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LWBs release revised Reference Bulletin and supporting documents on Water Use

The Land and Water Boards (LWBs) of the Mackenzie Valley are pleased to announce the release of the revised Reference Bulletin: Water Use (Bulletin) and supporting Annex A: Interpretation and Reasoning – Reference Bulletin: Water Use. A Review Summary Table encompassing the two public reviews conducted for the revision of the Bulletin is also available for more information.  

Please note that LWB staff will be contacting all affected licensees directly over the coming weeks to discuss options and next steps in follow-up to the revision of the Bulletin.  

As set out in the Bulletin, the LWBs’ current interpretations with respect to water use in general, and specifically in relation to ice-bridge water use, are summarized below. For more detailed information, please see the guidance documents linked above.  

  • Any withdrawal or diversion of water, directly or indirectly, from a water source for any period of time is considered a water use, since the water that is removed is not available to other potential users of the water source during that time.  

  • Water circulated continuously from a watercourse to prevent freezing of lines and equipment (e.g., pumps and drills), and water used for the construction and maintenance of ice-bridges are considered direct water uses. 

  • Once a project requires a licence, all water uses, including below-threshold water uses, are included in the preliminary screening and considered in developing the licence conditions, and where applicable, contribute to the determination of whether a type A or type B licence is required. This applies to ice-bridge water use as follows: 

  • For projects in licence categories (L1-L7) other than the miscellaneous category (L8), ice-bridge water use is not a below-threshold or exempted direct water use. Any water used for ice bridges is considered a direct water use for a project in any of these categories; however, because direct use criteria are written differently in each category, it may or may not influence the determination of whether of a licence (either type A or B) is required. Water use fees may apply.  

  • For miscellaneous-type (L8) projects, ice-bridge water use does not contribute to the total direct water use volume calculated or authorized for a project, the determination of whether a type A or B licence is required, or the calculation of water use fees. 

  • For all types of projects, ice-bridge water use is included in the preliminary screening and considered in developing the licence conditions.  

  • Mineral exploration and abandoned mine remediation projects are categorized as miscellaneous projects. 

The LWBs recognize that not all parties agree with these interpretations of the current legislation. The LWBs believe that the regulation of ice-bridge water use, along with other aspects of the licensing regulations that are unclear, should be addressed through amendments to the Mackenzie Valley Federal Areas Regulations (MVFAWR) and Waters Regulations.