Manitoba’s natural resources department does not view a recent court decision as binding, but an official says it will be more cautious about how to handle drainage issues in the province.
A provincial court judge ruled last month that the question of land drainage falls under the municipal act rather than the provincial water rights act. Judge Brian Giesbrecht suggested that drainage issues should be dealt with by municipalities rather than the province.
A regional director for natural resources said the department will continue to enforce the water rights act in a bid to improve control drainage. However, Bob Wooley said the department will be more cautious about how it enforces the act.
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“We’re respectful of the judge’s decision and we will guide ourselves accordingly for the next short while,” said Wooley.
“We’re not abandoning the field entirely. We’ll still be there.”
The judge made his ruling last month after hearing the case against Ray Hildebrandt, a farmer near Ninga, Man., who drained his land without a permit from the department. It was the first such charge ever brought against a farmer by natural resources.
When interviewed Feb. 22, judge Giesbrecht offered no clarification about what his ruling implies for drainage control in Manitoba.
The department believes the ruling could set a precedent in the province and will launch an appeal, said Wooley.
“This has, potentially, major implications for the department and the way it involves itself with drainage.”
Wooley rejected Hildebrandt’s suggestion that the department is working in a heavy-handed manner to control drainage. And he took exception to any notion that part of the government’s agenda is to turn agricultural land into duck habitat.
Wooley said farmers, municipalities and the province all need a say in land drainage.
“The main objective is to try to manage water as opposed to getting it off your land as quick as possible and possibly causing harm downstream.”
The ruling raises the question of whether municipalities in Manitoba want more say in local drainage issues. Wooley said the sentiment among municipalities is mixed. More than 70 municipalities fall within the region that he oversees.
“In many cases it’s the municipal infrastructure that’s affected most by indiscriminate drainage. They also have close ties with farmers in the area.
“I think there’s room for both of us as long as we’re working together. I have every expectation that that’s going to happen.”
