Between 1997 and 1998, Royal Oak Mines Inc., Kemess Mines Division (the licensee) constructed a 380-kilometre power line from the Kennedy sub-station at Williston Lake (south of Mackenzie) to the Kemess South mine site, near Thutade Lake in northern British Columbia. The construction involved clearing trees from a right-of-way and building hydro towers.
Prior to the clearing of the right-of-way, the complainant, who lives and works near Thutade Lake, expressed concern to the licensee and the government regarding the impact of the power line on his water supply. The complainant and the licensee discussed moving the water intake for the complainant’s water line as a form of compensation and considered a draft contract stipulating the amount of compensation. However, the licensee subsequently withdrew the offer.
