Environmental Appeal Board Decision
93/09 A. Juthens et al. v. Deputy Comptroller of Water Rights et al.
In 1988 Ron Williams was granted two conditional water licenses which allowed him to use water from
Morehead Lake for irrigation and residential power needs. The permits allowed him to build a dam, raising
the level of the lake by 24 inches. In 1990 Mr. Williams applied for a third conditional water license to allow
him to build and operate a hydroelectric project on the lake. In addition, the original licenses were replaced
with two licenses covering the same water rights, but authorising the use of the water for the hydroelectric
project. The Appellants owned land near Morehead Lake and appealed all three licenses.
Because appeals under the Water Act must be filed within 30 days after the original decision is made, the
Board could not consider Mr. Williamís right to store water and raise the level of the lake ñ rights which
were granted in 1988. However, the amendments to the licences, and the new license allowing a
hydro-electric project, were closely examined.
The Board found that Mr. Williams followed the correct procedure in applying for his new licences. The
Board also found that many of the Appellantsí concerns could be dealt with by an Operation and
Maintenance Plan, which would have to be approved by the Comptroller of Water Rights. These Appellants
were worried about the impact on the environment, the fluctuation in the lakeís water level and the effect on
existing licenses. The Board ordered that an interim operation plan be shown to a representative of the Fish
and Wildlife Branch before it was authorised. The appeal was dismissed.
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