BC Water Sustainability Act: What Vancouver Island Well Owners Need to Know

If you own a well-served home on Vancouver Island, the province’s water rules affect you more than you might think. The Water Sustainability Act (WSA) — brought into force on February 29, 2016 — is now the principal law for managing the diversion and use of water in B.C., and it changed how groundwater and wells are regulated.

For a private well owner the Act works on two levels:

• Groundwater use is licensed unless it is “domestic” (household) use. Anyone who diverts and uses groundwater for anything other than household purposes must hold a water licence and pay the associated fees and rentals.
• Your well itself is regulated. The Groundwater Protection Regulation (GWPR) sets minimum standards for well construction, maintenance, deactivation and decommissioning, and those rules apply to all wells under the WSA — including wells that supply water for domestic purposes.

This article walks through what Island well owners actually have to do: registration and groundwater licensing, construction and identification-plate rules, decommissioning, and where to file. It is general information, not legal advice — the rules are detailed, and when in doubt you should confirm your situation with FrontCounter BC or the province.

Domestic wells: exempt from licensing, not from the rules

If your well supplies a single private dwelling, your water use is likely domestic and exempt from water licensing.

Under the WSA, groundwater use is domestic when the water is used for household purposes in a private dwelling. That includes drinking water, food preparation, cleaning, fire prevention, water for animals or poultry kept as pets or for household use, and small gardens under 1000 square metres — the full definition is in Section 2 of the Water Sustainability Act.

What this means for you:

• Domestic groundwater users are exempt from licensing and from paying provincial water fees and rentals, and are deemed to have rights to the water they use domestically.
• Domestic well owners are strongly encouraged to register their well. Registration creates a record in the provincial GWELLS database, which helps ensure your water use is considered when the province makes decisions about other licence applications.
• Registration is for domestic use only — do not use the well-registration form if your use is non-domestic.

If you are a domestic well owner, you are also required to follow the groundwater-protection rules that apply to the well itself — proper construction, maintenance, well identification and decommissioning — which we cover below.

When you need a groundwater licence

If you use groundwater for non-domestic purposes — irrigation, commercial or industrial use, or any use beyond the household purposes above — you must apply for and obtain a water licence and pay water fees and rentals. This requirement came into force with the WSA on February 29, 2016. See the province’s page on requirements for groundwater users for the full picture.

Important points for existing users:

• People who were already using groundwater for non-domestic purposes on or before February 29, 2016 were brought into the licensing system over a six-year transition period. They were required to apply for a water licence on or before March 1, 2022 to keep using the water lawfully and to keep a historical “date of precedence.”
• After March 1, 2022, anyone who did not apply is treated as a new applicant, must pay the application fee, and must obtain a licence before the water can be lawfully used, stored or diverted. The province’s deadline message explains the change.
• Because the date of application establishes your licence’s priority date (first in time, first in right), the province encourages non-domestic users to apply as early as possible — priority matters during times of water scarcity.

Licence applications are done online, with support available through FrontCounter BC. There is a one-time application fee (minimum $250) processed at the end of the online application, and annual water rentals depend on your use purpose and the quantity of water used. You can find current fees and rental rates, and estimate costs, on the province’s water application fees and rental rates page.

Not sure which bucket you fall into? A home business, a commercial greenhouse, or irrigation beyond a small garden can all push water use past the domestic definition. Contact FrontCounter BC (toll-free 1-877-855-3222) to confirm what applies to you.

Registering your well and keeping your records straight

The provincial GWELLS database stores records of wells registered with the B.C. government. Registration obligations depend on when your well was built:

• Drilled water-supply wells constructed, altered or decommissioned after February 29, 2016 must be registered in GWELLS. Registered well drillers and well pump installers are required to submit a Well Construction or Alteration Form, or a Decommission Form, to the Comptroller of Water Rights (with a copy to the well owner) within 90 days after the work is completed. The province’s well records and registration page links the forms.
• Shallow wells that are dug or excavated (rather than drilled) after February 2016 work a little differently: you, as the well owner, must submit a well construction report or a decommission report within 90 days after the works are completed.
• Wells built before February 2016: registration was voluntary then, so older wells may not appear in GWELLS. If you are a domestic well owner and your well has no record, the province strongly encourages you to register it.

To register a domestic well, complete the Well Registration Form and email it to Groundwater@gov.bc.ca (or mail it — regional office addresses are on the registration page). Before submitting, confirm the well is domestic-only, attach a sketch or map showing where the well sits on the property, and include any supporting documents such as an old well-construction report.

You can search for a well record in GWELLS. If you have a drilled well constructed or altered after February 2016 and cannot find it in the database, the province asks that you contact Groundwater@gov.bc.ca.

Well construction, maintenance and the identification plate

Under the Groundwater Protection Regulation, wells must meet minimum standards for casing material, wellhead completion, surface seal, well caps and covers, and well identification. The rules also:

• Make constructing and decommissioning wells, installing well pumps, disinfecting wells and conducting flow tests restricted activities that can normally only be performed by qualified well drillers or well pump installers, or by professional engineers and geoscientists. The province keeps a Register of Well Drillers and Well Pump Installers you can search to hire a qualified contractor.
• Require new water-supply or dewatering wells to be set back at least 15 metres from an existing water-supply well, to reduce interference between wells.

As the owner you can handle routine care yourself — things like replacing a well cap or cover, keeping the path to the well clear, making sure casing sticks up so floodwater can’t run in, and keeping surface drainage away from the wellhead. Most other maintenance and repair, such as work on the structural integrity of the well or the surface seal, must be done by a registered well driller. The province’s care for and maintain your water supply well page spells out who can do what.

The well identification plate

A well identification plate is a small, numbered plate attached to the well casing (or near the well) that identifies the well on the ground and forms part of the well record. If you own a well that is part of a drinking-water supply system, you must attach a well identification plate. The plates are free — you request one by emailing Groundwater@gov.bc.ca.

As the well owner you must also maintain the plate and protect it from physical damage. If the plate is lost or damaged, you must email Groundwater@gov.bc.ca within 30 days to request a replacement, attach the new plate to the casing, and return a completed Well Identification Report.

Decommissioning obligations

Abandoned or unused wells can deteriorate over time and become a threat to groundwater. Under the Water Sustainability Act and the Groundwater Protection Regulation:

• An unused well with no plans for future use must be decommissioned.
• An unused well that is intended for future use must be deactivated.
• Under the GWPR, the well owner is required to decommission any well not used for five years, and to protect the wellhead and maintain the well whether or not it is in service.

Decommissioning is a restricted activity, so a properly abandoned well should normally be closed by a qualified well driller following the GWPR’s standards. The province has published best-management-practice guidance on how to decommission or deactivate a well, and — for dug wells that an owner may decommission — best practices for dug wells. Remember that a decommissioned drilled well must be reported to the Comptroller of Water Rights within 90 days, and dug-well owners must file their own decommission report within 90 days.

Why it matters: an open borehole or a failing well with corroded casing can act as a pathway for contamination to move between the surface and the aquifer, and between aquifers. Decommissioning seals that pathway.

Where to file and who to contact

A quick reference for the common filing points:

• Find a well record — search GWELLS.
• Register a domestic well — Well Registration Form, emailed to Groundwater@gov.bc.ca or mailed to a regional office.
• Apply for a water licence — online via FrontCounter BC.
• Well construction, alteration or decommission forms — filed by your well driller (or by you, for dug wells) with the Comptroller of Water Rights; see the well records and registration page.
• Request or replace an identification plate — email Groundwater@gov.bc.ca.
• Hire a qualified contractor — Register of Well Drillers and Well Pump Installers.
• Questions about licensing or applications — FrontCounter BC, toll-free 1-877-855-3222, or FrontCounterBC@gov.bc.ca.

Finally, keep testing your water. The province encourages owners who rely on wells for drinking water to test periodically, and HealthLink BC’s well water testing guide is a good place to start. If you are unsure whether your well is registered, licensed or properly maintained, the best first step is to look up your well record in GWELLS — then talk to a registered well driller or the province about anything that is missing.