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CELA
Water Conservation FAQs (January 2004)

1. Why is water conservation important?

2. How does using too much water affect water quality?

3. Does Ontario have to worry about the amount of water available?

4. What has the province of Ontario done to address drought problems?

5. How does the Ontario Low Water Response plan work?

6. What Ontario laws govern water taking?

7. Are there laws in Ontario governing water conservation?

8. What are Justice O’Connor’s recommendations in the Report of the Walkerton Commission of Inquiry on water conservation?

9. What can be done to implement water conservation?

10. What are the benefits of water conservation?

11. What can I do to conserve water?

12. What are the Canadian Environmental Law Association’s views on water conservation?

13. How can I find out more about water conservation in Ontario and Canada?

14. How can I find out about water conservation in other jurisdictions?



1. Why is water conservation important?

As Mr. Justice Dennis O’Connor pointed out in his Report of the Walkerton Commission of Inquiry, Ontario is one of the world’s favoured places with respect to the amount of water available. It has a stock of old water that includes the Great Lakes – one fifth of the world’s freshwater – and groundwater stores created millions of years ago. However, even though the province is not in danger of running out of water, there are important reasons to take care of it.

First, water quantity is inextricably linked to water quality. As more water is used, it becomes more degraded or polluted.

Second, water must be treated and distributed for municipal drinking water supplies and agricultural or industrial uses. This requires energy and significant investments in infrastructure. The greater the amount of water that has to be treated, the higher the cost of energy, and of building and maintaining this infrastructure.

Third, local water shortages do occur, especially in areas that rely on groundwater. Water shortages often have severe impacts on ecosystems. They also increase the demand to ship water greater and greater distances, even across entire watersheds. Proposals for pipelines and large-scale diversions are expensive, and can cause considerable environmental damage.

Fourth, climate change will alter the weather patterns that have provided a predictable and sustainable amount of water. Even the Great Lakes are expected to experience significant declines in lake levels.

For these reasons, water conservation is an important component of an environmentally sustainable way of life.

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2. How does using too much water affect water quality?

Removing too much water can change the natural flow of water in rivers or streams. If a certain level of flow is not maintained, the water levels can fall low enough to alter, or even destroy, the habitat of fish and wildlife.

If too much groundwater is taken, the small streams and rivers that are fed by groundwater can dry up, and groundwater storage areas themselves may be depleted.

Lower water levels in lakes and rivers also mean pollutants will not be diluted as effectively and will require more treatment to remove them from drinking water.

Using too much water for activities like farming or household use can also cause problems with water quality. Excessive irrigation of agricultural lands or landscaped areas can increase the amount of pesticides, soil and nutrients carried into waterways.

The demand for more water also means building more infrastructure to treat and deliver water, drilling more and deeper wells, withdrawing more water from natural water bodies and constructing more pipelines to reach remote supplies. In addition to withdrawals from major bodies of water, it is estimated that there are over 500,000 wells in Ontario alone. Little is known about groundwater resources in the province, and better monitoring is needed to determine groundwater recharge rates.

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3. Does Ontario have to worry about the amount of water available?

Although the province is well endowed with water, some communities in Ontario do have problems with water supply and periodic episodes of low water.

In the last few years Ontario has experienced unusually low amounts of rainfall that have caused drought-like conditions in parts of the province, particularly southwestern and eastern Ontario. Historically droughts were relatively uncommon – occurring every 10 to 15 years --but the late 1990s saw a prolonged period of low rainfall and high temperatures. This resulted in some of the lowest surface water levels and driest soils recorded for several decades. Two of the Great Lakes – Huron and Superior – were lower than they have been for many years.

Climate change is also expected to affect the amount of water available. Warmer temperatures will change precipitation patterns, bringing less snow in winter and more intense heavy rains in summer followed by dry spells and more pronounced droughts. This will lead to reduced water levels and drier soils, particularly in vulnerable areas of the province. Water levels in the Great Lakes are expected to fall by one metre or more over the next 100 years.

See the Climate Change and Water FAQ.

In addition, demands for water continue to escalate. Municipalities need to withdraw more to service large suburban developments. There are competing demands from increasingly intensive agricultural operations, aggregate extraction, golf course development, bottled water and beverage manufacturers as well as other users. Canadian water has also been looked at by companies like the Nova Group of Sault Ste. Marie as a marketable commodity that could be shipped to water-scarce parts of the world. This demand could result in large-scale water takings. Only with the development of comprehensive water budgets for each watershed can the sustainability of these many small-scale or large-scale demands be determined.

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4. What has the province of Ontario done to address drought problems?

In low water conditions or periods of drought, water conservation becomes extremely important in preserving enough supply for essential uses such as drinking water.

In the late 1990s in response to several consecutive years of drought problems, the province developed the Ontario Low Water Response plan. This program is designed to ensure that the province is prepared for low water or drought conditions. The plan is set out in guidelines called the Ontario Low Water Response, available through the Ministry of Natural Resources. It can be implemented under existing provincial legislation including the Municipal Act, the Lakes and Rivers Improvement Act and the Ontario Water Resources Act.

As part of this program local watershed-based committees have been established to monitor water levels and to co-ordinate action when levels fall below a certain percentage of their normal flows. Conservation Authorities are designated as the lead agency and are responsible for establishing local Water Response Teams across different watersheds. Water Response Teams include representatives from the Ministries of Environment and Natural Resources, municipalities, agricultural and industrial users.

The Ontario Low Water Response guidelines, as well as the Ministry of Natural Resources’ reports on low water and flow conditions, are available at: www.mnr.gov.on.ca/MNR/water/p774.html

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5. How does the Ontario Low Water Response plan work?

To decide when action is needed on low water levels, the Conservation Authorities assess the precipitation and stream flow figures for each of their watersheds. Conservation Authorities under the Conservation Authorities Act have the authority to control water for domestic purposes.

The provincial guidelines define low water and drought, and the actions that must be taken under certain conditions. There are three levels:

  • Level I is considered a warning level. It is the first indication of a water supply problem. It triggers voluntary conservation with a goal of reducing use by ten per cent.
  • Level II is identified as the conservation level, an indication of a potentially serious problem. At this level the Water Response Teams advise conservation and restrictions on non-essential uses such as lawn watering and car washing with the intention of reducing water use by a further 10 per cent.
  • Level III is the most serious level. It occurs when the water supply is so low that it fails to meet usual demand. At this point conservation, restrictions and regulations are imposed to restrict water use. When Level III conditions develop, water managers will have to make decisions on priorities for water use based on non-essential, important and essential uses. Essential uses include a reasonable supply of water for drinking, sanitation and health care.

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6. What Ontario laws govern water taking?

The Ministry of the Environment is responsible for deciding how much water can be taken from the province’s water sources under the Permit to Take Water Program, a regulation under the Ontario Water Resources Act. Any proposal for water withdrawals over 50,000 litres per day must be approved by the Ministry of the Environment.

See the Water Taking FAQ.

In December 2003 the Minister of the Environment imposed a moratorium on all new and expanded water taking permits. The government is proceeding with a review of the decision-making process and rules governing the Permit to Take Water program, including charging fees for water taking.
Historically all water taking has been free. This means that there is no value placed on the water taken under the Permit to Take Water program and, therefore, no incentive for conservation.

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7. Are there laws in Ontario governing water conservation?

There are no specific provincial laws mandating water conservation. However, the recent introduction of the Sustainable Water and Sewage Systems Act is likely to result in higher water rates and provide an incentive for conservation programs.

Canadians are among the most wasteful users of water in the world. According to Environment Canada surveys, the average Canadian uses more than 300 litres per day, more than any country except the United States. One reason for our extravagant use of water is that it has historically been underpriced.
In December 2002 the government of Ontario passed the Sustainable Water and Sewage Systems Act that requires municipalities to assess and recover the full cost of providing water and sewage services, although this Act has not yet come into force. Its purpose is to ensure that municipalities operate their water treatment plants on a sound financial basis incorporating all costs of treatment. By assessing and allocating the full costs, municipalities will have good reasons to promote conservation.

See the Water Financing FAQ.

For more information on water use in Canada, see Environment Canada's web site at: www.ec.gc.ca/water/en/manage/use/e_data.htm

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8. What are Justice O’Connor’s recommendations from the Report of the Walkerton Commission of Inquiry on water conservation?

One of the most important recommendations, made by Justice O’Connor in his Walkerton Inquiry Report, was the development of mandatory watershed source protection plans throughout the province. Conservation planning would be the foundation of source protection plans.

He recommended that every source protection plan include a water budget. A water budget would assess the amount of water available in the watershed and the amount of water being removed. Protection plans would have to identify all significant withdrawals of water, all sources of pollution, areas of groundwater vulnerability and wellhead areas. Vulnerability mapping would show where source protection measures are most urgently needed.

In watersheds where shortages occur, Justice O’Connor recognized that the Ministry of the Environment may have granted permits to take water or certificates of approval that exceed the available supply or the capacity of the system to absorb all the pollutants. He suggested the Ministry of the Environment lead a process of deciding a fair allocation of the available water to avoid overtaxing particular water supplies.

See the Source Protection FAQ.

The Report of the Walkerton Commission of Inquiry, part 2, Chapter 4, “The Protection of Drinking Water Sources”, contains Justice O’Connor’s vision of source protection plans. The Report is available at:
www.attorneygeneral.jus.gov.on.ca/english/about/pubs/walkerton/

It is also available in print from the Ontario Government Bookstore at:
http://pubont.stores.gov.on.ca/pool/

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9. What can be done to implement water conservation?

All levels of government have responsibility for water management. The federal or provincial governments can introduce legislation, programs or incentives to implement conservation, such as mandating standards for water efficiency or conservation.

Municipalities, however, have the most to gain by promoting water conservation. Environment Canada has found, however, that the lack of full-cost pricing and conservation-oriented price structures has led to increased water use. When Ontario's Sustainable Water and Sewage Systems Act comes into force, municipalities will have to incorporate the true costs of supplying water into the rates. It also means that the costs of maintaining and building new water and sewage infrastructure (including source protection costs related to infrastructure) will have to be calculated and taken into account when rates are set. These costs can be mitigated by water conservation measures.

One of the most effective ways for municipalities to affect water conservation is the installation of meters. Meters measure the amount of water consumed. Where meters are installed and customers are charged on the basis of how much water they use, the amount of water consumed generally declines.

Metering also enables municipalities to create price structures that lead to water conservation. Under the Municipal Act, municipalities have broad powers to impose fees and charges by enacting bylaws to charge users for services from which they benefit. This allows them to decide how rates are set for water and sewer services.

Environment Canada's survey found some Ontario municipalities were introducing increasing block rates in the residential sector and successfully reducing water use. This price structure means charging a higher unit price as use rises.

Other pricing options include seasonal rates (for example, imposing higher rates from April to October when water use is higher), excess loading or use charges, and repealing volume discounts to large water users.

Municipalities in Ontario have also used by-laws to impose water restrictions, usually with respect to watering lawns and washing cars. The Environment Canada survey shows that municipalities are less likely to restrict specific users such as golf courses. Some municipalities conserve water by carrying out regular maintenance programs that reduce water losses through leak reduction and repair.

Municipalities have also, in some instances, initiated public education programs aimed at reducing water use. These are sometimes accompanied by the promotion of water-saving devices for the home, water audits and retrofitting programs. Water audits, like energy audits, assess the amount of water being used in homes, businesses and industry and identify areas where it can be reduced.

Environment Canada's survey of municipal water pricing can be found at:
www.ec.gc.ca/water/en/info/pubs/sss/e_price99.htm

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10. What are the benefits of water conservation?

Water conservation has both economic and environmental benefits:

  • If a municipality can reduce its water use, it can extend the lifespan of its current infrastructure;
  • Municipalities can postpone or avoid the need to expand or construct new water and sewage treatment plants;
  • They can defer, or avoid, the need to switch to a new water supply source; they can avoid changing from groundwater to surface water supplies, and they can defer or avoid building expensive pipelines to increase the water supply;
  • Municipalities can save on the actual operation and maintenance costs of water treatment plants;
  • Water conservation makes more money available to municipalities to practice conservation through such measures as leak detection, public education or installing meters in homes;
  • Water conservation keeps rivers and lakes cleaner by minimizing the environmental impacts of new water supply infrastructure;
  • Water conservation helps maintain water levels and preserve habitat for fish and wildlife, and dilutes point source and non-point source pollution;
  • Conservation reduces the risk of low water and drought conditions.

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11. What can I do to conserve water?

Toilets use more water than anything else in your home. Six-litre toilets have been installed in every new home in Ontario since 1996 under the Ontario Building Code. As well, some municipalities offer incentives for homeowners to replace their old toilets with new water-efficient ones. Check with your municipality to see what programs they may have. This replacement can save substantial amounts of water. However, the performance of different models varies considerably. The Canadian Water and Wastewater Association has published a report of its testing program that identifies the most effective models. It is available at:
www.cwwa.ca/toilet.htm

The Green Communities Association, a community-based Canadian organization that delivers environmental services, including advice on water and energy efficiency, can be found at: www.gca.ca

For helpful tips on saving water in all parts of the home, the California Urban Water Conservation Council has a graphic web site that takes you on a tour of the whole house, and identifies opportunities for water conservation. It can be found at: www.H2ouse.net

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12. What are the Canadian Environmental Law Association’s views on water conservation?

The Canadian Environmental Law Association (CELA) believes that water conservation is essential to environmental sustainability, and that conservation planning must start on a watershed basis using mandatory source protection plans. For more information, see the following CELA publications:
www.cela.ca/publist.htm

CELA’s recommendations for a long-term water policy framework for Ontario can be found in publication #390: "Comments to Doug Galt, Chair, Water Resources Management Committee re: Water Resource Management Committee Development of Long-Term Water Strategic Water Policy Framework for Ontario", T. McClenaghan, S. Miller, June 2000.

CELA has developed a Model Water Bill that includes requirements for water conservation planning that can be found in publications #401 and #402: "An Act to Conserve Ontario’s Water: Model Bill and Commentary", by CELA and Joseph P. Castrilli, May 200l.

For CELA's views on preserving water quality and quantity, see publication #36: "A Sustainable Water Strategy for Ontario", prepared for the Environmental Agenda for Ontario Project. P. Muldoon, P. McCulloch, March 1999.

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13. How can I find out more about water conservation in Ontario and Canada?

The Canadian Water and Wastewater Association publishes on their web site, Water Efficiency Database Experiences, from communities all across Canada at: www.cwwa.ca

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14. How can I find out about water conservation in other jurisdictions?

The United States Environmental Protection Agency has published Guidelines for Water Conservation as required by the U.S. Safe Drinking Water Act of 1996. When communities apply to the states for federal/state funds for water infrastructure projects, states may require conservation programs as a condition of receiving a loan. The EPA also presents advice for water efficiency in different sectors – agricultural districts, municipal, commercial, industrial, residential, and landscaping. For more information on water conservation in the United States and the EPA’s Water Efficiency Program, see:
www.epa.gov/OW-OWM.html/water-efficiency/index.htm

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