Water Drainage Practices in Rural Municipalities
Res #: 24-23A
Number: 24
Year: 2023
Midterm: No
Expired: No
Responses Received: Yes
Departments: Water Security Agency
WHEREAS municipalities and landowners are unjustly penalized for unpermitted works performed by others on their
land with corrective compliance measures being issued against the landowner regardless of who did the work.
WHEREAS these drainage works are being constructed within municipal infrastructure and on private lands without
the authorization of the Water Security Agency.
WHEREAS costs associated with the drainage works can be passed to the responsible party if they are a ratepayer,
however this opens the municipality up to the possibility of litigation.
BE IT RESOLVED that SARM lobby the Water Security Agency to hold those initiating the drainage activities responsible
and to enforce actions to remediate all the unapproved drainage activities on those that are responsible for facilitating
the work.
Responses From: Saskatchewan Ministry of Highways and Infrastructure
May 8, 2023
The WSA works to ensure that all drainage works i n Saskatchewan comply with The Water Security Agency Act and associated regulations. Since 2015, all drainage works, including those that were exempted in 1981, require approval. Thus, even if drainage works were initiated by a different landowner, current landowners who benefit from the works become responsible for compliance.
Under WSA’s Compliance Framework Policy, a variety of activities can initiate a compliance response, including through a Request for Assistance (RFA), which is legislated under Section 80 of The Water Security Agency Act. Through the RFA process, the respondent (i.e., the registered owner of the land with the drainage works) is informed of options to bring drainage works into compliance. The RFA respondent can choose to get the drainage works approved within a given time and continue to benefit from these works, or they can voluntarily close the drainage works.
If the respondent is unsuccessful in pursuing approval, or if they prefer to restore the works to natural conditions, they can choose to voluntarily close their drainage works. In cases where drainage works are being constructed within municipal infrastructure and on private lands without authorization from WSA, an RFA may be submitted to WSA, and the agency will conduct an investigation and pursue appropriate actions.
The Honourable Jeremy Cockrill – Minister of Highways, Saskatchewan Ministry of Highways and Infrastructure
