The Water Protection Act Bill 22, unofficial abridged version
Whereas an abundant supply of high quality water is essential to sustain all ecological processes, life-support systems and food production, and is paramount to the environmental, economic and social well-being of Manitoba now and in the future;
And whereas access to sufficient, safe, acceptable and affordable water for personal and domestic uses is internationally recognized as a fundamental right of citizens;
And whereas to most effectively ensure that drinking water is kept clean, safe and reliable it is necessary to complement the provisions of The Drinking Water Safety Act with additional measures to protect drinking water sources;
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And whereas the Government of Manitoba is committed to watershed planning as an effective means to address risks to water resources and aquatic ecosystems, and believes that residents of watersheds should be consulted when watershed plans are developed;
Her Majesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows …
Who could argue with the words above?
Certainly not Manitoba farm groups, which support in principle the provincial government’s commitment to protect water quality in a province that has been described as North America’s toilet because much of the continent’s water flushes through it.
Hog farmer and Manitoba Pork Council chair Bryan Ferriss told a legislative committee examining Bill 22 in September that the Manitoba Pork Council supports the government’s efforts to protect surface and ground water supply.
“As I’m sure you can appreciate, Manitoba’s pork industry and Manitoba hog producers’ very existence are tied to a sufficiently reliable source of high quality water – water that is critical to the raising of our livestock,” he said.
But the devil can be in the details and Manitoba farm groups are beginning to see red horns poking out of the Water Protection Act’s skeletal structure.
Until the legislation is changed, Manitoba’s main farm groups see more threats than benefits in the Water Protection Act.
Water stewardship minister Steve Ashton has said the proposed legislation is not an attack on agriculture, but the act’s identification of nutrients, such as nitrogen and phosphorus as potential pollutants, raises fears in many farmers.
“It appears that Bill 22 is targeted towards the agriculture industry,” Keystone Agricultural Producers vice-president Ian Wishart told the legislative committee.
The legislation is expected to pass in early December and Manitoba’s three most prominent producer groups hope the law can be amended to remove those aspects farmers view as threats.
The following are summaries of their main positions.
Keystone Agricultural Producers
Officials at Manitoba’s general farm organization, to which all farmers contribute money through a checkoff, say farming will be affected more than other industries because the act specifically mentions nitrogen and phosphorus as polluting nutrients.
It worries the law will hurt farmers because of unintended consequences from vaguely worded sections. It also thinks the law’s approach is too punitive and lacks incentives.
KAP says the law must ensure that farmers get priority over other water users, such as golf course operators, if a water shortage emergency is declared and the minister restricts water use. It says the so-called protection for those who report water mismanagement could be exploited and become a means of harassment against farmers.
The farm group is lobbying the provincial government to insert an appeals process into the law before it is passed and to ensure that there is a KAP representative on the Manitoba Water Council when it is created.
Manitoba Pork Council
Manitoba Pork Council officials say farmers are often targeted by opponents of new livestock operations and the legislation must ensure the law won’t be abused by special interest groups. The pork council believes the main problem with the legislation is its vagueness.
Hog farmers need large amounts of water for their barns and any threat to that water supply is dangerous. Farmers need to know that livestock operations will not be jeopardized in times of water shortages.
The pork council maintains the legislation contains too few details about compensation for farmers hurt by new water rules. The legislation also says little about incentives. It agreed with KAP that the legislation must set out a proper appeal process to prevent farmers from being victimized by local watershed authorities that exploit new regulations to stymie common farming practices or derail development plans.
The council opposes parts of the act that it says grant swift search and seizure powers to water enforcement officers because barns’ biosecurity protections could be breached.
The council is also concerned that the act may become another layer of bureaucracy that inhibits farmers.
Manitoba Cattle Producers Association
The cattle producers association worries the act’s vagueness could enable special interest groups to hijack future regulations to harass or shut down farm operations.
Especially in a water shortage situation, livestock producers could face restrictions that threaten their livestock or financial viability.
The cattle producers group worries about naming nitrogen and phosphorus in the act, which suggests farmers will come under greater pressure than other industries.
It also wants an appeals process that will protect farmers from unfair actions and it insists that a farmer representative sit on the Manitoba Water Council.
Until these flaws are fixed, the cattle producers association wants the legislation withdrawn.
