by Randy Christensen
For the past several years, there has been a multitude of discussion papers, extensive public consultations and big speeches from the BC government on the effort to “modernize” BC’s Water Act. It’s the law that governs who gets to use water, for what, when, where and who gets priority when there’s not enough to go around.
Everyone agrees the system is broken; it’s only a question of what to do about it.
All of the public statements from June 2008 until December 2010 were unambiguous in promising strong legal protections for environmental flows and revisiting the antiquated and highly problematic “first in time, first in right system.” More importantly, the BC government de-emphasized the potential adoption of “market reforms” such as “water rights trading” that has devastated communities around the globe.
But what was a well intentioned and well managed process seems to have fallen victim to BC’s current political turmoil. In late December, the BC government posted the “proposed framework” for new water laws that introduces water rights trading (section 5). Troublingly, the strong legal protections for environmental flows have been downgraded to guidelines that merely have to be “considered” when someone wants to take water from a stream (section 1).
In the current leadership vacuum, those managing the process have become politically risk adverse and are simply defaulting to the blueprints of conservative governments around the world. This approach downplays the need for good governance and views markets as a solution that solves any and all problems.
To understand what the BC government is proposing, think of the current water use system as a bike share. Ultimately it’s a community-owned resource that people (or companies) sometimes use for their own private purposes. And, like a bike share, the water use is supposed to be time limited and one is supposed to leave the water so that others can use it in the future. You’re definitely not allowed to take the bike and sell it in the back alley!
What the BC government is proposing is that at some point in the near future, everyone who happens to be using a bike now owns the bike (and they didn’t even have to buy it – it’s just a gift from government). Going forward, anyone who wants to use a bike will have to buy it or rent it from these now new owners.
Sounds like a pretty sweet deal for the fortunate few who happen to have water rights – primarily electricity generators (including Independent Power Producers), oil and gas companies, mining companies and agriculture.
It’s not that there isn’t a potential role for using economic instruments as part of water management. But there’s a big difference between using economic instruments as a policy tool and abdicating management to market forces. Many economic instruments – such as full cost accounting, conservation oriented pricing, water rentals that incorporate a reasonable return to the public for public resources – could be valuable and of real benefit. It’s even debatable that, if BC had protections for the environment and the public interest in place, a limited water rights trading system could be implemented, but BC has a lot of work to do before it even entertains that discussion.
But I guess it’s really no surprise that in the end BC’s Water Act “modernization” is just another initiative that pays lip service to protecting the environment and the public interest while delivering the goods to the large corporate interests that have long dominated the province.
What’s most dangerous about this proposal is that it will privatize water in a way that becomes effectively irreversible. Right now, one gets a “licence” to use water that the government may alter or revoke without, generally speaking, having to pay compensation. However, once the licence to use a public resource is converted into a tradable economic right, that is held and may be sold, any changes to the system that affect that right will undoubtedly spur lawsuits against the government.
If this proposal goes forward, you can pretty much write off any chance of ever meaningfully recognizing a human right to water or a public trust over water.
This will all come to pass unless the public convinces the BC government not to pursue this misguided course of action. The new deadline for the public to get involved is March 14. Take action at http://blog.gov.bc.ca/livingwatersmart/
This piece originally appeared on the Vancouver Observer blog, January 26. Written by Randy Christensen. Reprinted with permission from ecojustice.ca (formerly Sierra Legal Defence Fund.) For the rest of the series, check outecojustice.ca
Photo © Howardgrill