Groundwater Protection
Subject: [WV-Updates] [DPWGgreen] Fwd: News Release - Court Rules in Favour
of GABP - Groundwater Protected
For Immediate Release, November 21, 2002
Ontario Court Protects Groundwater
Ruling affirms municipal control over water, province not the final
authority
Toronto - A group of residents in Grey County, Ontario has won an important
victory in a lengthy battle to protect their groundwater. The ruling from
the Ontario Superior Court of Justice, released today, affirms municipal
authority over the use of water, and clarifies that the Ministry of the
Environment does not have full control over how water is used in the
province.
"This a significant victory for groundwater protection that puts public
interest ahead of profit," said Burkhard Mausberg, Executive Director of
Environmental Defence Canada, a national environmental organization
supporting the local group's efforts.
Artemesia Waters Ltd., a large water bottling company, wants to build a
water storage plant on agricultural land in Artemesia Township (now the
municipality of Grey Highlands), south of Owen Sound. The plant would allow
almost 500,000 litres of water per day to be taken from the area, putting
at risk a nearby provincially significant wetland and a fish stream. The
local official plan and zoning by-law do not allow the land to be used for
commercial water taking, storage or loading.
Despite the local zoning by-law, the Ministry of the Environment gave the
company permission in 1999 to take groundwater, up to 176 million litres
per year. The following year, Artemesia Waters asked the County and
Township to change its by-law to allow the company to extract and load
water onto transport trucks. The company's request was turned down, and it
appealed to the Ontario Municipal Board which eventually ruled in Artemesia
Waters' favour.
A local group, The Grey Association for Better Planning, appealed the
Ontario Municipal Board decision to Divisional Court at the Ontario
Superior Court of Justice, arguing the Board failed to consider water
taking as a land use in making its decision. The court agreed, stating: "In
deciding that the taking of water was not a use of land and in confining
the subsequent hearing to issues relating to the storage and loading of
water, the Board was refusing to consider an essential, if not the most
essential, aspect of the appeal before it."
The court has ordered the Ontario Municipal Board to carry out a new
hearing that will look at the taking of groundwater as a land use.
"It's a great decision that will help municipalities and groups like ours
across Ontario preserve their water," said Peggy Hutchison, spokesperson
for the Grey Association for Better Planning. "This is also a victory for
citizens groups working alongside their municipalities."
"This ruling clarifies the way the Ontario Municipal Board should be
dealing with environmental issues even where other governments have made
decisions," said Rodney Northey, Birchall Northey, legal counsel for the
group.
The Grey Association for Better Planning will hold a news conference on
Thursday, November 21, 2002 to discuss the implications of the case, and
the next steps. Please join the group's president, Anna Scott, at 3:30 p.m.
at Steven's Restaurant in Markdale, Ontario.
About Environmental Defence Canada
Founded in 1984, Environmental Defence Canada
(<http://www.edcanada.org/>www.edcanada<http://www.edcanada.org/>.org)
gives Canadians the tools and knowledge they need to protect and improve
the environment and their health. Environmental Defence Canada was
previously known as the Canadian Environmental Defence Fund.
About Grey Association for Better Planning
The Grey Association for Better Planning (GABP) supports the opinion of
local governments and citizens that they can protect their natural
resources for present and future use through their land use plans.
Incorporated in 1990, GABP promotes good land use planning in Grey County
and its municipalities. GABP works with the province, the county,
municipalities and local associations to develop consensus on a vision for
the future economic and environmental health of the county.
- 30 -
For more information, please contact:
Rod Northey, Birchall Northey, 416-860-1412
Peggy Hutchison, Grey Association for Better Planning, 519-922-2033, cell
705-441-3944,
<mailto:our_water_works@hotmail.com>our_water_works@hotmail<mailto:our_water
_works@hotmail.com>.com
Anna Scott, Grey Association for Better Planning, 519-794-3259
Jennifer Foulds, Environmental Defence Canada, 416-323-9521
Please note: A copy of the decision is available upon request
Anthony Ekeanyanwu
Communications Officer
Environmental Defence Canada
615 Yonge Street Suite 500
Toronto ON M4Y 1Z5
TEL: 416-323-9521
FAX: 416-323-9301
EMAIL:
<mailto:anthony@edcanada.org>anthony@edcanada<mailto:anthony@edcanada.org>.o
rg
www.edcanada.org
Toronto Star Report Nov 23 2002 related to Ground Water Protection