The Ministry of Environment has responded to the latest amendments to the Sunshine Coast Regional District (SCRD) application for changes to its park use permit to expand the Chapman Lake water system.
The SCRD has been hoping to begin work this year on deepening the outlet from the lake, which is within Tetrahedron Provincial Park, to allow it to draw down an additional five metres during extreme drought conditions.
A March 6 letter from Jennie Aikman, BC Parks’ regional director for the south coast, said, “BC Parks has conducted further legal review and identified a legal risk with issuance of a park use permit as the rights for water under the Water Sustainability Act are new rights and therefore not considered grandfathered under Section 30(3) of the Park Act which allows for continuation of rights that pre-existed establishment of a park under Schedule D of the Park Act.
“As a result, BC Parks has determined we will need to pursue either a park boundary modification or a redesignation of the park area before a decision on the permit amendment application can be made.”
West Coast Environmental Law, working on behalf of the Sunshine Coast Conservation Association, offered opinions in August and November of 2016 that the SCRD’s proposed Chapman Lake Expansion might be illegal under the Parks Act.
The letter from BC Parks goes on to say that, “consistent with the management plan, BC Parks will be reviewing options that will enable BC Parks to authorize the SCRD to maintain the community water supply. A park boundary amendment or using a different designation for the park area both require an Act of the Legislature. The process will also involve consultation with the public and First Nations, and BC Parks will work with the SCRD through this process.”
It’s not clear if that would lead to a significant delay in the SCRD’s timeline for the $5-million project. A request for proposals from companies interested in doing the work closed Dec. 9, but the SCRD has not announced a winning company.
Aikman’s letter also states the province expected to have more information for the SCRD by March 17. That information has not yet been released.
SCRD directors were scheduled to discuss the letter at their March 23 corporate and administrative services committee meeting, after Coast Reporter’s deadline.
