2001 ABEAB 14                                                                            Appeal Nos. 008 and 009-DOP

                                                                                                                    Date of March 20, 2001

IN THE MATTER OF Sections 84, 85, and 87 of the Environmental Protection and Enhancement Act, S.A. 1992, c.E-13.3.

-and-

IN THE MATTER OF appeals filed on January 10, 2001 by Ms. Lorna C. McDonald and Mr. Wilmer and Ms. Grace Allen with respect to Approval No. 00141216-00-00 issued under the Water Act to the County of Vermilion River No. 24, by the Director, Parkland Region, Natural Resources Service, Alberta Environment, for the exploration of Groundwater on SW 34-052-01-W4.

Cite as:            McDonald and Allen v. Director, Parkland Region, Natural Resources Service,  Alberta Environment, re:  County of Vermilion River No. 24.

TABLE OF CONTENTS

BACKGROUND......................................................................................................................... 1

Decision................................................................................................................................... 3

BACKGROUND

[1]                    On December 13, 2000, the Manager, Regional Support, Parkland Region, Alberta Environment (the “Director”) issued Approval No. 00141216-00-00, under the Water Act, S.A. 1996, ch. W-3.5, to the County of Vermilion River No. 24 (the “Approval Holder”), authorizing the exploration of groundwater on SW 34-052-01-W4, subject to conditions.

[2]                    On January 10, 2001, the Environmental Appeal Board (the “Board”) received Notices of Appeal from Ms. Lorna McDonald, dated January 3, 2001, and from Mr. Wilmer and Ms. Grace Allen, dated January 2, 2001 (the “Appellants”), appealing the Approval.

[3]                    On January 17, 2001, the Board acknowledged receipt of the Notices of Appeal and at that time requested a copy of all records (the “Records”) related to the appeals from the Director.  On that same date the Board also notified the Approval Holder of the appeals.

[4]                    According to standard practice, on January 17, 2001, the Board wrote to the Natural Resources Conservation Board (the “NRCB”) and the Alberta Energy and Utilities Board (the “AEUB”) asking whether this matter had been the subject of a hearing or review under their respective Board’s legislation.  Replies were subsequently received on January 23, 2001, from the NRCB and from the AEUB on February 2, 2001, indicating that this matter had not been the subject of a public hearing or review under their respective jurisdictions.

[5]                    On January 25, 2001, the Board wrote to the Appellants requesting further clarification regarding their Notices of Appeal, as the concerns expressed in their Notices of Appeal did not “…appear to relate to work that is authorized by the approval to explore that has been issued.  They appear to relate to the licence to divert that has, to the Board’s knowledge, not yet been issued.”  The Board’s letters further stated:

“In order for your appeal to proceed, you need to demonstrate to the Board how you will be directly affected (impacted) by the work that is authorized under the approval… Please note that if you wish to appeal the ‘licence to divert’ you will have to submit a separate appeal of that decision, if and when the licence is issued.  (Emphasis in original.)

[6]                    Also, on January 31, the Board received a letter from the Approval Holder stating:

“The County of Vermilion River #24 will not pursue exploration of water on SW-34-52-01-W4 and therefore will not require the APPROVAL No. 00141216-00-00 Pursuant To the Provisions Of The Water Act.”

[7]                    On February 1, 2001, in response to its request, the Board received the Records related to the appeals from the Director.  On February 6, 2001, the Board acknowledged receipt of the Approval Holder’s letter of January 31, 2001, and the Records from the Director.  Copies of the Records were forwarded to the Appellants and the Approval Holder.  The Board also requested the Director clarify the status of the Approval by February 16, 2001.

[8]                    On February 7, 2001, the Board received a letter dated February 3, 2001, from Ms. Grace Allen.  Ms. Allen’s letter stated:

“Just a note in regard to your letter of Jan 25 about drilling a community water well in our area, …Both our councilor and our county have said they will no longer pursue a well in our area, but will look elsewhere, so I hope this concludes this matter.”

[9]                    The Board acknowledged Ms. Allen’s letter on February 9, 2001, and requested that Ms. Allen confirm her intentions to withdraw her appeal.

[10]                  On February 13, 2001, the Board received a copy of a letter from the Director to the Approval Holder requesting they confirm their intentions to surrender their Approval in order that the Director may cancel the Approval.  The Board acknowledged the letter and requested it be provided a copy of the Approval Holder’s response by February 21, 2001.

[11]                  The Board received confirmation from the Director in a letter dated February 21, 2001 that the Approval had been cancelled.  A copy of the cancellation was attached to the letter and the Board sent a copy to the Appellants in a letter dated February 21, 2001.  The letter requested that the Appellants confirm whether or not they wished to withdraw their appeals given the cancellation of the Approval.

[12]                  On March 5, 2001, the Board received letters from the Appellants stating that they wished to withdraw their respective appeals.

DECISION

[13]                  Pursuant to section 87(7) of the Environmental Protection and Enhancement Act, the Board hereby discontinues its proceedings in Appeal Nos. 01-008 and 01-009 and will be closing its files.

Dated on March 20, 2001, at Edmonton, Alberta.

_____________________

Dr. William A. Tilleman