Drought Raised Tensions Over Golf Course Water Taking in Verona

Dec 14, 2016

In light of this year's drought, which bore down on the Frontenac region with particular might, concerns over the continued welfare of our watersheds have come to the fore. Where precipitation might have been abundant in recent years, this summer saw sharp declines in water levels, which affected residents, businesses, as well as the ecosystems of ponds and lakes, and brought up questions about our preparedness to conserve and manage our water sources for possible repeats of hot dry weather in the coming years.

Some residents north of Verona are raising specific concerns about the pond along which their properties are located, charging that intensive water uptake by a neighbouring golf course has been, and will continue to be detrimental to the welfare of habitat and to the landscape in general. The site is Martin Pond, which is a short distance from Rivendell Golf Course.

Local property owner John Scherk explains that since the 1980s, there has been a neighbourly agreement in place for residents along the pond to allow Rivendell to take excess water. In 1997, the agreement was updated as a man-made dam was built to ensure that the beaver dam that was currently occupying a part of the pond and containing its flow, would not rupture. Rivendell paid part of the cost of the dam's construction and, in turn, benefited from access to the source. "When water is abundant," says Scherk, "everyone benefits. The golf course receives water and alleviates overflow."

Scherk, along with the owners of five neighbouring properties, want to ensure that when water is not abundant, it is not taken to a point where its natural flow is disrupted. neighbour Dorina Friedli echoes these concerns, noting that landowners have rights to the same water the golf course is taking from the pond (as opposed to that which is taken downstream or from the golf course's pumphouse). This hearkens back to riparian law, which has its roots in common law, and states that landowners have the right to reasonable use of water that flows through or over their properties. Both Friedli and Scherk charge that the water taken by the golf course this past summer was excessive. Says Scherk, "the amount of the drop in water has been destabilizing. Ecosystems function best when they are stable."

Meanwhile, Rivendell owner Ken Harper denies that the golf course has been taking water beyond agreed upon limits, and states that the amount of water it takes is in accordance with their permits from MOE, and is low compared with many 18-hole courses. “Thousands of ponds went completely dry,” notes Harper. He is confident that Martin Pond is recovering quickly with the late summer and early fall rains.

This scenario raises questions about whose rights to water are to be given priority in the current age, and what the province's role is in encouraging businesses that need water, without infringing on riparian rights or ignoring today's reality of increasing water scarcity.

A high-profile example from recent months is the round of protests over Nestle's use of a Wellington aquifer. A 2015 report from Ontario's environmental commissioner noted, among other things, that many industries, including golf courses, do not pay for water, (while companies such as bottled water producers pay $3.71 per million litres). the Ontario government, presumably in response to this criticism as well as public outcry over Nestle's operations, has recently announced that it will be regulating more closely such water-intensive industries as water bottling and now, golf courses. The ministry has not, however, given specifics to the public on what those measures placed on golf courses might be, and, according to Ken Harper, has not contacted Rivendell to give notice of any changes they can expect for the coming year.

Friedli, meanwhile, says that she, along with the other residents of Martin Pond, would prefer that landowners work out an updated agreement with Rivendell as neighbours, as opposed to relying on the Ministry of the Environment.