Rural Municipality Drainage Guide

Drainage is any action taken, or intended, for the removal or lessening of the amount of water from land, and includes the deepening, straightening, widening or diversion of the course of a stream, creek or watercourse, as well as the construction of dykes. When drainage works are located within RM controlled lands, such as a road allowance, the RM is responsible for those drainage works, including any approval requirements, or liability associated with those works. An RM does not have to apply for a drainage approval for construction of ditches which are part of a road network, provided the ditches are not conveying or diverting water from its natural outlet. For example, if a road is being built up and the material is coming from a deepened ditch, the RM does not need an approval for that work, unless the ditch is diverting water from its natural outlet.

An RM may install a new culvert, replace an old culvert, upsize or lower a culvert without a drainage approval if the purpose is only to facilitate the natural flow of water. Modifications to culverts, while not needing a drainage approval, may require other types of approvals such as WSA’s Aquatic Habitat Protection Permit, or a Federal Department of Fisheries and Oceans permit. If an RM modifies a culvert or roadway in such a way as to alter the spill elevation of a wetland or divert the natural flow of water, then a drainage approval is required.

During emergency situations an RM may have to respond quickly to manage flooding. Drainage works constructed pursuant to The Emergency Planning Act in case of disaster or emergency, do not require a drainage approval on the condition that:

• The drainage works are rendered inoperable immediately after the disaster or emergency ceases to exist; and
• Within one year after the disaster or emergency ceases to exist, the drainage works either have a drainage approval issued for them or are permanently decommissioned to the satisfaction of WSA.

RMs administer road allowances on behalf of the Government of Saskatchewan. The primary purpose of the grid road network is transportation. Where road networks meet natural water bodies and water courses, the road network should not impede the flow or impact the water levels in the water body. Landowners seeking approval for drainage works may request land permission from the RM for drainage across a road allowance. This is the primary way in which an RM may be made aware of a drainage application. However, WSA may contact RMs about individual drainage projects if there are special circumstances which require RM input.

When an RM is considering requests for land permission for a drainage project, the council should consider the benefits of the project, along with the potential impacts to RM infrastructure and other public safety concerns. WSA’s approval process includes a thorough assessment of flows and potential impacts from drainage projects. WSA includes construction and operating conditions on approvals to manage impacts from drainage projects.

An RM may grant land permission in one of two ways:

1. Become a joint applicant to the drainage project- The RM may sign the application and become one of the applicants. By signing the application, the RM is consenting to the project and granting land permission for the term of the approval.

2. Provide written land permission- The RM may pass a resolution granting land permission for the project and provide a letter to the applicant documenting the resolution. The letter and resolution should refer to the WSA Drainage Number and include an acknowledgment that the RM has reviewed and accepted the project plan. Project proponents will require the RM to provide a resolution that does not contain any conditions for land permission. The RM and applicants may enter into a separate agreement to secure land permission for specific items such as financial responsibility for RM culvert upgrades, but WSA will not be responsible for determining whether these conditions have been met. WSA can supply examples of acceptable resolutions.

For RM councils, the first step in managing the impacts of drainage is to gain a clear understanding about their role and responsibility in the drainage approval process. Taking proactive steps to ensure that the council and administrators are familiar with the process and regulations will support them in making informed decisions on the development of licensed drainage projects.

Communication between RM councils and landowners should always be the first step in addressing concerns about the impacts of drainage. In most cases, the resolution to the issue at hand is going to involve a collaboration or joint project between the RM and landowner. Taking an informed, problem-solving approach to communication with landowners about drainage concerns can set the stage for productive and successful outcomes.

If education and communication efforts between the RM and landowner do not resolve the concern, either party has the option to file a Request For Assistance (RFA) with WSA. WSA will confirm the approval status of the drainage works. If unapproved drainage works are present, WSA will require the responsible party to either obtain approval or close the drainage works. To get approval, land permission will need to be obtained from all impacted parties. At that point, appropriate mitigation steps can be implemented to ensure no further damage will be caused.

RMs may also be asked to provide land permission for organized drainage works associated with Conservation and Development Associations or Watershed Associations. In these cases, RMs should ensure that the obligations for maintenance of any drainage works are documented in writing.

In some instances, a project would require the RM to be a joint applicant because its infrastructure would be actively used in the project. This would be the case if a project proponent plans to use the RM road network and infrastructure as part of a flow control system. This scenario has successfully been implemented in some areas and flow reductions have proven to be effective in managing flood situations. When a project of this kind is being proposed, the RM should consider the impacts to the road network, public safety, duration of water against the road base and the infrastructure necessary for flow control. Another consideration would be to determine responsibility for the operation of the infrastructure if control gates will be used.

• Review data and facts on the impact of drainage mitigation measures (wetland retention, erosion control, flow control) to protect RM infrastructure, prevent flooding, support land values and address long-standing issues related to water management.
• Does the project pose a public safety risk?
• Should the RM provide written permission or be a joint applicant?
• Who will be responsible for maintenance of the drainage works?
• Are any councilors in a position of conflict of interest? • If culverts need to be upsized, would the project proponent pay a share or all the cost of the upsizing?

• Personal conflicts between landowners.
• The amount of property a landowner owns.
• Conflicts between the RM and the landowner.
• Other considerations not relevant to the impact of the drainage works on RM lands or infrastructure.

Screening for Temporary Pumping

Often RMs will have a need to do temporary pumping in the spring to protect roads and other infrastructure. While this kind of project qualifies as drainage, WSA has developed a process that can allow these projects to proceed without requiring full drainage approval. RMs can contact WSA and provide basic information about the planned pumping (e.g. dates of pumping, legal land location) and if WSA is able to confirm that the project is low risk, it can proceed without a drainage approval.

Blanket RM Sanction for Drainage Approvals

Most drainage approvals require RM sanction because water will need to flow across an RM road allowance. To streamline the drainage approval process WSA has developed several new processes to assist landowners in getting an approval. One of these processes is an option for RMs to provide a blanket approval for drainage projects in their RM. RMs interested in learning more about this approach can reach out to WSA for more information.