Joint Watershed Management Agreement
The JWMA is the agreement of the Sechelt First Nation and the Sunshine Coast Regional District to co-manage the Chapman and Gray Watershed Reserves for the purpose of protecting community drinking water resources. It was signed off on October 1, 2005 after 4 years of consideration and consultation.
This agreement is the result of more than thirty years of conflict over water quality that resulted from disastrous logging and road building practices that were approved by the provincial Ministry of Forests.
The document bears the signatures of all regional government representatives (including those of directors from the Town of Gibsons and the District of Sechelt).
In this document, the parties agree to pursue, assume and exercise management authority over all activities in the Chapman and Gray reserves. The agreement is not about asking the province for permission to manage, though provincial legislation codifying this and other similar agreements will be sought. Rather, the implication is that sufficient social, administrative and legal precedent already exists to justify the right of the parties to assume management authority.
The SCCA strongly supports the JWMA and is grateful for the many efforts over many years to make this agreement a reality.
SECHELT INDIAN BAND / SUNSHINE COAST REGIONAL DISTRICT
JOINT WATERSHED MANAGEMENT AGREEMENT
A. The Chapman/Gray Creek Watersheds (the "Watersheds") are situated within and form part of the traditional territory of the Sechelt Indian Band (the "Band");
B. The Watersheds are situated within the Sunshine Coast Regional District ("SCRD") which has authority to provide the service of potable water to the residents of the SCRD; and
C. The Band and the SCRD have a mutual interest in improving and maintaining the safety and quality of their potable water supply and in jointly assuming the responsibility and authority for the attaining and maintaining of the highest possible safety and quality standards for their potable water supply.
1. WE, the Sechelt Indian Band and the Sunshine Coast Regional District jointly resolve and agree as follows:
(a) To share responsibility and decision-making applicable to the watersheds.
(b) To share the costs, expenses and liabilities arising from the above.
(c) To establish a Joint Watershed Management Advisory Committee (JWMAC) that would make recommendations on:
- the management of the watershed
- laws and bylaws surrounding the watershed, and
- future changes that may be necessary to this agreement.
2. Under the Terms of Reference the Band and SCRD agree to pursue, assume and exercise:
(a) the right and authority to approve or disapprove any activity within the watershed
(b) the right and authority to disallow any activity within the watershed
(c) the power to prosecute offenders of the laws of the Band and the bylaws of the SCRD enacted to give effect to the foregoing, which laws and bylaws shall be enacted in consultation between the Band and the SCRD.
3. This Agreement is without prejudice to the aboriginal and treaty rights of the Band and its rights under section 91(24) of the Constitution Act 1867 and section 35 of the Constitution Act 1982 and shall not be construed so as to abrogate or derogate from any aboriginal or treaty rights of the Band or the members of the Band, or any other aboriginal people of Canada.
This Agreement is also without prejudice to the powers, duties and functions of the SCRD under the Local Government Act (British Columbia) or any subsequent legislation in relation to the watershed lands including, without limitation, the jurisdiction of the SCRD over the provision of potable water to the residents of the SCRD.
The Term of this Agreement will be 5 years with the option of extending for further terms with the mutual consent of the Band and SCRD.
This Agreement may be amended at any time with the mutual consent of the Band and the SCRD.
EXECUTED this ___ day of _______________,_____.
SECHELT INDIAN BAND Per:
|Chief Stan Dixon||Councillor Marita Paul-Franke||Councillor Tom Paul|
|Councillor Garry Feschuk||Councillor Keith Julius|
SUNSHINE COAST REGIONAL DISTRICT Per:
|Ed Steeves, Chair Director, District of Sechelt||Adrian Belshaw, Vice Chair Director, Electoral Area D||Stan Dixon Director, Sechelt Indian Government District|
|John Rees Director, Electoral Area A||John Marian Director, Electoral Area B||Celia Fisher Director, Electoral Area E|
|Barry Janyk Director, Town of Gibsons||Bernie Mulligan Director, Electoral Area F|
Note: This agreement was signed by all parties indicated above on October, 1, 2005