Court decision prompts regional district to throw flood mitigation back at province

Court decision prompts regional district to throw flood mitigation back at province

Public safety minister maintains Newsome Creek concerns in hands of local government

A recent lawsuit involving the District of Sicamous further’s the Columbia Shuswap Regional District’s argument that the province should be responsible for funding and conducting works to mitigate erosion along the banks of Newsome Creek.

A handful of properties are threatened by eroding creek banks caused by the stream changing its course during the heavy freshets of 2017 and 2018. The creek runs through the community of Sorrento and the most seriously at risk properties are along Caen Road.

Since 2017, the Columbia Shuswap Regional District has made several requests to the provincial government hoping for help with stabilizing the creek walls. Provincial staff have stressed that it is the local government’s responsibility to seek funding for mitigation work through Emergency Management B.C. (EMBC) and other programs.

Read More: Shuswap trails benefit from $100,000 grant

Read More: Waterway Houseboats wins $2 million for damages caused in 2012 flood

Replying to a March 28 letter from CSRD chair Rhona Martin, Mike Farnworth, B.C.’s Minister of Public Safety and Solicitor General, stated the Newsome Creek situation is unfortunate, but provincial legislation places flood hazard management, including erosion along streams, in the hands of local governments and that local governments are responsible for applying for funding to mitigate the hazard. He also states individuals have a responsibility to protect their properties.

Farnworth’s letter states the EMBC had remained engaged on the issue of erosion at Newsome Creek, providing funding for regular monitoring of the erosion and that the Ministry of Transportation and Infrastructure plans to replace six culverts along Newsome Creek before the spring of 2020.

The response to the ministry from the CSRD referenced a recent court decision which found the District of Sicamous partially liable after flood mitigation work they participated in that contributed to a subsequent flood severely damaging a businesses’ property.

Read More: Reasons why Salmon Arm officers cleared in shooting explained

Read More: New bylaw: No panhandling allowed within 15 metres of some businesses

In his letter to the ministry, the CSRD’s chief administration officer Charles Hamilton used the court case as an example of why local governments are uneasy about stepping into matters of flood mitigation. Hamilton quoted from the judges ruling in the Sicamous court case stating:

“The water act is strict. The province has complete control over the use of water and over any changes to streams, stream beds or bridges spanning streams. That authority is granted to the province for good reason.”

In his reply to the ministry, Hamilton questioned whether the regional district has the authority to levy a tax collecting the necessary funds in order to undertake erosion mitigation work. He also raised questions of fairness about the regional district spending public funds protecting a small area.


@SalmonArm
jim.elliot@saobserver.net

Like us on Facebook and follow us on Twitter

Just Posted

(Facebook/Kelowna Cabs)
Kelowna Cabs reaches tentative agreement with dispatchers union

The tentative agreement could help end the dispute between the taxi company and the dispatchers

sdaf
Lake Country home destroyed in large blaze, 11 dogs rescued

Fire crews are responding to 10839 Hallam Drive

Festivals Kelowna president Richard Groves and executive director Renata Mills wrap themselves in the flag during the announcement of preparations for the 2018 Canada Day festival. (Alistair Waters/Capital News)
Festivals Kelowna cancels Canada Day celebrations for second year in a row

The group cited logistic issues in their announcement

Central Okanagan Public Schools is assisting with the distribution of a donation of $500 to every Grade 12 graduating student in the school district. (File photo)
Central Okanagan Grade 12 grads get $500 surprise

Anonymous donor gifts $500 to every Grade 12 student

A vehicle was fully engulfed in flames before around 11:10 p.m. Wednesday, June 16, 2021. (Kerry Hutter - contributed)
UPDATE: Kelowna man cuffed after carjacking in Vernon

Crime spree: Man robs couple at Coldstream lookout at gunpoint, sets a vehicle ablaze

Bear wanders Kelowna on June 15. (Michelle Wallace/Facebook)
Bear climbs fence, uses crosswalk in Kelowna

The bear was spotted on Baron Road Wednesday evening

Jeanette Megens
KCR: Volunteering is sharing your story

Kelowna Community Resources shares stories of its volunteers in a weekly column

This photo of the small wildfire burning above Naramata was taken at 8 p.m. on Thursday, June 17, 2021 (Monique Tamminga Western News)
BC Wildfire on scene of small wildfire above Naramata

Smoke has been showing since earlier in the day

Students in the Grade 10 entrepreneurship program at Summerland Unisus School have completed a cookbook with international recipes. (Contributed)
Summerland students create virtual international cookbook

Entrepreneurship program at Summerland Unisus School uses virtual cookbook as fundraiser

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Hundreds of people, young and old, joined the three-day Walking Our Spirits Home procession, honouring residential school survivors, those who never made it home and all those affected by the institutions. Here people walk the third portion on June 13. (Martha Wickett - Salmon Arm Observer)
Walking Our Spirits Home from Kamloops provides path to healing

First Nations in and beyond Secwépemc territory join in to honour residential school survivors

FILE – A science class at L.A. Matheson Secondary in Surrey, B.C. on March 12, 2021. (Lauren Collins/Surrey Now Leader)
Teachers’ union wants more COVID transmission data as B.C. prepares for back-to-school

BCTF says that details will be important as province works on plan for September

201 First Street West 1980s. Prior revitalization. (Photo from Revelstoke Museum and Archives)
Man who redesigned downtown Revelstoke honoured with lifetime achievement award

Robert Inwood has worked on historical projects across the province

Provincial health officer Dr. Bonnie Henry outlines B.C.’s COVID-19 restart plan, May 25, 2021, including larger gatherings and a possible easing of mandatory masks on July 1. (B.C. government photo)
B.C. records 120 new COVID-19 cases, second vaccines accelerating

Lower Pfizer deliveries for early July, Moderna shipments up

Most Read