Guidance to support area-based water quantity management

Introduction

In some cases, a single water taking alone may not have a significant effect, but the cumulative impact of multiple water takings may affect the sustainability of the water resources and, as a result, other water users and the aquatic ecosystems that depend on them.

An area-based approach can be used to better understand the cumulative impacts of multiple water takings on stream flows, water levels (including surface water or groundwater), and the availability of water for other uses to more effectively guide management actions in areas experiencing water quantity stress.

While an area-based approach would mainly affect permitted water takers, it can also provide broader benefits by promoting the sustainability of water resources and water security for all water uses in the area, including for future generations.

Subsection 4 (5) of the Water Taking and Transfer Regulation (Ontario Regulation 387/04, “regulation”) enables the Ontario Water Resources Act section 34 Director (“Director”), based on information available to the Director, to determine that a ground or surface water source of supply is under stress and to develop a strategy for managing permitted water takings within the affected area.

This guidance outlines how the ministry will determine when a ground or surface source of supply is under stress according to subsection 4 (5) of the regulation, and how a strategy for managing water takings in the affected geographic area will be developed. It is one approach the Director may use to assess and manage the cumulative impacts of water takings and is intended to supplement guidance provided in the Permit to Take Water (PTTW) Manual (2005) related to "Evaluating PTTW – Water Balance and Sustainability" (p. 23), which states:

In most cases an applicant is not responsible for larger scale assessments that extend beyond the individual water takings’ area of impact. However, the Director may consider the need for a larger scale assessment to be conducted based on impacts to natural functions of the ecosystem, water availability, use of water, and other issues as relevant.

Using the above criteria and other relevant information, the Director may determine the sub-watershed, watershed or other water management units defined by the ministry to be a high priority and begin to initiate a strategy for managing water takings and if this cannot be achieved a strategy for assessing environmental impacts.

Water Taking Management Strategy

The Director has the discretion to initiate an assessment of a group of water takings where there is a need to consider their cumulative impacts on water balance and sustainability (PTTW Manual, 2005).

The ministry may become aware of such impacts through a range of ways, such as:

• the review of permits to take water
• Environmental Activity and Sector Registry (EASR) registrations
• discussions with water takers
• compliance actions
• frequency of dry well complaints
• information from municipalities, conservation authorities and Indigenous communities
• information generated from the provincial monitoring or other water-related programs (such as groundwater monitoring, Ontario Low Water Response, drinking water source protection)

Based on documented evidence that water takings are adversely impacting the sustainability of water resources in an area, the Director may determine that a ground or surface water source of supply is under stress pursuant to subsection 4 (5) of the regulation. Where this determination is made, the Director must prepare a strategy for assessing and managing water takings in the affected geographic area, as outlined in subsections 4 (5) to (8) of the regulation.

A Water Taking Management Strategy ("strategy") could apply to a watershed or aquifer – in whole or in part – or any other hydrologically-defined area appropriate for managing the cumulative impact of water takings. Strategies will have common components, such as goals and objectives, management measures, and monitoring actions. However, individual strategies will vary in their specific content, measures, and actions, depending on the water stress issues being addressed and the circumstances of water use in the area. This will be supported by engaging with affected water users, municipalities, conservation authorities, and other stakeholders, and Indigenous communities during the development of a strategy.

Other provincial ministries will also be engaged in the process, where relevant, including those with expertise in water resources (such as the Ministry of Natural Resources and Forestry, Ministry of Energy, Northern Development and Mines [Ontario Geological Survey]) and/or sector water use (such as the Ministry of Agriculture, Food and Rural Affairs), or those that may have direct interest as a water taker within the area (such as the Ministry of Transportation).

While the need for a strategy is being assessed, and while a strategy is being developed, the Director would continue to exercise professional judgement in managing water takings in the area according to the framework outlined in the regulation, the PTTW Manual, and associated policies and guidance.

When completed, a strategy will be used to guide the Director's decisions for assessing and managing water takings in the water quantity stressed area, within the context of the overall PTTW framework. Strategies are intended to be adapted over time, as resource conditions and water uses change.

Preliminary assessment

The ministry, through the Director, may initiate a preliminary assessment where there is sufficient local knowledge and documented science to determine whether a ground and/or surface water source of supply is under stress pursuant to subsection 4 (5) of the regulation.

Where this determination is made, the assessment would also identify the geographic boundaries of the affected area, the issues to be addressed in a Water Taking Management Strategy ("strategy") for the area, and the individuals and organizations to be engaged in the preparation of a strategy.

In undertaking the preliminary assessment, the ministry may engage with other ministries, water users, conservation authorities, municipalities, other local stakeholders, and Indigenous communities, who may have data, knowledge, or expertise on water resources or watershed planning to support the assessment.

Examples of the types of information the ministry may review for a preliminary assessment include:

• information related to the effects of water takings on the environment or other water users, such as well interference or low stream flows
• information about locally sensitive water takers or natural areas, such as experience and information related to private wells that are prone to water shortage, vulnerable aquatic ecosystems, and areas of low hydrological resiliency where the ability to maintain a reliable water supply is limited
• information from regulated water users takers in the area (permit holders, Environmental Activity and Sector Registry (EASR) registrants), including stream flow data and water level monitoring and data reported under the ministry’s Water Taking and Reporting System
• information from non-regulated water users in the area (such as private and farm domestic uses, livestock watering) about their water usage

Determining a source of supply to be under stress

To determine whether a ground and/or surface water source of supply is under stress pursuant to subsection 4 (5) of the regulation, the Director will consider whether:

• there is available information and documented evidence demonstrating the source of supply is experiencing ongoing or recurring water quantity stress or changing conditions in an area that are likely to adversely affect the sustainability of the source or the water security of its users
• there is a need for a strategy to manage the water takings within the affected geographic area

Evidence of water quantity stress

A ground or surface water source of supply may be considered to be under stress based on evidence of the cumulative impact of water takings on the natural functions of the ecosystem, water availability, uses of water, and other relevant issues. Such impacts could be indicated, for example, by declining trends in water levels, increasing trends in water use, unresolved interferences between water users, recurrent or increasing frequency of drought conditions impacting area water users, or impairment of aquatic ecosystems.

In the absence of sufficient evidence demonstrating current stress of a ground or surface water source of supply, the Director need take no further action in considering the cumulative impacts of water takings in the area.

However, where documented evidence exists that changing conditions are likely to adversely affect water resource sustainability, the Director may determine that the source of supply is under stress pursuant to subsection 4 (5) of the regulation and develop a strategy as a preventative tool. For example, in this situation, the objective of a strategy could primarily be to monitor and further assess the cumulative impacts of water takings in the area. A strategy under subsection 4 (5) of the regulation is not intended to be used to "allocate" water to accommodate long-term, future growth by imposing restrictions on new or increased takings of currently available water within an area.

Need for a strategy

The preliminary assessment will also evaluate the need for a strategy to address the water quantity stress in the area.

Determining a water resource to be under stress and developing a strategy pursuant to subsection 4 (5) of the regulation is an optional approach that the Director has discretion to use where there is a water sustainability concern.

Even where water quantity stress exists, the Director may decide that a determination of stress and development of a strategy pursuant to subsection 4 (5) of the regulation is not the best approach to address the water resource concern or is not necessary to manage water takings in the area. The stress may be related to factors other than water taking, including naturally-limited water supply within the area. Where water takings are known to be contributing to stress, the impacts can often be managed using other tools and approaches that are available within the PTTW framework. For example, the Director may set conditions on individual permits aimed at mitigating the impacts of a taking on the environment and other water users. The Director can also collaborate informally with water takers to identify and implement solutions that may involve a group of permits.

Determining geographic boundaries, water quantity issues, and individual and organizations to engage

If the Director determines that a ground or surface water source of supply is under stress pursuant to subsection 4 (5) of the regulation, the preliminary assessment would determine the geographic extent of the affected area.

The ministry may determine that a strategy is needed to assess and manage water takings from a particular source (such as a watershed or aquifer) or within a localized area, such as an affected section of stream or a cluster of groundwater takings.

The assessment would identify the water quantity issues to be addressed in a strategy and may reveal information and knowledge gaps related to water resources and/or water use in the area. The preliminary assessment would also identify the affected water users, Indigenous communities, municipalities, conservation authorities, other stakeholders and ministries that would be engaged and/or involved in the preparation of a strategy.

Information notice

If the Director determines through the preliminary assessment that the water resources in an area are under stress and a strategy to manage water takings is required, the Director would post an information notice on the Environmental Registry.

The Director would also provide direct notice to affected water takers, municipalities, conservation authorities, and Indigenous communities within the area. The information notice would summarize the results of the preliminary assessment and indicate the intent to develop and engage on a strategy.

The notice may also describe the issues to be addressed in the strategy, as well as the process and timing for developing a strategy, including opportunities to be engaged in the process.

Preparing a Water Taking Management Strategy

If a ground or surface water source of supply is determined to be under stress pursuant to subsection 4 (5) of the regulation, the ministry will prepare a strategy for the affected area. At a minimum, a strategy would include:

1. the goals and objectives of the strategy
2. a description of management measures to support the goals and objectives of the strategy
3. a description of monitoring and assessment actions needed to support the goals and objectives of the strategy
4. a process for review, evaluation, and continuous improvement of the strategy

The contents of a strategy would be tailored to specific area circumstances, reflecting for example, the:

• local environment
• scope and complexity of issues
• number and types of water takers that the source of supply supports
• availability of water data and knowledge of water resources

The ability of water takers to implement the measures and actions contained in a strategy in an effective and timely manner would also be considered.

A. Goals and objectives

The strategy would identify goals and objectives related to addressing the causes of water quantity stress in the area. The goals and objectives would guide the management measures and monitoring and assessment actions that would be included in the strategy.

While goals and objectives would be tailored to individual areas, they will be consistent with those of the Ontario Water Resources Act and PTTW program. The goals may be general in nature (for example, to improve the sustainability of water resources in the area during periods of water stress). The objectives should be specific and action-oriented, with measurable indicators that quantify improvements (for example, positive trends in stream flows).

B. Management measures

A strategy would include measures for managing water takings that are tailored to addressing water quantity stress in the area. The Director would consider the measures set out in the strategy that relate to water takers when making a permit decision. Because of this, management measures may become part of permit conditions for new or increased water takings, or for some or all existing permits in the area.

The strategy may also include measures that the Director would consider for managing other non-permitted water users in the area that are contributing to water stress. The Director has authority under the subsection 34 (5) of the Ontario Water Resources Act to require non-permitted water users or EASR registrants to apply for and obtain a permit.

Examples of the types of management measures that could be included in a strategy are:

• measures to improve understanding of the effects of water takings on water availability, such as:
  • revising monitoring and reporting requirements in permits to more accurately assess effects of the water taking on the environment or other water uses
  • updating existing water use information to reflect actual water needs to support the development of accurate water budgets
  • setting a collective expiry date for permits to enable simultaneous review of permit renewal applications in an area
• measures to improve water security through more efficient water use, such as:
  • requiring water takers to complete a water efficiency audit and improve conservation and water use efficiency
  • developing drought management plans that prepare individual permit holders for future low water conditions
  • developing water storage options for use during low water events
• measures to improve the sustainability of the water resource, such as:
  • specifying environmental triggers for when restrictions on water takings should be implemented or relaxed (for example, threshold minimum stream flows or water levels below which water takings should be reduced to protect environmental and downstream water user needs)
  • scheduling of water takings among multiple water users (for example, staggering takings on different days or different hours) when identified as a viable alternative to water taking reductions
  • restricting the permitting of any new or increased water taking within a defined area or from a water source identified as stressed and unable to sustain additional water use

The specific management measures included in a strategy would reflect the current level of understanding of the water resources in the area and focus on water takers most impacting sustainability.

The measures should also recognize differences in facilities and water use characteristics among water takers in the area (such as size and type of operation, water infrastructure, volume of water use, current water conservation practices). For example, the types of measures that would be appropriate for a small agricultural irrigator may be different than those that could be applied by a large industrial facility or a municipality. Potential management measures would be examined in collaboration with affected water takers and non-permitted water users, as well as with affected Indigenous communities, municipalities, conservation authorities, local stakeholders, and other ministries, as applicable.

To meet the objectives of a strategy, the ministry would first examine measures to enhance water efficiency and water system optimization, or to promote the voluntary sharing of water among water takers before considering measures that would require reductions in water use.

If it is determined that there is a need for temporary or long-term restrictions on new or existing water use in the area, the ministry will work closely with the affected water takers during the development of the strategy to determine an equitable approach to implementing such restrictions.

Any water management measures, including restrictions on water takings for the purposes of resolving competing demands for water among water uses in the area, would consider the priorities of water use outlined in subsection 4 (4) of the regulation and accompanying guidance.

C. Monitoring and assessment actions

The strategy would identify actions to collect and consolidate information that can be used by the ministry to improve understanding of the causes and sources of water quantity stress in the area and to guide scientifically based water management decisions.

In developing a strategy, the ministry will document existing available water quantity information, identify any critical gaps in knowledge and outline monitoring and assessment actions to support the strategy’s goals and objectives.

A strategy may include actions to collect additional data and information needed to refine aspects of the ministry’s preliminary assessment, including assessing the cumulative impacts of water takings, environmental flow needs for aquatic ecosystems, or the susceptibility of water resources and uses to drought conditions.

It may also include information needed to support additional analysis, such as evaluating long-term trends in stream flow and water levels, or inputs needed to model existing and future water resource conditions based on changes in climate or water use.

While area-wide monitoring and assessment actions identified in a strategy would not be the sole responsibility of an individual water taker, the ministry may require collective monitoring and assessment by a cluster of water takers. Individual permit holders may be asked to collect and report additional information to the ministry related to their water taking and its potential impact on the environment and other water users. Some monitoring and assessment actions may require collaboration among permitted water takers, non-permitted water users, provincial ministries, municipalities, conservation authorities, and Indigenous communities.

D. Review, evaluation and continuous improvement

Strategies are intended to be adapted over time, as resource conditions or water demands on the resource change. The strategy would outline a process for how it will be reviewed and updated.

It is expected that the goals and objectives, management measures, and monitoring and assessment actions in a strategy would be adjusted or discontinued over time. The timing and frequency for reviewing a strategy would be case-specific, but could be based on:

• a pre-determined review schedule (for example, after ten years, or on renewals of permits in an area that have a collective expiry date)
• new knowledge gained through monitoring and assessment work undertaken as part of the strategy, or other scientific information that may become available
• evidence that one or more of the strategy objectives are not being met
• evidence that strategy objectives have been met (such as conditions improving in the area)
• concerns raised by water users, stakeholders, and Indigenous communities with measures or actions identified in the strategy

Engaging on a Water Taking Management Strategy

There are two points during the process of developing a strategy where the ministry would formally engage Indigenous communities and the public.

1. At the start of the process, the ministry would provide direct notification to affected water takers, Indigenous communities, municipalities, and conservation authorities in the area and post an information notice on the Environmental Registry outlining the findings of the preliminary assessment and indicating the intent to develop and engage on a strategy.
2. Once a draft strategy is developed, the ministry would post the draft strategy on the Environmental Registry as a policy proposal under section 15 of the Environmental Bill of Rights. At the same time, the ministry would provide direct notification to, and seek input on, the draft strategy from affected water takers, Indigenous communities, municipalities, and conservation authorities in the area. The ministry will consider comments received during engagement before finalizing and adopting the strategy. Once the strategy is finalized, a decision notice will be posted on the Environmental Registry and direct notifications provided.

During the development of a strategy, the ministry will also engage directly with affected water takers and non-permitted water users, municipalities, and conservation authorities, as well as other provincial ministries and stakeholders, as needed. Engagement can help to shape the contents of a strategy, including by providing insight into the environmental, social, and economic implications of potential measures and actions for the local community.

The ministry will engage with Indigenous communities during strategy development to share knowledge and receive information that would help the Crown better understand the broad range of Indigenous community uses of water in the area. The ministry will identify and consult with Indigenous communities that may be affected by impacts to the water source of supply that is the subject of the strategy during its development. This will help provide a foundation for meaningful consultation on any duty to consult that may arise on individual permit decisions regarding that water source.

The specific local engagement approach for any strategy would be determined on a case-by-case basis. The ministry would tailor the level and extent of engagement based on factors such as the size of the area, the number and types of water uses, and the scope and nature of the issues being addressed in the strategy. In some situations, engagement with directly affected water takers may suffice. This could be a case where a strategy is being developed to address interference among a small number of water takers. A more extensive approach to engagement may be required for more complicated situations, such as larger areas where there are a significant number of affected water takers and other water users, affected Indigenous communities, or interested stakeholders.

The ministry may also create a collaborative group representing affected water users, Indigenous communities, municipalities, and conservation authorities, to provide advice during the development of the strategy. Collaborating on the development of a strategy can provide an effective forum for sharing knowledge and expertise, including local and Indigenous knowledge, and for exploring management measures and monitoring and assessment actions to help address the water quantity challenges in an area.

Aligning a Water Taking Management Strategy with other provincial policies and programs

Management measures and monitoring and assessment actions taken as part of a strategy developed pursuant to subsection 4 (5) of the regulation must align with other relevant provincial programs and policies.

A strategy is not intended to duplicate or conflict with other existing plans and programs, but rather to integrate with these efforts to address broader water management goals related to water quantity and water use. For example, a strategy would integrate with Ontario Low Water Response by identifying measures to manage water takings during low water conditions.

A strategy may complement watershed plans for the area (for example, as may be required under the Greenbelt Plan and the Growth Plan for the Greater Golden Horseshoe or supporting implementation of the Provincial Policy Statement) by identifying strategies and objectives for water use management. Integration with water management plans, developed and maintained under the Lakes and Rivers Improvement Act, would occur if waterpower facilities and water control structures have a potential role in addressing the water quantity issues within an area.

A strategy may complement drinking water source protection plan policies that ensure the sustainability of municipal water supplies. Water budgets completed under the Clean Water Act may identify stress to ground or surface water sources or to a municipal drinking water system. There are many factors that can trigger a high stress level finding, including current water delivery infrastructure. However, these designations alone would not support identifying the water source of supply to be under stress pursuant to subsection 4 (5) of the regulation.

The ministry would evaluate all available information to confirm a source of supply is stressed as a result of water takings and that a strategy is the appropriate approach to address the issues. It would also work with municipalities to ensure source water policy actions have been implemented and any concerns related to municipal infrastructure have been addressed.

A strategy may be considered where broader water sustainability issues remain a concern, despite implementing source protection plan policies related to water quantity.