The Appellant requests a hearing under section 100 of the Ontario Water Resources Act (OWRA) in respect of conditions 3.4 and 3.5 of the permit. The grounds upon which the Appellant rely to seek alterations to these conditions include that the conditions:
1. would subject the Appellant to mandatory water taking reductions that are not applied uniformly or equitably, or at all, throughout the watershed;
2. are contrary to the structure of Ontario’s Low Water Response Protocol, under which responses to Level 1 Drought and Level 2 Drought are voluntary;
3. are not necessary in order to give the Director the full authority to respond to any level of drought experienced in Ontario;
4. deprive the Appellant of its rights to have any decisions reducing its permitted water takings made by a Director pursuant to the OWRA, and, for any such decisions, to be subject to the hearing rights afforded by section 100 of the OWRA; and
5. would be more appropriately framed as follows:
3.4 The Maximum Taken per Minute and the Maximum Taken per Day provided for in Conditions 3.3 shall be reduced should the Grand River Low Water Response Team declare a Level 1 or Level 2 drought condition in the watershed in which the taking is located, for the duration of the declared drought condition. The reductions shall be in accordance with the Ontario Low Water Response Protocol provided that in no case will a reduction under this Condition 3.4 reduce the permitted takings set out in Table A nor shall it reduce the average daily taking in any month between April 1 and September 30 as provided in Condition 3.3.
Under Level 1 and Level 2 drought conditions the permit holder may, on a voluntary basis, also choose to further reduce the amounts permitted to be taken pursuant to Table A.
3.5 Should the Ontario Water Directors Committee declare a Level 3 drought condition in the watershed in which the taking is located, Condition 3.3 shall not apply for the duration of the declared Level 3 drought.