Water Users' Communities
The statutory provision for the incorporation and operation of a Water Users' Community is set out in Sections 51 through 61 of the Water Act . The following is intended to assist members of the public interested in Water Users' Communities to understand their operation.
Documents
What is a Water Users' Community?
A Water Users' Community is a public corporate body incorporated under Section 51 of the Water Act and to which the Comptroller of Water Rights has issued a Certificate of Incorporation. The Water Users' Community will be given the name which the Comptroller considers advisable. The licensees may propose a name for consideration.
Who may form a Water Users' Community?
Six or more different licensees, each of whom hold their own licence(s) and who would benefit from the joint use of a system to store and/or deliver water to their respective places of use.
What are the Powers of a Water Users' Community?
A Water Users' Community may acquire, hold and control property and water licences, acquire, construct, hold, maintain, improve, replace and operate works.
Who Conducts the Business of a Water Users' Community?
The business of a Water Users' Community, as set out in resolutions passed at general meetings, is conducted by a manager or committee of management. The first manager is appointed by the Comptroller and subsequent managers are chosen by the members at general meetings. [top]
Are there Rules Concerning General Meetings?
General meetings should be scheduled on at least an annual basis in order to elect officers and conduct the business of the Water Users' Community. A meeting prior to the preparation of an Assessment Roll by the manager is recommended in order to establish acceptable projections for expenditures. Any three members of a Water Users' Community may at any time call for a general meeting by giving two weeks notice to all members. A copy of the minutes of every meeting should be filed with the Comptroller.
The interest of each member of the Community is directly proportionate to the maximum quantity of water which the member is entitled to divert and use under licence. The interest of the members may be altered at a general meeting such that they are proportionate to the area of each member's land irrigated, if applicable, or the amount of water delivered.
All matters to be determined at a general meeting are subject to a vote and are decided by a simple majority based on the interests of those members in attendance. [top]
What about Financial Records?
On a regular basis, the manager should prepare a financial statement. That statement should show the depreciated value of works operated by the Community, the value of any land owned, the amount of money in savings and other assets or liabilities. From the statement, each member should be able to determine his/her equity in the Community and any hookup charge for new members should be set to preserve the individual equities.
What about Operating Costs?
A Water Users' Community will require sums of money from time to time in order to install, maintain, operate, repair or replace the works or to pay debts. To collect the funds required, the manager may prepare an assessment roll showing his/her estimate of the monies needed and the amount payable by each member. The assessments must be proportionate to the member's interest in the Community. The assessment roll must set out the time and place for payment and the manager must either:
- send a copy by registered mail or personally deliver a copy to each member; or
- post the roll in a conspicuous public place and send notice of the individual assessments to each member.
A copy of every assessment roll must be filed with the Comptroller together with proof of compliance with the notification requirements and the most recent financial statement. An acceptable format for the Assessment Roll and the Declaration to be used by the manager is attached. [top]
Can a Member Question His/Her Assessment?
A member may appeal an assessment made against him/her within 14 days of notice being given by the manager by filing a statement with the Comptroller showing the grounds of the appeal. The Comptroller reviews every assessment roll to ensure it is prepared properly and will investigate any appeal. The Comptroller may either confirm the roll or order its amendment.
What if a Member Does Not Pay His/Her Assessment?
Once confirmed by the Comptroller, an assessment roll is binding on all persons affected by it. Any sum payable can be considered in arrears 30 days after the date specified for payment and can bear interest at the rate prescribed. As the Water Users' Community has exclusive control and operation of its works, it may refuse the use or benefit of those works to a member in default of paying an assessment or complying with a regulation of the manager. If necessary, a Water Users' Community may enforce payment of any assessment by suit in a court of competent jurisdiction. [top]
May Members be Added to the Community?
Any person wishing to become a member of an existing Community must first apply for and be granted a Water Licence. At the same time he/she should apply to the Water Users' Community for acceptance as a member. Upon receipt of a Water Licence, he/she may pay a hook-up charge which protects the equity of the existing members and then join the water system. The Comptroller will amend the Certificate of Incorporation to include the new members licence.
What if a Member Sell His/Her Property?
When property is sold, a member must notify the manager of the sale, and the liability of that member for any debts of the Water Users' Community is then limited to those incurred before the notice is given.
The purchaser of the property becomes liable upon purchase of any debts incurred after acquiring the land, unless and until he/she notifies the manager that he/she does not wish to be a member. [top]
What About Water Quality?
The Ministry of Health Services requires that any Water Users' Community supplying drinking water must meet the requirements of the Drinking Water Protection Act and Drinking Water Protection Regulation that came into force May 16, 2003, replacing the Safe Drinking Water Regulation of the Health Act.
For further information on the Drinking Water Protection Act and Drinking Water Protection Regulation , please contact the Drinking Water Officer  (132kb) in your area or visit http://www.healthservices.gov.bc.ca/protect/water.html .
Further information and assistance is available from the Co-ordinator of Water Users Communities.
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