A market gardener can put off dismantling his dam for now, pending an appeal this fall.
Berny Wiens was ordered by the Saskatchewan Watershed Authority to create by July 10 a three-metre wide hole in the second of two dams on his irrigated farm at Herschel, Sask., to maintain water flows to neighbouring farms.
The watershed authority has delayed its order, pending the appeal’s outcome.
The main dam, built in 1935 by the Prairie Farm Rehabilitation Administration and approved for irrigation in 1970, received approval to continue operating. The authority ruled it did not affect water flowing downstream.
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In his appeal, Wiens called the original decision an “unnecessarily extreme measure.” He argued that the dam does not divert water from its natural course and does not cause injury, damage or loss due to reduced flows.
Wiens’s neighbour, Frank Blair, has also filed an appeal, hoping to have both dams removed.
“I need more water,” said the cattle farmer, who noted his land has browned off again this year due to a lack of moisture.
He said Wiens has pumped some water over the dam but it’s insufficient to replenish the downstream creek.
The watershed authority has advised Blair to build another dugout for water storage. Blair argues that is not necessary if water is flowing freely through both dams.
No date has been set for the appeal hearing.
