A Manitoba farmer who drained water from his land without a provincial licence was cleared of wrongdoing last week.
The Manitoba Court of Appeal ruled that the authority to regulate drainage lies with municipalities.
The decision overturned Ray Hildebrandt’s conviction last summer under the province’s Water Rights Act.
Hildebrandt, a grain producer from Ninga, Man., was first charged under the act in 1997 after re-opening a drain that the province had ordered closed.
It was the start of a lengthy legal process that eventually led to the Court of Appeal.
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At issue was who had jurisdiction over drainage – the province or municipalities.
The Court of Appeal was concise in its ruling last week.
“If the body of water has been designated a provincial waterway, then the jurisdiction to regulate the use of the water remains within the provincial authority,” wrote Justice Bonnie Helper in the judgment delivered March 16.
“If the body of water is not a provincial waterway, then the authority to regulate drainage lies with the municipality.”
The Crown had argued that the Water Rights Act gave the province an overriding authority over land drainage.
Hildebrandt’s lawyer, Michael Waldron, insisted that the Municipal Act gives authority to municipalities.
Hildebrandt was elated by the court decision last week. He expects it will mark the end of his legal battle with the province.
“It’s a big load off my mind,” he said.
“I’m hoping the municipalities now will have a clear mandate to make decisions for the people who elected them.”
The Association of Manitoba Municipalities was less enthused by the ruling last week.
The AMM believes the province should have responsibility for drainage, said the association’s executive director Jerome Mauws.
The latest court ruling may prompt a call for new legislation that restores the provincial authority.
“We will be talking with the province and seeing where we go from here,” Mauws said.
The AMM and Manitoba Conservation have a meeting scheduled for March 24 to discuss drainage. Last week’s ruling will be included in those discussions.
