Ladysmith Chronicle
Published: September 07, 2009 5:00 PM

The Halalt First Nation has upped the ante in its opposition to the Chemainus well water project, filing a petition against North Cowichan’s plan with B.C. Supreme Court.

“We asked North Cowichan’s senior staff to sit down and negotiate with us or we’d have to go to court,” said Halalt Chief James Thomas in a media release on Sept. 3 “But they said they were going ahead with the project so we were forced to take this step.”

And as the band’s finance director, Tricia Thomas, pointed out, Halalt had hoped legal action would not be necessary.

“We really didn’t think it would actually come to this,” she said. “We’re willing to share this resource, but it must be done on the basis of protecting water quality and quantity — that’s all Halalt has ever asked for since the beginning.”

The band has opposed the project, intended to pump groundwater from the Chemainus River aquifer to address shortages and turbidity issues in the area’s surface water supply, since 2003.

“We are stewards of this river and the aquifer that lies beneath,” explained Chief Thomas — who could not be reached for comment by press time — in the release. “Our water is one of the last precious resources that has not been damaged or depleted in our traditional territory.”

North Cowichan Mayor Tom Walker, meanwhile, had not heard the news when contacted shortly after the announcement of the court action.

“I knew there was some possibility of that, but I hadn’t heard (the petition was filed),” he said. “All I can say at this time is frankly, I’m disappointed. This has been thoroughly reviewed by the British Columbia and federal environmental boards, and we were allowed to proceed.”

And work has already begun on the project that includes a monitoring program.

“I’m not certain what stage we’re at, but we’ve been proceeding as normal once permission was granted,” said Walker.

The Halalt band hopes to halt that.

“What we are asking for is very simple — we want a comprehensive management plan for the watershed before this project goes ahead. And, if it goes ahead, we want to be full participants in a monitoring program,” said Chief Thomas. “But most importantly, we want a hand on the tap should it ever be seen that the wells are damaging this river, its fish or our drinking water supply.”

The other aspect of Halalt’s concern, said Tricia Thomas, is the project’s impact on aboriginal rights and title.

“We need to assess that impact,” she said. “That process needs to be included and to date it has not taken place.”

Chief Thomas, meanwhile, had some advice and a question for North Cowichan.

“North Cowichan should fix and expand its existing surface water supply system before it starts creating new problems with the groundwater,” he said. “There’s a limit to how much new development the water supply can support — what happens if the river is destroyed?”