Ground Water Conservation Act (Chapter 362)

Short title Interpre ta tlon "depart ment" " drillins" "ground water" "minister' "owner" "well driller" Pu rposes o f Ac t CHAPTER 362. An Act respecting the Drilling of Water "Vells and the Conservation and Utilization of Ground "Vater. HE R Majesty, by and with the . and consent of theLegislative Assembly a askatchewan, . ts as follows: I. This Act may be cited as The Ground WaterConserva tion Act. 2. In this Act: (a) "department" means the Saskatchewan Water Re sources Commission; (b) "drilling" includes: boring, digging, driving and jet ting; .' . (c) "ground water" means water beneath the surface of land; (d) "minister" means the member of the Executive Coun cil to whom for the time being is assigned the adminis tration of Th e Water R esources Commission Act; ( e) "owner" includes a person who is in possession of, or has the right to immediate possession of, land as a less ee, purchaser under an agreement for sale or licensee ; (f ) "well" means an opening made by drilling into the ground for the purpose of obtaining ground water or scientific data on ground water, whether water is obtained or not; (g) " well driller" means a person who drills or recon dit ions a we ll. 1959, c. 99, s. 2; 1964, c. 35, s. 2. 3. The purposes of t his Act are: (a) to ob tain logs of wells drilled and info rmatio n on format ions and materials encountered during drilling ope ra tio ns in or de r to assist in ground water and geological studies ; . (b) to provide for the conservation, development and utili za.t ion of ground water resources and to preven t pollution a nd contaminat ion of ground water. 1959, c. 99, s. 3. 5487 Cap. 382 GROUND WATER CONSERVATION Anplic a lion of Act Licence or permit required 4.-(1) Subject to subsection (2), this Act applies to all sources of ~round water and to all wells whether drilled or dcvelor--d t-efore or after the coming into force of this Act. (2) Th .-, Act .does not apply with n--pcct to a well that is dr ilk-r: 01 develop€<CGian OW11er 011 h.is land. using equipment owne« hv him, for the purpose of obtaining water for h.is dome-tic use. 1959, c. 99, s. '1. S. N" person shall engage in, or advertise himself as engaged in. the business of/well drilling unless he is the \ h-oMer ~)U-SUbSiSting. ,~~r1C-e""Ol' permit issued under this Act. 1909, c. 99, s. 5. / ::-- . Commence ment of drillin. C. Every person, whether engaged in the business of well driIli?.lL'?.!: n.Qt•.shaU.n9tifY the department before commencing the drilling of a well. 1959, c. 99, s. 6. ~~~e:Jl~~' 7. The minister. «r any officer authorized by him for the r":,:~rds. eec. purpose, shall ha W' access to all wells, records, plant and . - ", equipment, and every well driller and owner shall permit the minister or such officer to enter upon the premises, inspect the operations thereon, the records of the operations and the plant and equipment and take samples or carry out any test or examination that the minister or such officer deems necessary. 1959, Co 99, s. 7. Safety 8.-(1) Every well driller shall, while drilling a well, take such precautions as are necessary for the safety of persons, live stock and other property. (2) The owner of a well shall take such precautions as are necessary for the safety of persons, live stock and other property and for the prevention of damage by reason of the presence or escape of water. 1959, c. 99, s. 8. ~~=10f 9.-(1) Where the department requests the owner of a wolb well to control the flow-of water from his well and the owner fails to do so. the minister or his authorized agent or employee may enter upon the land from which the water is flowing and conduct such operations to control the flow of water as he deems necessary or expedient. (2) Where any operations are conducted under subsection (1), the minister may determine: (a) the cost of the operations to control the flow of water; (b) the person or persons who are responsible for con trolling the flow of water; and 5488 GROUND WATER CONSERVATION Cap. 382 ( c) the person or persons who are liable for the cost or any part of the cost of the operations to control the flow of water. (3) The person or persons determined by the minister to be liable for the cost or any part of the cost of the operations to control the flow of water shall pay such costor such part of the cost, as the case may be, to the minister and in default of payment such cost or such part of the cost may be recovered in any court of competent jurisdiction. (4) Notwithstanding anything in subsection (2), ;na:e in the opinion of the minister the circumstances Warrant, the department may pay the cost or part of the cost of operations conducted under subsection (1). 1959, c. 99, s, 9. RagulatiolU 10.-( 1) The Lieutenant Governor in Council may make such regulations and orders not inconsistent with this Act as he may consider necessary to carry out its provisions according to their true intentcor to meet cases which may arise and for which no-provision ismade therein, and without restricting the generality of the foregoing may make regula tions and orders: .----'-.... (a) governing the] surveJ".pf sources of ground water; ( b) governing the establishment of ground water conser vation programsj; ( c) governing the ISsu-e·ofiicenceS and permits and the suspension and ean'ceIlati6n.'-thereof, and prescribing fees for licences and permits; ( d) respecting the7methods of drilling:.. wells and pre cautions and measures to be taken during well drilling and development operations; ( e) respecting the ooritrorind 'utilization'of "the' flow of water from a well during ancI after drilling operations : (f) requiring well drillers and owners to furnISh' logs" reports and geological and other information and sp~r-' mens and samples of materials encountered in drilling operations; (g) prescribing specifiCations of casing,' and nthpr ma terials in wells; (lz) govern ing the spacing and depths or "I'i!.~;' ( i) respecting the abaridonment of \\eli<}.lld prescribing the methods and requirements to he observed in aban donment operations : (j) respecting measures for the ~'nt{onofpollution., and contamination of ground water and prescribing the circumstances in which such measures or any of them shall be taken; 5489 Cap. 3a% 01l0UND WATER CONSERVATION LImitation of nih! or action Penalty (k) respecting any other rna tt er relating to the conserva tic'll. ol"v~lopment and con trol of ground water resources lI li d i r.e drilling and managem ent of wells and the pro ,!ucl.· ' l1 of ground water theref rom. (2\ Ev-rv regulation and order made under this Act shall be publisned in Th e Saskaiclicuicn Gazette and shall have fore- and effect on and after the date of such publication. 1959. c. ~.). s. 10. 1 I. Except in case of negligence, no action or proceeding lies against the minister or his authorized agent or employee for any matter or thing done by him in pursuance or pur ported pursuance of any provision of this Act or the regula tions or orders. 1959, c. 99, s, 11. 12. Every person who violates a provision of this Act or the regulations or an order is guilty of an offence and liable on summary conviction to a fine of not less than $10 nor more than $100 for each day during which the violation continues. 1959, c. 99, s. 12. ~~;:;.,a:,,, 13. Nothing in this Act or the regulations restricts or ~et.~lla1td modifies any provision of The Mineral Resources Act, The ,,';<m°Z~~' Oil and Gas Conservation Act, The Public Health Act or The fIu;:.r,~ Act Water Rights Act or the regulations or orders made under iUi,,'i.~7t any of the said Acts. 1959, c. 99, s, 13. not affected TraDlIfer ~f certam powen and dudes 14. All the powers and duties conferred or imposed upon the Minister of Agriculture with respect to anything done before the first day of December, 1964, under or pursuant to The Ground Water Conservation Act, 1959, or the regula tiona thereunder, or by any agreement, licence, permit, authorization or other form of grant or conveyance made or ued before the fint day of December, 1964, pursuant to the said Act or regulations shall, on and from the first day of December, 1964, be deemed to have been conferred or imposed upon the member of the Executive Council to whom for the time being is assigned the administration of The Water . Reeources Commission Act. 1964, c. 35, s. 3. 5490