Turtle Valley farmers sue BC Timber Sales; say logging plans will negatively impact water licences

A group of water users and local farmers in Turtle Valley have launched a lawsuit against BC Timber Sales to block the sale of four cutblocks over fears that clearcutting will negatively impact their water supply.

A notice of civil claim was filed against BC Timber Sales in B.C. Supreme Court on Monday, Jan. 6, following BC Timber Sales' listing of four cutblocks for auction on Dec. 20, 2024.

The Upper Chum Creek Water Users Association and four local farmers in the Turtle Valley area, which is located southeast of Chase, claim clearcut logging activities would have a negative impact on their water licences. These licenses allow them to draw water from natural springs downslope of the proposed logging.

Christine Adderson, one of the complainants in the suit, said they have been forced to file the lawsuit as a last resort after two years of discussion with BC Timber Sales.

“We've been dealing with this for two years with BCTS trying to show them our perspective,” she said. “And they've just pushed ahead regardless of anything we've said.”

In 2022, BCTS began developing a proposal to harvest timber and build roads in the Skimikin and Ptarmigan Hills area upslope of the natural springs used by Christine and Scott Adderson, as well as Hillary and John McNolty.

BCTS has proposed four cutblocks and 4.4 kilometres of new road in proposed Timber Sale Licence TA2461.

The blocks are located about 500 metres from two of the springs used by the farmers and other water licence holders. The cutblocks consist of 46 hectares of old-growth and mature Douglas fir and western red cedar.

Bidding is set to close on Jan. 15, 2025.

“They are traversing across the watershed numerous times with new roads, and the water is generally subsurface,” Adderson said.

“It goes underneath the ground, so you can't always see where it's running, but it's that subterranean water and those channels that are percolating the water down into our water licenses so that we can run our farms and have our well being and our livelihood supported.”

Complainants at odds with hydrological study

One of the chief points of contention in the lawsuit is a hydrological study BCTS conducted last February.

The complainants allege Christine Adderson advised BCTS of the importance of a study by a hydrologist qualified in groundwater aquifers due to the nature of the springs in the area.

BCTS contracted hydrologist Michael Milne to complete the study.

The notice of civil claim said Milne is registered with the Association of British Columbia Forest Professionals as an associate with a limited licence. This licence lists his areas of practice as forest education and training, forest and watershed level planning and management, and forest roads and transportation.

“Our concern isn't with the individual, it's that BCTS would hire someone who didn't have the appropriate competence and expertise,” said Ben Isitt, the lawyer representing Upper Chum Creek Water Users and the farmers.

“We want to be clear, we're not casting any aspersions on the contractor Mr. Milne."

Isitt claimed Milne told water users at a February meeting "that ground water, meaning water running under the surface and also aquifers, weren't within his area of expertise."

“We do have concerns that the assessment that the province is relying on is inadequate, and that there has not yet been a proper study of the impacts of the proposed logging on groundwater and the associated aquifers," Isitt said.

Suit claims no site plan was provided

The lawsuit also argues BCTS failed to provide water users with a site plan of the proposed roads and cut blocks.

“BCTS staff had said for a number of months that they were going to give the site plans and answer any questions about the plans, and those were never provided to the water users,” Isitt said.

The complainants said it was unfair to list cut blocks for auction before providing them with site plans and allowing for discussion of the plans.

They are hoping the lawsuit will lead to the cancellation of the sale before a logging company is awarded with the cutblocks.

Residents of the Ptarmigan Hills and Skimikin area requested a logging deferral for this area in a letter to Premier David Eby in December of 2023.

When reached by Castanet on Wednesday, the Ministry of Forests declined to comment on the lawsuit.

"Because this matter is currently before the courts, we cannot comment at this time," the ministry said.