Water Pipeline right-of-way construction

The complaint related to the construction of a water pipeline right‐of‐way on Crown land near Mt. Currie in 1996. The right‐of‐way accessed two water licences on a stream. During periods of high water in the spring of 1996 and 1997 the complainant noticed that water was being diverted from the stream down the right‐of‐way onto a public road. The complainant asserted that this water flow was causing erosion damage to the road and introducing sediment into a nearby lake. The complaint also asserted that the damage to the road resulted in a situation potentially dangerous to vehicle traffic.

The complainant had contacted the Ministry of Forests (MoF) in September 1996 regarding the concerns about safety. The Ministry of Forests visited the site to investigate in May 1997. The MoF investigation found no substantive safety issues and no apparent issues of non‐compliance with any legislation. The complainant then filed a complaint with the Board in August 1997.