Ministry of Environment - Water Stewardship Division

Water Act, Section 8
“Short Term Use of Water ”

In British Columbia, ownership of water and most streambeds is vested in the Crown (Province). The primary provincial statute regulating water resources is the Water Act. Section 8 of the Water Act regulates ‘short term use of water’. Anyone contemplating the diversion or use of water must be familiar with Section 8 of the Water Act .

The Water Act, provides the following definitions:

“Stream” - “includes a natural watercourse or source of water supply, whether usually containing water or not, ground water, and a lake, river, creek, spring, ravine, swamp and gulch”
“Divert”, or a similar import – taking water from a stream and includes causing water to leave the channel of a stream and making a change in or about the channel that permits water to leave it.

In order to carry out any short term use of water you must have the Water Act, Section 8 Approval from the Ministry of Environment Water Stewardship Division (WSD) Comptroller, Deputy Comptroller, Regional Water Manager or designate.

The Act and Regulation specify requirements that assure that short term use of water does not compromise water quality, fish and wildlife habitat and the rights of other water users.

In addition to the above, you may also require additional authorizations from other agencies, for example Fisheries and Oceans Canada, under the Federal Fisheries Act and Navigable Waters Protection Act .

The information on this web page is provided to assist you in determining what type of authority is required for you to carry out your proposed activity legally, and how to submit the appropriate information to the correct agency. Links are provided to documents that provide guidance and advice on how to plan and carry out your proposed changes with minimal or no impact on the environment or other water users.

Approval Application and Notification Form

Please read the following before proceeding with the Approval application or notification:

Complete Application Package for Single Sites

This application package contains the approval application if you are proposing short term use at a single site.

The form can be completed electronically in Adobe Acrobat and saved to your hard drive for subsequent editing and printing or may be printed and completed by hand, then faxed or mailed to the appropriate regional office, or you may save the MSWord version on your computer, complete the form, and mail it to the appropriate regional office.

Complete Application for Single Sites [pdf]

Complete Application for Single Sites [word]

Complete Application Package for Multiple Sites

This application package contains the approval application if you are proposing short term use for multiple sites.

The form can be completed electronically in Adobe Acrobat and saved to your hard drive for subsequent editing and printing or may be printed and completed by hand, then faxed or mailed to the appropriate regional office, or you may save the MSWord version on your computer, complete the form, and mail it to the appropriate regional office.

Complete Application for Multiple Sites [pdf]

Complete Application for Multiple Sites [word]

Additional Resources

Fisheries and Oceans Canada. Including the brochure “Complying with the Fisheries Act” and other relevant information regarding fish habitat protection.

Note:
DFO is developing a review process, similar to Water Act notifications, for activities that have a low risk to fish habitat. As part of this new approach, DFO will provide upfront guidance on mitigation measures required to avoid a harmful alteration, disruption or destruction of fish habitat (HADD). For these activities you will not require a DFO review or authorization provided that the standard mitigation measures are followed. For works that may result in a HADD, you will still require an authorization from DFO. For further information regarding this review process check this web site in the near future or contact your local DFO office.