by Connie Tabbert
Editor
COBDEN — Residents had opportunity to find out about municipal drains and how they are affected by riparian and common laws.
Science Night II was hosted by the Muskrat Watershed Council last Thursday evening at the Cobden Agricultural Hall with a large group of people attending.
Brian Whitehead thanked everyone for attending and gave a brief overview of what the council is. The council wants to engage people and communities to improve water quality; reduce nutrient loading from all sources on the watershed; promote science-based knowledge and programs and foster economic, society and environmental sustainability. It is a volunteer, community-led not-for-profit organization that is the focal point for science, funding strategies, best management practices, communication and education programs.
The idea for tonight’s meeting of discussing agricultural drains came out of Science Night I, which was held in early October, Mr. Whitehead said.
Victor Castro from the Ontario Ministry of Environment spoke about phosphorous and how it affects Muskrat Lake’s water. While it is important to the survival of plants and humans, he noted that excess phosphorous will create problems in the ecosystems.
Phosphates can be dissolved in water or suspended, which means it would be attached to things in water.
“Activities and land use practices on waters result in increased levels of phosphorous,” said Mr. Castro.
Too much phosphorous promotes algae and aquatic plant growth and in extreme cases results in algae blooms, which have been seen on Muskrat Lake for several years now, he noted.
What happens is organic matter settles in the bottom of the lake, decomposes and consumes oxygen, which means there is less oxygen for fish, he explained.
The water quality problem in Muskrat Lake is driven primarily by excess nutrients, he said.
Mr. Castro said there are techniques to reduce internal loading, but are expensive and significant water quality improvements will take decades.
Sid Vander Veen, municipal drain expert from the Ontario Ministry of Agriculture, Rural Affairs and Food, was the main guest speaker for the evening. For an hour, he spoke about tile drainage, what it is, and why do it; common law as it relates to drainage, the drainage act and innovative uses of the drainage act.
Tile drainage is a series of pipes installed beneath the land surface somewhere between two and two-and-a-half feet and is spaced apart depending on crop, soil, drainage need and economics, he said.
Farmers use tile drainage so crops can be planted earlier, there is less energy required to work fields, higher soil temperatures, better soil structure since there is reduced soil compaction and improved disease and weed control.
from front
Mr. Vander Veen said the majority of agricultural phosphorous loadings are non-point sources, which is more difficult to control than end of pipe sources. They occur during the non-growing season, which is November to March.
Mr. Vander Veen said phosphorous soil tests in the province have not changed significantly since the mid-70s.
He noted there are two types of law – statute law, which are enacted by governments and covers specific topics – Municipal Act, Ontario Water Resources Act, etc – and common law – which means a judge makes decisions on disputes.
Mr. Vander Veen said there are natural watercourses and surface water disputes when common law is applied to drainage. The definition of a natural watercourse is: a stream of water flowing in a defined channel with bed and bank for sufficient time to give substantial existence.
“But, what does that really mean,” he questioned.
Under common law, a natural watercourse is a right of drainage, a right to use water for domestic purposes; and a natural watercourse cannot be dammed; the farmer must accept the water and no one can interfere with the channel to the detriment of others.
Surface water under common law means no right of drainage, lower landowner does not have to accept the water and property can be protected, such as with berms and dykes, he said.
Mr. Vander Veen then spoke about how a new drain gets approval, which is done with a legal document presented to the local municipal council for approval.
A drain is one that is constructed by any means, which includes the improving of a natural watercourse and includes works necessary to regulate the water table or water level within or on any lands. It also includes a dam, embankment, wall, protective works or any combination thereof.
The management of existing drains means they must be maintained and repaired and the drainage superintendent for each municipality is the council’s agent, he said. In Whitewater Region Township, that person is Doug Schultz, while in neighbouring Admaston-Bromley Township it is Nathan Harris who were both in attendance at this meeting.
Mr. Vander Veen also discussed a variety of innovative uses of the drainage act, as well as wetland drain restoration projects.
A challenge is to find the balance between the environmental community and agricultural industry, Mr. Vander Veen noted.
Ending the evening, Mr. Whitehead said, “This has been a real eye opener for us. The watershed council has a role to play and it’s important that a relationship be developed with the agricultural community.”
He believes this will be accomplished during “kitchen table discussions” as opposed to general meetings.
Agricultural drains was just one of seven topics people said were important following feedback at the Science Night I meeting, he said. In coming months, more meetings will beheld on those topics.
