Table Of Content

Permit To Take Water (PTTW) Manual April 2005 Ontario Protecting ourenvironment. Permit To Take Water (PTTW) Manual Ministry ofthe Environment April 2005 Copyright © Queen's Printer for Ontario, 2005 : This publication may be reproduced for non-commercial purposes with appropriate attribution. @ Printedonrecycledpaper PIBS 4932e Ontario Protecting ourenvironment. PTTW Guidelines and Procedures Manual Table of Contents Introduction 2 Commonly regulated water takings 2 Potential exemptions from permit legislation 3 Principles of the PTTW Program 4 Classification of Permits To Take Water 6 Considerations for Evaluating Permits 11 PTTW Evaluating Surface Water 13 Habitat 18 Groundwater 19 Water Balance and Sustainability 23 Low Water 24 High and Medium Use Watersheds 26 Water Conservation 27 Water Use 29 High Use Watersheds 30 Great Lakes Charter 34 Notice and Consultation 35 Data and Reporting 37 Water Transfers 39 Appendices: Step-by-step PTTW Assessment Process 41 How an Application is Processed 43 Responsibilities of Ministry and Applicant 44 45 Definitions Page 1 Introduction Water takings in Ontario are governed by the Ontario WaterResourcesAct (OWRA) and the Water Taking and Transfer Regulation (O. Reg. 387/04) a regulation under the Act. Section 34 ofthe OWRA requires anyone taking more than a total of 50,000 litres of water in a day, with some excep- tions, to obtain a Permit from a Director appointed by the Minister for the purposes of Section 34. Requirements ofthe permit system, including the factors a Director must consider in issuing a permit, OWRA notification and consultation, data collection and reporting, are contained in Section 34 of the and the amended Water Taking and Transfer Regulation. The Regulation also addresses water takings in high use watersheds and the Great Lakes Basin. The manual sets out the decision making process generally followed by the Ministry and it is in- tended to explain to applicants, proponents, and the public the requirements and considerations that are generally taken into account when a S. 34 Director and Ministry reviewers are evaluating a proposed or existing water taking. However, each taking must be evaluated on a case-by-case basis through the exercise of professional judgement based on the requirements of the Water Taking and Transfer Regulation and the principles set out in this document. In this section ... Here's whatSection 34 ofthe OWRA says on the Description oflegislative and regulatory controls 2 "Taking ofWater"... Commonly regulated watertakings 2 Interpretation Exemptions from permit legislation 3 34. (1) in thissection, reference tothetakingofwaterfor The review and approval ofwater takings are usefordomesticorfarmpurposesmeansthe takingofwa- governed by section 34 ofthe Ontario WaterRe- terbyanyperson otherthanamunicipalityora company sourcesAct (OWRA). Based on this legislation, publicutilityforordinaryhouseholdpurposesorforthe wa- watertaking is regulated through a permit system tdeoreisngnooftliinvcelstuodcek,thpeouwlattrye,rihnogmoerigrarirgdaetinosnoorflcarwonpss,gbruotwnfor to achieve environmental objectives. The program sale. is also designed to minimize water supply and water quality interference problems and to provide (2) Insubsection (4), the referencetothe takingofwater for the settlement of interference complaints if forthe wateringoflivestockorpoultrydoes notincludethe they do occur. takingofsurface waterintostorage forthe wateringoflive- stockorpoultry. OWRA While section 34 ofthe is designed to con- TakingofWaterRegulated trol the taking ofwater in the province, there are also common-law rights to the use ofwater. Sec- (3) DespiteanygeneralorspecialActoranyregulationor tion 34 is an added control mechanism, and a ordermade thereunderandsubjecttosubsection (5), no person must comply with both the legislation and person shalltakemorethan a totalof50,000litresofwater common law precedents and would generally be ina day, subject to the more limiting provisions. Thus, a. bymeansofa wellorwellsthatareconstructedor while common law rights are not superseded, deepenedafterthe 29th dayofMarch, 1961;or they will likely be limited by the permit legislation. b. bymeansofaninletorinlets fromasurfacesourceof In addition, the Water Taking and Transfer Regu- supply, wheretheinletorinletsisorareinstalledin the lation, made underthe OWRA prohibits water source ofsupplyorisorare enlargedafterthe 29thday transfers out ofa water basin (as defined in the ofMarch, 1961;or regulation) and sets out matters for a Directorto c. bymeansofastructureorworksconstructedafterthe considerwhen dealing with permits to take water. 29th dayofMarch, 1961 forthediversion orstorageof What are commonly regulated watertakings? water;or Majorwater uses, including takings for agricul- d. byanycombinationofthe meansreferredtoinclauses tural, municipal, commercial, construction, dewa- (a), (b) and(c), tering, industrial, institutional, recreational, reme- withoutapermitissuedbyaDirector. diation, water supply or other purposes, are sub- Interferencewith OtherPerson'sInterest ject to section 34, provided that a taking is in ex- cess of50,000 litres in a day, and the pump in- (4) DespiteanygeneralorspecialActoranyregulationor takes orthe works were installed or constructed ordermadethereunder, where thetakingofwaterforany after March 29, 1961. purpose, otherthanthetakingofwaterbyanypersonex- ceptamunicipalityorcompanypublicutilityforuseforordi- naryhouseholdpurposesorforthe wateringoflivestockor Page 2 Introduction Permits are not typically issued for sewage works poultryandotherthan the takingofwaterbyanypersonfor (e.g. storm water management ponds) where firefighting, interferes, in theopinionofa Director, withany these facilities are regulated under Section 53 of publicorprivateinterestin anywater, theDirectormay, by the OWRA. noticeservedon orsentbyregisteredmailtotheperson whoistakingoris responsibleforthetakingofwaterthat What are the exemptions from Section 34 of sointerferes, prohibittheperson fromsotakingwaterwith- OWRA? outapermitissuedbythe Director. Takings that are exemptfrom the requirement to Domestic, Farm UseandFirefighting obtain a permit, regardless ofthe date ofcon- (5) Subsection (3) doesnotapplytothetakingofwaterby struction orthe amount ofwater taken, are as fol- anyperson foruse fordomesticorfarmpurposesorfor lows: firefighting. takings by an individual for ordinary household Permits purposes; (6)A Directormayin hisorherdiscretionissue, refuse to takings forthe direct watering of livestock or issue orcancelapermit, mayimposesuchtermsandcon- poultry; or ditionsinissuingapermitas he orsheconsidersproper andmayalterthe termsandconditionsofapermitafteritis takings forfirefighting. issued. Takings that are normally exempt from the re- FlowingorLeaking ofWater quirement to obtain a Permit To Take Water in- clude: (7) Where the flowing orleakingofwaterfromawell, or thediversion, flowingorrelease ofwaterfrom orbymeans takings by means ofworks installed priorto ofahole orexcavation madein thegroundforanypurpose March 29, 1961, and not enlarged or deepened otherthan the takingofwater, interferes, in theopinion ofa since; and Director, withanypublicorprivateinterestin anywater, the Directormay, bynotice servedon orsenttotheperson takings of less than 50,000 litres in a day on who constructedormade such well, hole orexcavation or any day. to the registeredownerofthe landin which such well, hole orexcavationislocated, require thepersonorownerto Ifin the opinion of a Director, a taking in this latter stoporregulatesuch flowing, leaking, diversion orrelease category interferes with any public or private ofwaterin suchmannerandwithinsuch timeastheDirec- interest in any water, a Notice can be issued tormaydirect, orrequire suchpersonorownertotake under Section 34(4) prohibiting the taking without suchmeasuresinrelation tosuch flowing, leaking, diver- a permit. The taking in question can then be sion orrelease ofwaterasthenoticemayrequire. handled in the same manner as takings normally Offences requiring authorization by permit. (8) Everyperson who contravenes, a. subsection (3) or(4); b. anotice servedon him, heroritorreceivedbyhim, her oritoronhis, heroritsbehalfundersubsection (4) or (7): or c. anyofthe termsandconditionsofapermitissuedbya Director, isguiltyofanoffence. Here's whatthe Water TakingandTransfer Regulation says ... Purpose 1. Thepurpose ofthis Regulationistoprovideforthe conservation, protection andwise useandmanagementofOn- tario'swaters, because Ontario's waterresourcesarees- sentialto thelong-term environmental, socialandeconomic well-being ofOntario. (Note, the relevanttextfrom the WaterTakingandTransfer Regulation isplacedin sidebars in the appropriatesections ofthismanual.) Page 3 Principles of the PTTW Program The Ministry has built on existing water management principles specified in the Ontario WaterRe- sourcesAct, the Ministry's Statement ofEnvironmental Values under the Environmental Bill ofRights and loaferManagement Policies, Guidelines, Provincial Water Quality Objectives ofthe Ministryof Environment. The principles provide a scientifically based, consistent approach to managing water takings in Ontario and guide the application and regulatory review of Permits To Take Water. Applicants are encouraged to consult with the Ministry prior to submitting a permit application ifthey are unsure how to interpret or apply these principles. The Ministry's waterquantity Watertakers are encouraged to ists, (e.g. water availability and management policy is to ensure take all reasonable and practical potential impacts to the environ- the fair sharing, conservation and measures to manage theirtakings ment and other uses) the Ministry sustainable use ofthe waters of efficiently to maximize the will take this into accountwhen the Province. availability ofwaterfor existing or reviewing individual permit appli- potential uses and to sustain cations. Where the Ministry be- Consistent with this policy, the ecosystem integrity. To fosterfair lieves that cumulative impacts Ministry has adopted the following sharing, reviews of new need to be considered, the Minis- principles. applications will considerthe try may initiate a watershed scale Principle #1: potential impacts on existing uses or aquifer scale assessment be- The Ministry will use an eco- ofwater. yond a local-scale impact as- system approach that consid- Principle #3: sessment, and may engage water ers both water takers' reason- The Ministry will employ adap- takers to collectively reduce the able needs forwater and the tive management to better re- burden on the watershed and to natural functions ofthe ecosys- spond to evolving environ- better manage the demand for tem. mental conditions. water. The ecosystem approach recog- Adaptive management is a proc- Principle #5: nizes the physical, chemical and ess that explicitly recognizes The Ministry will incorporate biological components ofwater changes in natural systems, risk management principles resources and their inter- stresses learning from experience into the permit application/ relationships. Water takings will and monitoring, and revisiting review process. be managed to protect the natural management goals and objectives The level of scientific evaluation functions ofthe ecosystem. to adapt them as required in light applied to a watertaking will be The Ministry's environmental pro- ofnew information gained. As ap- commensurate with the potential tection strategy places highest plied to the PTTW program, it for environmental impact and priority on preventing significant comprises evaluating permit ap- interference with other uses. Risk environmental harm. Watertak- plications in light ofavailable in- management allows both permit ings are managed to ensure sus- formation on potential impacts, applicants and the Ministry to tainability ofthe resource. setting of permit conditions, moni- focus technical and scientific toring, evaluating, and adjusting resources where they are most The Ministry recognizes that there ofwatertaking and permit condi- warranted. The permit are limits to the amount ofwater tions, as necessary. classification system reflects the that can be taken without causing differing nature and potential unacceptable adverse impacts. In cases where the Director be- impacts ofvanous watertakings. Permits will be controlled or not lieves that the taking poses an issued ifcurrent science unacceptable adverse effect, or Where the Ministry believes the standards indicate that additional where there is no additional water risks associated with the taking or current takings will adversely available, the Director may refuse are not acceptable, a permitwill impact existing users orthe to issue the permit in response to not be issued. environment. an application, or curtail or revoke Principle #6: an existing permit. The Ministry will promote pub- Principle #2: Water takings are controlled to Principle #4: lic and local agency involve- prevent unacceptable The Ministry will considerthe ment. cumulative impacts ofwater interference with other uses of The Ministry values public and lo- water, wherever possible, and takings. cal agency involvement in the to resolve such problems if Where relevant information about process ofmanaging watertak- they do occur. watershed/aquifer conditions ex- ings at the local level. The Minis- Page 4 Principles of the PTTW Program try, therefore, fosters an open and Registry, in accordance with the local awareness of permit activi- consultative process in the PTTW EnvironmentalBillofRights, and ties and considertheir advice. The program and makes information consider public comments in its Ministry will also consult with publicly available on permitted decision. other agencies which have exper- wavaatielarbitlaiktyi.ngs and water resource TmuhneicMiipnailsittriyeswiallndprcoovnisdeernvoattiicoento tsiuscehorasmafinsdhaatneditnecrreersttariinalahraebaistat. The Ministry will post designated authorities ofdesignated permit applications on the Environmental applications in orderto increase Page 5 Classification of Permits To Take Water The Ministry will provide a clear, consistent and structured approach to managing water takings by incorporating risk management principles into the permit application/review process. A risk-based assessment system has been developed and applied to typical types ofwater takings in order to identify the relative risk ofthe various types. Those proposed water takings with the greatest potential for impact will receive a higher level of evaluation. This section describes the Ministry's Permit To Take Water (PTTW) application classification frame- work. Category 1 water takings are anticipated to have a lower risk of causing adverse environmental impact/interference, and Category 2 and Category 3 takings are anticipated to have a relative higher risk ofcausing environmental impact/interference. In this section ... Whatis the duration ofaPTTW? Introduction 6 The durationofapermitissuedbytheMin- Category 1 WaterTaking 6 istryisbasedon the watertaking'sknownor Category 2 WaterTaking 7 predictedlevelofriskto the environment. Category 3 Water Taking 8 TheDirectorappliesanadaptivemanage- Discretion ofDirector 8 mentapproach. Factorsconsideredbythe Pre-submission Consultation 8 Directorinclude matterssuchas: Table 1: Classification Criteria 9 the typeandpurposeofthetaking; Table 2: Category Screening and Evaluation 10 watershedconditions; Why classify PTTW applica- Table 2 entitled "Category the sensitivityofthe environmentalset- tions? Screening and Evaluation" ting;and presents a summary ofthe in- Not all watertakings pose the otherfactors, such astherequirement same level ofrisk in terms of formation the applicant is re- forperiodicscientificevaluationsof causing adverse environ- quired to submit by Category submittedenvironmentaldatainorderto mental impact or interference. and the corresponding action demonstratethatthe watertakingissus- taken by the Ministry. tainableand/ornothavinganadverse By classifying permits using a environmentalimpact risk-based approach, the Min- What are Category 1 Water istry can focus resources on Takings? Typically, forrenewals ofexistingtakings withknownandacceptablelevelsofenvi- thhigohseerappoptleinctaitailonfosrwiimtphacat. aCnattiecgiopratyed1 twoathearvetaakilnogwsearrreisk rwiolnlmbeentiaslsuiemdpafocrta(im.ea.xCiatmeugmorpyer1i)o,dpeorfmuipts How does the classification ofcausing adverse environ- to 10years. system work? mental impact/interference. Category2andCategory3 permitsmay The Ministry makes available Typically, permit renewals of be issuedforashorterduration, basedon to permit applicants an appli- existing takings (see side considerationofthe factorslistedabove. cation form and guide with bar) are classified as Cate- When theDirectorissatisfiedthatthelevel schedules forcompleting the gory 1. Existing takings have ofunderstandingofthepotentialimpactas- application. Applicants are re- undergone prior evaluation sociatedwith the takingisadequate, upon quired to classify their pro- and review by the Ministry. renewal, the directormayissue thepermit posed water taking using the Through the technical fora relativelylongerduration notexceed- criteria listed in Table 1. The screening applied to these ing 10years. criteria are described and ex- applications the Ministrywill Existing taking plained more fully in the considerwhether an existing Means where apreviouslypermittedtaking "Evaluating PTTW - Ground- watertaking is having unac- existsin thislocationandthepermitappli- water" and "Evaluating PTTW ceptable impacts. The fol- cationissubmittedto take waterfromthe - Surface Water" sections in lowing will be considered as samesource, sameorlesseramount, and this manual. The Ministrywill part ofthe technical screen- forthesamepurpose. Thisincludes confirm the classification of ing and evaluation ofthe whethertheapplicantistheperson whothe applications using the same permit application: existingpermithadbeenissuedtooradif- ferentperson (forexample, a newproperty criteria during the application there are no known owner). The directorhasthediscretionto apnhdasreegoufltahteorPyTscTrWeerneivnigew iinmtpearcftesrecnacuesseodrabdyvtehrese awchceerpettthheeptearkmiintghaass"lexaipssteidn.g"in cases process. taking in the past; and Note thatmorerestrictiverequirementsap- Page6