Drainage Approvals Guide

Are drainage approvals necessary on my farm?

If you are a landowner who has existing and/or proposed agricultural drainage works on your land, then you will need a drainage approval. Drainage is any action taken, or intended, for the removal or lessening of the amount of water from land, and includes deepening, straightening, widening or diversion of the course of a stream, creek, or other watercourse, as well as the construction of dykes.

Are my drainage works grandfathered?

No. All drainage works in Saskatchewan require approval. Because all drainage works cause impacts, no matter when they were constructed, they require approval from WSA.

What does Land Permission mean?

In the context of agricultural drainage, land permission is a necessary requirement to allow the approval holder to drain from, across, or onto a parcel of land owned by another person, or through ditches downstream.

Land permission serves as a form of security in a collaborative agreement with a neighbouring landowner. Because water flows irrespective of property lines, it is important that land permission be a priority consideration in the drainage approval process.

Can I get funding for my drainage project?

WSA’s Agricultural Water Management Fund supports responsible drainage by assisting producers or local governments in achieving drainage approvals and in advancing drainage projects.

There are three streams of cost shared funding available for eligible projects:

• Qualified Person and Mediation Services support
• Qualified Person costs for basic technical, communication, project development and project management
• Costs for professional mediation services to assist with land permission and drainage project negotiations
• Costs for technical and engineering design solutions
• Construction costs for mitigation and rehabilitation works

STEP 1- Contact WSA

WSA specialists are the frontline contact for agricultural drainage regulation in Saskatchewan. They work in specific regions across the province providing support and guidance to farmers in the drainage approval process. Consulting with your specialist to share your drainage project ideas and plans will provide a starting point for determining your project’s feasibility. Specialists can provide guidance in assessing the potential scope of the project with respect to other landowners who may be impacted, land permission requirements, wetland retention rates, location of an adequate outlet and potential construction of flow and erosion controls. To contact the WSA specialist for your area, please contact WSA Client Services at client.service@wsask. ca or call 1.866.727.5420.

STEP 2- Hire a Qualified Person

Qualified Persons (QPs) are professional engineers, agrologists, applied science technologists, certified technicians, and other experienced people who are trained and accredited by WSA in drainage design and the application process. Even when a drainage project looks simple, it seldom is. Projects usually involve multiple parcels of land, legal land permission, technical design, and mapping. QPs often play an important role in projects to communicate and negotiate with neighbors and RMs. The services of a QP can reduce the time you invest in an approval.

STEP 3- Communicate and Collaborate with Neighbours

Because water flows irrespective of property lines, agricultural drainage projects will often involve neighbouring landowners which can include RMs. When draining, the landowner who is applying for the approval must have permission to move water onto, or across, another owner’s land to the point of adequate outlet. RMs administer roads on the rural landscape and, as a result, often interact with drainage works when water flows through culverts or along road ditches. Proactive communication about your drainage project plans can provide opportunities to find collaborative solutions and land permission for the project.

Land Permission Facts

• WSA requires land permission be maintained for the duration of the drainage approval. Where the approval holders do not own or hold easements over affected lands and works, a written agreement will be the minimum requirement.
• The Water Security Agency Act requires that proponents of drainage projects provide “proof of land control [permission] satisfactory to the corporation [WSA].”
• There are various forms of land permission that are relevant to impacting lands from drainage. From highest to lowest degree of control, the range is:
  • ownership of land,
  • an easement registered on title to the land,
  • joint application,
  • written agreement between landowners.

STEP 4- Prepare an Application

You will need project plans, land permission and the application form. The QP will help you map all the drainage works and develop the technical design for your project. Proof of land permission from all impacted landowners is an important part of the application. The security of the drainage approval depends on comprehensive information in the application, including all the land parcels involved. The experienced QP will complete and review the application form with you. The plans included with the application represent the drainage works to be approved, so they are very important. ‘If it’s not on the plan, it’s not approved.’

STEP 5- Receive Approval

The QP will work closely with the WSA specialist to assemble the requirements for an application and to gather all the landowner signatures. Drainage approvals provide security to the landowners, reduce risks to the environment and protect downstream neighbours from negative impacts.

The drainage approval will detail several important features including:

• Approval conditions for the construction and operation of the drainage works including ditches, tile, flow controls, erosion controls and wetlands to be retained.
• In some cases, special operating conditions for the project may be included to address specific requirements such as flow control gate operation.
• The term length of the approval.