On Merville groundwater extraction it’s deja vu all over again

On Merville groundwater extraction it’s deja vu all over again

Electoral area directors deferred amended application to a future meeting, want province to explain licensing rules

On Merville groundwater extraction it’s deja vu all over again

It was standing room only in the Comox Valley Regional District Civic Room on Jan. 9 as about 80 people squeezed into the Civic Room for the Electoral Areas Services Committee (EASC) meeting.

This is an uncommon turnout for such meetings, but many people have uncommonly strong feelings about protecting shared local water resources.

After the new EASC chair and vice-chair were acclaimed (Richard Hardy and Edwin Grieve, respectively), and Ed Hoeppner made a presentation on Hornby Island’s composting toilet residuals, the committee heard from Bruce Gibbons, the tireless leader of the Merville Water Guardians, opposing yet another iteration of Scott MacKenzie and Regula Heynck’s application to extract groundwater at 2400 and 2410 Sackville Road.

“It was, and still is, obvious that the residents, farmers and elected officials of the Comox Valley do not want the water from the Comox Valley aquifer to be extracted and sold for commercial profit.”  — Bruce Gibbons, January 9

As we reminded you last week, way back in 2017 MacKenzie and Heynck received a conditional license from the province to extract water for bottling. Their 2018 zoning amendment application to the CVRD board, requesting that the Board add “water bottling” to the list of permitted uses on the property, was denied.

The initial conditional license was supposed to expire Dec.31, 2020, if the project wasn’t up and running by then. As Gibbons explained, “On January 4th, 2021, … I was told the licensee would be given 30 days notice and then the cancellation process would commence.”

However, it was never cancelled. As noted in the CVRD staff report on the matter: “In 2022, the applicant applied to the province to amend the above-noted conditional water licence to change the purpose of the water use from ‘industrial (fresh water bottling)’ to ‘waterworks (water sales and water delivery).’”

The CVRD staff report prepared for the meeting recommended that the amended application, which would essentially accept this enterprise as a “home occupation” under OCP bylaws, be accepted: “The activities of bulk water treatment, storage, transport, and sales are permitted on the subject property, under conditions of a Home Occupation which is a permitted accessory use within the subject property’s Rural Eight (RU-8) zone.”

“We can’t live without water”

Gibbons reminded the committee of the recent droughts experienced on Vancouver Island:
• Total rainfall from July 4th to Oct 22nd was 7.8 mm; normal is 155 mm.
• A Stage 4 drought was declared for East Vancouver Island again from mid-September to mid-October 2021, and a Stage 5 drought from mid-October to early November.
• Total rainfall for October was 22.2 mm. The normal is 122.8 mm. October is historically one of our wettest months of the year, so 18% of normal rainfall should be a serious concern.

“Combine these drought statistics with the rapidly and significantly receding Comox Glacier, and water security in the Comox Valley is at risk,” he said.

He wrapped up by imploring the committee to deny the application for the amendment to the original water license, which drew a standing ovation from the audience.

“The CVRD has been transparent, thoughtful, respectful and thorough” in handling this case, which has generated much interest from the public, said CVRD CAO Russell Dyson, after reminding attendees that the CVRD has jurisdiction only to regulate use and development on the surface of land; groundwater extraction and water licensing are a provincial matter.

What is a home occupation?

CVRD senior planner Jodi MacLean explained that the zoning bylaw doesn’t prohibit bulk water treatment, storage, transport, and sales on the subject property if it is designated as a home occupation.

Edwin Grieve stated that “We have an obligation to follow our own zoning,” but questioned why the K’ómoks First Nation had not been consulted on this latest amendment. “I’m very underwhelmed by the [lack of] support we’re getting from our provincial government,” he said, referring both to this matter and the issue of ship-breaking in Royston.

Director Daniel Arbour questioned whether staff were taking too broad a view. If carried to extremes, he wondered, “Could a nuclear facility be considered a home occupation?” under this kind of interpretation.

He was being facetious, but the point was made. He listed a number of activities that are explicitly acceptable on RU-8 properties like MacKenzie and Heynck’s: agricultural use, plant nursery and greenhouse, riding academy, etc. “I see water processing as a much more industrial/commercial kind of activity that has broader impacts,” he commented.

Dyson noted that a home occupation is general in nature, and that the CVRD could get a legal opinion on the matter.

MacKenzie allowed to speak

Toward the end of the discussion, Scott MacKenzie, who was participating remotely, was invited to speak, to the initial displeasure of Gibbons and the audience (MacKenzie had not made an official delegation request).

MacKenzie’s remarks included the words “bias and slander,” “defrauded,” “coercion,” “lynching,” and “outraged,” as well as a demand for Edwin Grieve to recuse himself.

The committee voted unanimously to defer the matter to a future meeting of the EASC to obtain a legal opinion regarding the definition of home occupation and to request the province of BC to come before the committee to explain its role and responsibility regarding water extraction. The EASC directors also want to confirm the position of K’ómoks First Nation on the amendment.

 

 

 

SUBSCRIBE TO OUR NEWSLETTER

Enter your email address to subscribe to the Decafnation newsletter.
More

Comox Valley local government elections ramping up for Oct. 15 vote

Comox Valley voters will elect new councilors, mayors, regional district representatives, school board members and Island Trust reps on Oct. 15. Find out who’s running for what … and why. Decafnation returns to shine more light on local government issues and candidates

Merville water bottling issue returns to the CVRD, highlights provincial water policies

Merville water bottling issue returns to the CVRD, highlights provincial water policies

The Merville issue is about land use but draws attention to outdated provincial water policies

Merville water bottling issue returns to the CVRD, highlights provincial water policies

By

The long-awaited rain finally began to fall on Vancouver Island this week, but it’s the drought that extended from summer through fall that has geologists, water system managers and homeowners who depend on wells worried about our groundwater supplies.

The driest fall in decades shut down the BC Hydro power generator on the Puntledge River for the first time in more than a half-century. Mt. Washington aquifers were so depleted, the resort asked skiers not to bathe and bring their own drinking water.

All around the world, and particularly in the American southwest, water shortages have reached dire levels. And that will ultimately concern Comox Valley residents when California and Mexico can no longer supply us with abundant fruits and vegetables.

If this trend continues – and an irreversible climate change insures that it will – we will need Island farmers to fill that gap, which in turn means a higher demand for groundwater supplies by local agriculture.

What this all adds up to is that water for drinking and growing food are destined to become the center of controversial public policy. Who has access? How will water supplies be rationed equitably?

That debate will take center stage at Monday’s meeting (Jan. 9, 2023) of the Electoral Services Commission when regional directors consider an amended application for a water bottling and distribution operation in Merville.

The Ministry of Forests, Lands, Natural Resource Operations and Rural Development (FLNRORD) – now known as Land Water and Resource Stewardship (LWS) – issued a conditional water license nearly five years ago to Christopher Scott MacKenzie and Reugla Heynck. The license permitted the couple to extract up to 10,000 litres of groundwater per day on their Sackville Road property.

The license required the couple to “make beneficial use of the license” by Dec. 31, 2020. But when the Comox Valley Regional District denied a rezoning application to vary existing land use regulations, it stopped the couple’s original business plan.

Bruce Gibbons, the founder of the Merville Water Guardians that opposes this groundwater extraction, learned last April that LWS had received an application to amend the couple’s water license. The ministry referred the application for an amendment to the Comox Valley Regional District to determine if the amended purpose of the license would now meet existing bylaw and zoning requirements.

Neither the LWS nor the CVRD has disclosed the details of the application for amendment. But sources within the regional district say the issue will be on the agenda for the Jan. 9 Electoral Areas Service Commission (EASC), which would normally be released on Friday, Jan. 6 before the meeting.

Our sources also say that the regional district staff has passed the application to amend the water license on to the K’omoks First Nation and other affected groups, and also that the Merville Water Guardians will make a presentation at the same meeting.

The extent of the regional district’s authority in this issue is limited to its land use regulations. Does the proposed amended use meet current zoning laws? It cannot rule based on the larger issue of protecting groundwater supplies or other universal water issues.

MacKenzie is perfectly within his rights to pursue the use of the water license he was given by the provincial government.

That said, some serious questions should be asked of the LWS ministry why an application to amend his license was accepted and why his license remains valid nearly two years after not complying with the major condition of his original license.

And given the acceleration of climate change causing water crises all over the world, doesn’t it seem prudent, even urgent for our provincial government to put a moratorium on issuing any new groundwater extraction licenses and to suspend the licenses that haven’t been activated?

Knowing the difficult political and ethical discussions looming over provincial water policies, the government must initiate a full-scale review of our approach to water that reflects our new reality. To do otherwise will open a deluge of trouble.

 

There are numerous citizen action groups focused on water, including the Canadian Freshwater Alliance, which has supported the work of the Merville Water Guardians. There is also the Vancouver Island Water Watch Coalition. Here’s a link to some others.

 

 

 

 

 

 

 

 

10 WATER FACTS

Compared to today, five times as much land is likely to be under “extreme drought” by 2050.

Unless measures are taken, California will demand three times more groundwater than can be supplied over the next 100 years.

By 2035, the world’s energy consumption will increase by 35 percent, which in turn will increase water use by 15 percent according to the International Energy Agency.

In 2050 increased population will result in a 19% increase in agricultural water consumption.

Water demand is projected to grow by 55 percent by 2050 (including a 400-percent rise in manufacturing water demand).

According to satellite images, the Colorado River Basin has lost about 65 cubic kilometers (15.6 cubic miles) of water from 2004 to 2013. This is twice the amount stored in Lake Mead.

For decades the Ogallala Aquifer in the United States, one of the world’s largest aquifers, has tapped at rates thousands of times greater than it is being restored.

Over the past 40 years the world’s population has doubled and use of water has quadrupled.

According to the U.S. Intelligence Community Assessment of Global Water Security, by 2030 humanity’s “annual global water requirements” will exceed “current sustainable water supplies” by 40%.

By the year 2040 there will not be enough water in the world to quench the thirst of the world population and keep the current energy and power solutions going if we continue doing what we are doing today.

Source: Seametrics.com

SUBSCRIBE TO OUR NEWSLETTER

Enter your email address to subscribe to the Decafnation newsletter.

More

Comox Valley local government elections ramping up for Oct. 15 vote

Comox Valley voters will elect new councilors, mayors, regional district representatives, school board members and Island Trust reps on Oct. 15. Find out who’s running for what … and why. Decafnation returns to shine more light on local government issues and candidates

The Week: Ken Grant fined by Elections BC and Parksville confronted by development, water issues

The Week: Ken Grant fined by Elections BC and Parksville confronted by development, water issues

The Week: Ken Grant fined by Elections BC and Parksville confronted by development, water issues

By

This week, we learned that another candidate for the Comox Town Council was fined for misdeeds under the Election Act and Local Elections Campaign Financing Act, that Alberta wants to give the finger to Ottawa and Ontario wants to neuter municipal governments and that some people in Parksville are worried about an 800-unit housing development along the Englishman River. That’s a lot of ground to cover, so let’s get started.

Elections BC, the provincial election watchdog, has fined Comox Councillor Ken Grant for using lawn signs that lacked a complete authorization statement. While the violation would not have likely misled readers of the sign and stickers were used to correct the omissions, Director of Investigations Adam Barnes nevertheless spanked Grant for being a careless numbskull.

He didn’t actually say it like that. Here’s what Barnes said, “You have participated in 6 local government elections as a candidate, and should be aware of the election advertising requirements.”

New Councillor Steve Blacklock was fined earlier this year for a violation of the Campaign Financing Act during his unsuccessful run in the town’s byelection last year.

Neither councillor committed a major crime, but the public expects their council members to pay attention to the rules and details. A similar approach to council business could result in woefully wrong decision-making or expose taxpayers to unnecessary financial liabilities.

After reading our comment about record low water levels in the Puntledge River, a representative of the Greig Greenway Society in Parksville contacted us about similar concerns for the Englishman River.

Waterfront Properties, a bare trustee for the PCI Group, a Vancouver developer, wants to build an 800-unit subdivision on 140 acres of forested land along the river and within a fragile ecosystem. The land at 1465 Greig Road is part of the Coastal Douglas Fir ecosystem and borders on the salmon-bearing Englishman River.

At first glance, this sounds a lot like the subdivision proposed by 3L Developments for the triangle of land between the Puntledge and Browns rivers in the Comox Valley. And, in fact, urban sprawl is one similar concern of the Parksville society because grocery stores, schools and other services are more than three kilometers away from where the housing would be built.

But the preponderance of issues in Parksville are different and mostly relate to the city’s low water supply in Arrowsmith Lake and its inability even now to meet the provincial requirements for water levels in the river necessary to sustain salmon habitat.

A retired Nanaimo Regional District engineer has told the Parksville council that the city hasn’t been able to meet the provincial water flow target during the summer months since the Arrowsmith Lake dam opened in 1999.

The society worries that the additional 56 million liters of water necessary to serve 800 new households during the dry months of June through October would stress the city’s drinking water supply and the river’s marine life to unsustainable levels. Further, because the trees, shrubs and grasses that cover the Greig property now capture rainwater and filter it through the soil to the Englishman River aquifer, clearing the land and replacing nature with concrete curbs and gutters would rob even more water for household use.

The society has also pointed out to the city council that the development is proposed for a floodplain, fragments a wildlife corridor and, while the development is primarily a mixture of multi-family housing, it does not include affordable housing below market rates.

A key question for the Parksville council is that if the city’s water supply isn’t sufficient to meet current provincial regulations, how will it provide water for such a large development? Will they need to dam additional lakes? Impose California-style water restrictions during the summer months?

We don’t usually report on issues outside the Comox Valley, but water supply problems are on a non-stop train headed toward every BC community – indeed, everywhere around the world.

BOO – Alberta Premier Danielle Smith wants to unfriend the rest of Canada but retain the benefits. The province’s new sovereignty legislation would allow Smith and her cabinet to choose what federal rules and regulations to follow and ignore the rest. Oh, she still wants Alberta’s share of every Canadian’s federal income taxes, but when Ottawa slows her party’s imposition of the conservative agenda, she will instruct provincial entities, like Crown Corporations, to break those federal laws. Sounds like a dictatorship. Sounds unconstitutional.

BOO – Ontario Premier Doug Ford has implemented his own coup to overthrow democratically elected local governments. The province plans to dictate permitted land uses, densities and building heights to municipal governments, in effect taking over local zoning and removing municipal authority over its planning process. Imagine if Victoria issued permits for 14-story condo buildings in the Comox Valley and disregarded the wishes of local residents. Couldn’t happen in BC … could it?

YAY — At least we don’t live in Indonesia where the government has adopted a new criminal code banning sexual relations except within marriage and prohibitions against insulting the president or the national identity. All the new crimes carry mandatory prison sentences. You might want to cancel that trip to Bali. 

Thought du jour
“A community is like a ship; everyone ought to be prepared to take the helm.”
– Henrik Ibsen

 

 

 

 

SUBSCRIBE TO OUR NEWSLETTER

Enter your email address to subscribe to the Decafnation newsletter.

More
Courtenay Council announces its regional district line-up and other appointments

Courtenay Council announces its regional district line-up and other appointments

Photo Caption

Courtenay Council announces its regional district line-up and other appointments

By

Courtenay Council has approved its line-up of councillors to represent the city at the Comox Valley Regional District and other regional boards.

The announcement was made today, Nov. 10, although normally council would have voted on the annual appointments at its inaugural meeting, which was held on Nov. 7. A special meeting was held Tuesday, Nov. 8, to vote on the appointments.

You can find the complete list of Courtenay Council appointments here.

Appointed to the CVRD Board of Directors with five votes each are Councillors Melanie McCollum, Wendy Morin, Will Cole-Hamilton and, with four votes, Doug Hillian. Mayor Bob Wells and councillors Evan Jolicoeur and David Frisch are alternates.

Councillors Hillian, Morin, Coe-Hamilton and Jolicoeur were appointed to the Comox Strathcona Regional Hospital Board, with McCollum, Frisch and Wells as alternates.

Councillors Cole-Hamilton, McCollum, Morin and Mayor Wells will serve on the Comox Strathcona Solid Waste Management Board, with Hillian, Jolicoeur and Frisch as alternates.

The CVRD board meets next week and will elect a chair and vice-chair. Jesse Ketler, of Cumberland, is the current chair, and Area B Director Arzeena Hamir is the current vice-chair. Hamir was defeated in the Oct. 15 elections.

 

 

 

SUBSCRIBE TO OUR NEWSLETTER

Enter your email address to subscribe to the Decafnation newsletter.
More

Comox Valley local government elections ramping up for Oct. 15 vote

Comox Valley voters will elect new councilors, mayors, regional district representatives, school board members and Island Trust reps on Oct. 15. Find out who’s running for what … and why. Decafnation returns to shine more light on local government issues and candidates

The Week: Comox, Cumberland appointments pass, but no word on Courtenay … yet

The Week: Comox, Cumberland appointments pass, but no word on Courtenay … yet

Photo Caption

The Week: Comox, Cumberland appointments pass, but no word on Courtenay … yet

By

Sometimes, it’s good to be wrong. Last week, Decafnation predicted that the conservative, pro-development majority on the Comox Council would override Mayor Nicole Minions’ recommendation to appoint re-elected Councillor Dr. Jonathan Kerr to one of the town’s two regional board seats.

And so it appeared, right up until the start of the meeting that the Ken Grant alliance was going to spoil the new mayor’s first official act. But they did not. Instead, they voted in favor of all her regional board and other council appointments.

Grant’s Group might have weighed the risks of wielding their power too soon, especially with about 20 of Kerr’s poll-topping supporters packed into the council chambers. And then there was the negative optics of taking on a first-time, second-ever woman mayor on her first day on the job to consider.

But whatever the group’s true motives were, letting the mayor pick her team was the right thing to do.

We said in our commentary last week that this vote would reveal something about the new council. Is it too much to hope that we’ll have a collaborative local government in Comox this term?

In his inaugural address last night, Courtenay Mayor Bob Wells noted the city’s voters had expressed their approval of the last council’s progress over their four years in office and that public expectations would be even higher for the new and mostly renewed council.

It was especially important, we think, that Wells also recognized that the role of municipal governments has shifted beyond land use, water and sewer, roads and parks and recreation. He said local governments today must also address other issues such as mental health, addiction and affordable housing.

But Wells did not recommend any council appointments to boards and committees because, we are told, some councillors want further discussions with the mayor about their next year’s role. Perhaps more than four councillors want the regional district appointments and Wells doesn’t want to create conflict by letting the seat assignments go to a vote in a public meeting.

But the regional district’s inaugural meeting is next Tuesday, so expect something to get settled before then.

In Cumberland, the Village Council approved new Mayor Vickey Brown’s appointments last night.

Councillor Jesse Ketler was re-appointed to the village’s one regional board seat, Councillor Sean Sullivan will serve as her alternate. Ketler has chaired the Comox Valley Regional District board for the last few years.

Ketler will also serve as the village’s primary representative on the Comox Valley Recreation Commission, while Sullivan will serve on the Comox Strathcona Regional Hospital District Board and the Comox Strathcona Waste Management Board.

Mayor Brown will take on the Comox Valley Regional District Parks and Trails Committee assignment with new Councillor Troy Therrien serving as her alternate.

You can see Mayor Brown’s full appointment list here.

YAY – To Gladstone Brewing Company for taking top honors at the recent annual BC Beer Awards held in Vancouver. They were named the 2022 Brewery of the Year. They also won four gold awards and one silver for individual types of beers.

YAY – For getting down to the home stretch toward construction of the new Sewer Conveyance Project, which is still on schedule to begin next spring. The CVRD engineering group held its first session in this last round of public information events yesterday at the Little Red Church in Comox. There’s another one there at 4 pm on Thursday of this week, Nov. 10, and a final session at 4.30 pm next Thursday, Nov. 17 at the CVRD offices in Courtenay. There is also a Webinar on Monday, Nov. 14.

BOO – It looks like a rough winter, and we’re not talking about the weather. According to U. S. public health officials, people should brace for a “tripledemic” this year of a resurgence of Covid, influenza and respiratory syncytial virus. We’re buying a new supply of face masks.

 

 

 

SUBSCRIBE TO OUR NEWSLETTER

Enter your email address to subscribe to the Decafnation newsletter.
More

No fireworks as Comox Council approves mayors’ appointments

No fireworks as Comox Council approves mayors’ appointments

Nicole Minions was sworn in as the Town of Comox’s 11th mayor since 1946 and the second woman to hold the position

No fireworks as Comox Council approves mayors’ appointments

By

An anticipated disagreement among Comox Town Council members over appointments to the Comox Valley Regional District board gave way last night to lovey-dovey unanimity. 

After councillors and new Comox Mayor Nicole Minions were sworn in at the Nov. 2 inaugural council meeting, Minions delivered her inaugural address in which she asked for “respectful conversations” around the table and said that she has faith the new council will collaborate to put the “community first.”

Then the six-member council voted on Minion’s six appointments to the regional district board. And all were approved unanimously.

Ken Grant and Jonathan Kerr were appointed to the Comox Valley Regional District Board and the Comox Valley Recreation Commission, the Comox-Strathcona Waste Management Board and Comox-Strathcona Regional Hospital Board, with Maureen Swift and Nicole Minions as alternates.

Ken Grant, Jonathan Kerr and Maureen Swift were appointed to the Comox Valley Sewage Commission, with Jenn Meilleur, Steve Blacklock and Chris Haslett as alternates.

To the Comox Valley Water Committee, Ken Grant was appointed with 2 voting units and Jonathan Kerr with 1 voting unit, with Nicole Minions and Maureen Swift as respective alternates.

Jenn Meilleur and Ken Grant were appointed to the Comox Valley Regional Parks and Trails Committee, with Jonathan Kerr and Maureen Swift as alternates.

Minions also made other non-regional district appointments.

 

SUBSCRIBE TO OUR NEWSLETTER

Enter your email address to subscribe to the Decafnation newsletter.

More

Comox Valley local government elections ramping up for Oct. 15 vote

Comox Valley voters will elect new councilors, mayors, regional district representatives, school board members and Island Trust reps on Oct. 15. Find out who’s running for what … and why. Decafnation returns to shine more light on local government issues and candidates