibited from being "granted, sold, removed, destroyed, damaged, disturbed or exploited."	Park Act
Old Growth Management Area	Areas which are managed to maintain the habitat characteristics of old growth forests.	Forest Practices Code
Provincial Heritage Site	Designated sites where it is an offence to "damage, desecrate or alter" any part of the site, except under permit.	Heritage Conservation Act
Provincial Forest	This designation applies to all forested Crown land that has been determined to "provide the greatest contribution to the social and economic welfare of BC if predominantly maintained in successive crops of trees or forage."	Forest Act
Provincial Park	Protected areas which are "dedicated to the preservation of their natural environments for the inspiration, use and enjoyment of the public."	Park Act
Recreation Area	This designation is similar to provincial park designation, only offers less legal protection. It prohibits natural resources from being "removed or disturbed except as may be approved by the minister."	Park Act
Recreation Site or Trail	Areas where high recreational values have been identified. Once designated, timber harvesting may be restricted at the discretion of the district manager.	Forest Practices Code
Scenic Area	Areas identified as being "visually sensitive" or having a "scenic landscape." Once designated, scenic areas are required to undergo visual impact assessments as part of operational planning. Logging operations must comply with the visual quality objectives for the area.	Forest Practice Code
Timber Supply Area	A land unit for which a specific AAC is determined. Timber supply area designation does not specify land uses.	Forest Act
Watershed Reserve	Applies to some community water supply areas. This is a specific type of designation, under sections 15 or 16 of the Land Act, that prohibits other dispositions under the Land Act, but does not prevent activities (e.g. mining or logging) that are authorized under other legislation.	Land Act
Wilderness Area	Intended to allow for the conservation of wilderness by restricting the usage and management of an area. Although it prevents timber harvesting, designation does not prohibit mining development or associated roads and is therefore seldom used.	Forest Act
Wildlife Habitat Area	Intended to conserve wildlife habitat by requiring special forest and range management considerations.	Forest Practices Code
Wildlife Management Area	Established in an area "where conservation and management measures are considered essential to the continued well being of resident or migratory wildlife..." Any use of land or resources requires the written permission of the regional fish and wildlife manager of the Ministry of Environment, Lands and Parks.	Wildlife Act
Wildlife Sanctuary	Areas within a wildlife management area where it is an offence to "hunt, trap, take, wound or kill" wildlife	Wildlife Act

11/19/03