BC Environmental Appeal Board Revokes Horn River Basin Water License

Readers of this blog may be interested in our article regarding the recent decision of the British Columbia Environmental Appeal Board (Board) in Chief Gale and the Fort Nelson First Nation v. Assistant Regional Water Manager & Nexen Inc et al (Decision No. 2012-WAT-013(c)), in which the Board revoked a water licence issued to Nexen Inc. for the purpose of pumping water from Tsea Lake in BC’s Horn River Basin for storage and use in oilfield injection.

The Board’s decision is noteworthy for its discussion of:

  • the Board’s role in reviewing regulatory approvals and decisions;
  • the purpose of the Water Act;
  • the technical evidence required for a Water Act licence and the deficiencies in the evidence provided by Nexen in support of the Licence; and
  • procedural aspects of the Crown’s duty to consult in the context of treaty rights.

Part 1 and Part 2 of our article are available on McCarthy Tétrault’s Canadian Energy Perspectives blog.

British Columbia Environmental Appeal Board Horn River Basin Water Act



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