DATE ISSUED: March 29, 2023 (Updated April 18, 2023)

EFFECTIVE DATE: April 1, 2023

Water is an important cultural resource for First Nations in British Columbia and its management is a key part of the agreements signed between Treaty 8 First Nations and the Government of British Columbia (Province) in January 2023 that will guide a joint approach to land, water and resource stewardship.

This update provides information on one initiative underway in Treaty 8 territory between the Blueberry River First Nations (BRFN) and the Province to collaboratively develop a new framework for water management. The intent is to best ensure that industrial water use does not adversely impact the proper functioning of aquatic ecosystems of streams.

This new “Environmental Flow Needs (EFN) Framework for Water Management” is described in full in Schedule P (pages 154-162) of the Blueberry River First Nations Implementation Agreement (Agreement). Central to the new framework is the development of a new method to calculate the environmental flow needs of streams (i.e., the volume and timing of water flow required for the proper functioning of the aquatic ecosystem of a stream) that will be used in the assessment of water use authorization applications by the Province. Other features of the new framework include improved hydrometric monitoring and the proposal of a regulation (for decision by Cabinet) to implement administrative monetary penalties for non-compliance. The parties agreed to pilot this new water management approach in the review and granting of applications for water use authorizations within the basins of the Blueberry River, the Upper Beatton River, and the Lower Sikanni Chief River (see Figure 1, below).

Development and implementation of this new framework will occur in three phases:

• Interim phase, starting on April 1, 2023, during which a Water Allocation Tool (WAT) will be created, incorporating the new EFN policy, to serve as a stand-alone decision-support tool for assessing water use authorization applications. During this phase, an interim EFN calculation approach will be considered in decision making (see page 156 of the Agreement).
• Pilot phase, starting once the WAT is available for use (scheduled for October 2023).
• Permanent phase, starting after review of the pilot phase results and incorporating any recommended adjustments to the pilot approach and WAT.

(Update) Interim guidance documentation is now available on our website.

The BC Energy Regulator is committed to working with all First Nations in making ongoing improvements to water management while respecting treaty rights and cultural practices. This new approach to updated EFN considerations in these watersheds is part of this ongoing effort.

If you have any questions regarding this Information Update, please contact:

Ryan Rolick
Hydrologist
BC Energy Regulator
Ryan.Rolick@bc-er.ca
250-794-5213­