A local rancher has called a provincial order to stop irrigation on the Nicola River a new way for the province to “frighten, browbeat and coerce” ranchers into co-operating.

The order to stop drawing water from the river was made in order to protect spawning kokanee.

Mike Rose, of the Quilchena Cattle Company, was ordered to cease drawing water from the Nicola River on Sept. 17, after already having cut down on his water use significantly.

A letter from Minister of Environment Barry Penner stated, “This order is issued as the drought conditions of this summer have caused the water levels in the Nicola River upstream from Nicola Lake to be low and threaten the survival of the 2009 kokanee population. Water conservation efforts made by you, and other water licenses within the watershed, have not been sufficient to mitigate the threat to the fish population.”

Penner is the MLA for Chilliwack-Hope.

“I didn’t make this decision lightly,” said Penner. “I recognize that it’s a challenge (for ranchers).”

The Fish Protection Act (FPA) was amended on Aug. 20. Section 9 allows for ministerial orders to temporarily regulate water users, regardless of the terms of their Water License under the Water Act provided that: water levels are low due to drought, the lower water levels threaten fish population survival, and due consideration has been given to the needs of agricultural users.

This is the first time the new section has been used by government.

“The fish can’t wait. They’re an indicator of the health of the spring,” said Penner.

According to Penner, there is concern that if fish are unable to spawn this year, next year could see them disappearing from the river altogether.

“The fish haven’t been doing all that well,” said Penner.

Penner explained that even after the Upper Nicola Indian Band released a water reserve into the river, water levels were still too low for kokanee to travel safely upstream. It was at this point the order was given to Rose to cease using the river for irrigation.

Rose estimates he will have to spend $150,000 on feed to replace the loss of alfalfa usually grown on land owned by the Quilchena Cattle Company. The crops are used to help feed 1,500 head of cattle owned by the ranch.

“There’s no legal requirement under the FPA to compensate,” said Penner. “Typically we don’t compensate people for following orders.”

Rose doesn’t believe that crop insurance will be available to ranchers who have either reduced water use voluntarily or by order from the government.

According to letters from the provincial and federal government, Rose may only irrigate if water flow in the river exceeds 0.35 cubic metres per second. Archived hydrometric data for the Nicola River above Nicola Lake shows that water flow rates have dropped below 0.35 cubic metres per second in many past Septembers, including the last four years as well as in 1933, 1967, and 1987.

“It looks like the order has worked,” said Penner, adding that at least 200 kokanee had been spotted by biologists travelling upstream last week.

But Rose said that there are no fish in the Nicola River, and that the Minister has not answered any of his telephone calls.

According to Rose, even if 200 fish did pass up the river, the price of saving them would work out to $750 a fish, paid for by the Quilchena Cattle Company.

Rose is angry that the province has used the amended FPA to deny his company’s water rights.

“The ministry has a new toy,” said Rose.

He estimates that he has invested over $100,000 on habitat enhancement projects around the Nicola River. He has invested in fish spawning channels, a new elevated bridge over the river, riverbank re-enforcement and fencing to protect the river from grazing and trampling.

“We are concerned environmental citizens,” said Rose.

Most of the habitat enhancement projects were taken in compliance with the B.C. Environmental Farm Plan.

Rose said he was shortlisted for the B.C. Cattlemen’s Environmental Stewardship Award last year. He is frustrated that his environmentally beneficial investments have seemed to make little impression on the government’s decision to override his water rights on Sept. 17.

“It’s all stick and no carrot,” said Rose.

On Sept. 22, Rose took the Merritt Herald up the river, pointing out the lack of fish in the clear waters. According to Rose, the river should have had fish dying on the banks as well if spawning was taking place. There were no fish present on Sept. 22 either at the mouth of the river on Nicola Lake or in the waters at the Quilchena Cattle Company’s ranch lands.

A beaver dam, which crosses the Nicola River on the ranch, is around a metre high. Rose doesn’t believe any fish that may be in the river could ever make it over the dam. Water at the base of the dam is less then 30 centimetres deep.

Rose said he expects the provincial government will begin using their new ability to override the Water Act in other areas of the province for the same reasons.

The Quilchena Cattle Company employs 35 people. The ranch has been in the family for four generations, since 1882.