Manitoba’s department of natural resources has launched its appeal of a provincial court ruling that suggests drainage belongs under municipal jurisdiction.
The appeal stems from the case of Ray Hildebrandt, who farms near Ninga, Man. Hildebrandt was taken to court for diverting water from his land without a provincial licence.
In January, a provincial court judge dismissed the charges against Hildebrandt. Judge Brian Giesbrecht ruled that Hildebrandt’s drainage project was a municipal matter, not a provincial one.
A court date for the appeal has not been set, said Bob Wooley, regional director of natural resources, in a March 5 interview.
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Natural resources believes the judge’s ruling could set a precedent for the province. The department felt compelled to appeal because it sees a role for itself in drainage control.
Since Giesbrecht handed down his ruling, natural resources has not shied away from its involvement in drainage.
However, the department said it would be more cautious in its handling of unlicensed drainage until the appeal is heard.
“I guess we can’t just sit back and say we’re not going to be in that business,” said Darwin Donachuk, water policy co-ordinator for the department’s water resources branch.
The province recently undertook a land drainage review. Part of that included workshops allowing farmers and other concerned parties to speak about the issue.
Major concern
The review showed that uncontrolled drainage is one of the biggest concerns among those surveyed. That supports natural resources’ ongoing efforts to better control drainage, Donachuk said.
“We know we weren’t out there all alone without support.”
The Association of Manitoba Municipalities also supports the department’s involvement in drainage control.
In the association’s opinion, the issuance of drainage licences remains a provincial responsibility. Farmers who drain land without a licence are breaking the law, said AMM executive director Jerome Mauws.
“Whenever we go and discuss this in the province, the different areas have different types of problems. But the biggest problem is the failure of people to apply for licences from natural resources.”
