Reserves-Wis-Tyr-TableofContents

FROM WISDOM TO TYRANNY: TABLE OF CONTENTS

Preface, Acknowledgements
Dedication to Stan Rowe and Dr. Joseph Miller Jr.
Executive Summary: Findings and Recommendations
Collage of BC’s Watershed Reserves
Introduction

PART ONE

1. Background History and Description
1.1. What is a Community “Watershed Reserve”?
1.2. Provincial and Federal Legislation on the Protection of Drinking Water
1.2.1. Provincial Forest Reserves and the December 1907 Order-in-Council
1.2.2. The Legislative Intent to Protect Drinking Water
1.2.3. Revisions to the Land Act Reserve Legislation
1.3. The Ministry of Lands’ Management Manual

2. The Secret Program to Erase the Reserves

3. The Invasion

4. The BC Task Force on Community Watersheds

5. The Re-establishment and Creation of Watershed Reserves
6. The Task Force Divides the Reserves into Three Categories

7. Turf Warfare: the Forest Service Rebellion
7.1. Forest Management Atlas Maps and Watershed Reserves
7.2. The Deputy Forest Minister Orders the Rebels to Submit               .
7.3. “Operation Lands Service”
7.4. The Professional Foresters
7.5. The Assault on the Greater Vancouver Watersheds and the Demonstration Forest Directive
7.6. The Pearse Commission and Environmental Protection Areas
7.7   Keeping up Appearances: Watershed Reserves and the Forest Resource Folio System
7.8. “Constraints”? What Constraints?—The 1978 Ministry of Forests Act and the 1980 Forest and Range Resource Analysis Report

PART TWO

8. The Battle for Control: the “Lead Agency” Fiasco; Integrated Watershed Management
    Plans (IWMPs); the Protocol Agreements; the Forest Resources Commission; Crown Land
    Use Plans, Land and Resource Management Plans (and other Higher Use Plans); and
    the Forest Practices Code Act
8.1. 1980-1985: The Ministry of Forests Maneuvers to Assert Control as “Lead Agency”
8.1.1. Apsey’s Bugle Call
8.1.2. The Birth of Appendix “H”
8.1.3. Let’s Slice and Dice the Water Act
8.1.4. Pressure by Forest Licensees
8.1.5. Appendix “H” Hits the Fan
8.2. The Implementation of Integrated Watershed Management Plans (IWMPs)
8.2.1. The Trigger and the Chief Forester
8.2.2. The White Paper Recommendation Gets Trashed
8.2.3. The Order to Attack
8.2.3.a. The Big Eddy Water District Guinea Pig
8.2.3.b. The Creston and Wynndel Irrigation District Guinea Pigs
8.2.4. Appendix H
8.2.5. Status of the IWMPs
8.3. The Protocol Agreements
8.3.1. The 1985 Protocol Agreement
8.3.2. The 1993 Protocol Agreement
8.4. The 1990s: The Forest Resources Commission, Land Use Plans (LUPs), Land and Resource Management Plans (LRMPs) and the Forest Practices Code Act
8.4.1. The Commission on Forest Resources
8.4.1.1. The Ecosystems of BC Research Report Emphasizes and Affirms “Intact Forest Cover”
8.4.1.2. The Resource Inventory Committee’s Watershed Task Force
8.4.2. 1992 Following: The Introduction of New Land Planning Legislation
8.4.3. Land Use Plans (LUPs) and Land Resource Management Plans (LRMPs)
8.4.4. CORE and LUCO Protection Politics at City of Nelson’s Five Mile Creek and Erickson/ Creston’s Arrow Creek Watershed Reserves
8.4.5. The Community Watershed Guidelines Committee and the Forest Practices Code Act

PART THREE

9. The Paris Judgment and Pandora’s Box
9.1. Myth Claim One: the Reserves were Never Created
9.1.1. Surveyor General Charles Salmon’s Affidavit
9.1.2. Richard Donald Miller’s Affidavit
9.1.3. Robert Alan McArthur’s Affidavit
9.2. Myth Claim Two: Ministry of Forests has Absolute Authority to Prevent the Placement of Land Act Reserves within Provincial Forests
9.3. The Paris Judgment Rebuttals
9.3.1. The “Single Use” Legacy
9.3.2. The “Minister”
9.3.3. Early Statutes Overlooked
9.3.4. The Magna Carta and the Task Force
9.3.5. In the “Public Interest”
9.3.6. The Forest Service Disobeys Orders
9.3.7. Transferring Land Act Reserves into the AAC
9.3.8. The Ministry of Environment Overrides the Ministry of Forests
9.3.9. The Referral System
9.3.10. The Provincial Forests Myth
9.3.11. The Sunshine Coast Shuffle
9.3.12. What if the Petitioner had Access to All Government Records?

10. The Bull Run Watershed Reserve and the United States Supreme Court
10.1. The Legislative Connection between the United States and Canada
10.2. Joseph Miller et al Versus the US Forest Service

11. The After Shocks: The Paris Judgment as Precedent
11.1. Calls to the Minister of Lands and her Train
11.2. The Machinations (Post-1997)
11.2.1. The Chapman/Gray Integrated Watershed Management Plan
11.2.2. The Irvine Creek Category One Watershed Reserve
11.2.3. The Elk Creek Category One Watershed Reserve
11.3. Another Discovery – Demoting the Reserves into “Notations of Interest”
11.3.1. Logging in Town and Dickey Creek Category One Watershed Reserves
11.3.2. Flaws and Changes in the Ministry of Lands’ Reserve Data List
11.3.3. Examining the Land Management Manual and the Rationale for the Demotion
11.4. The Forest Practices Code Act Revision, Bill 35 and the BC Liberals
11.5. The Campbell Government Quietly Overhauls the Land Management Manual

12. Summary, Conclusion, and Recommendations

Collage of BC’s Watershed Reserves
Timeline of Events

References

Appendices

Appendix A—Stan Rowe (Dedication)
Appendix B—“Clean Water” Resolutions by the U.S. National Association of State Foresters and the role of BMPs (Chapter 3)
Appendix C—1980 List of Watershed Reserves (Chapters 6, 9.1.1.)
Appendix D—Excerpts from the 1980 Ministry of Forests Analysis Report, Concerning Community Watersheds (Chapter 7.7)
Appendix E—Summary Profile of Mike Apsey (Chapter 8.1.1)
Appendix F—Status List of Integrated Watershed Management Plans (Chapter 8.2.5)
Appendix G—BC Tap Water Alliance May 22, 2002 Press Release: Campbell Government Cuts Drinking Water “Watchdog” with Bill 35 - Calling it “Red Tape” (Chapter 8.3)
Appendix H—Regional Forest List (Chapter 8.4.5)
Appendix I—List of Provincial Forests (Chapter 9.3.10)
Appendix J—Extracts from Land Management Manual Reserve Policies (Chapter 11.3.3)
Appendix K—Ministry of Crown Lands Chronology

EXHIBITS

Introduction

1. Map copy of provincial Order-in-Council #184 (1905), the Capilano Watershed Reserve.
2. Railway Belt map across British Columbia, with five federal departmental divisions.
3. Western half of the Railway Belt—index map showing Timber Berths.
4. Early Dominion map of the Coquitlam Conservation Reserve.
5. Timber berths on the edge of the Coquitlam Watershed Reserve.
6. Early provincial map of the East Canoe Creek Watershed Reserve.
7. District of Salmon Arm resolution for the protection of East Canoe Creek, January 8, 1973.
8. December 11, 1974, newspaper article, Salmon Arm Observer, re: more logging for East Canoe Creek.
9. Letter from Minister of Forests Robert Williams to District of Salmon Arm, January 1973.
10. Quote from E.A. Cleveland’s October 1922 report on the recommendation to the Minister of Lands
       to protect the Greater Vancouver watersheds from logging.
11. Quote from E.A. Cleveland’s February 24, 1924 address to the Engineering Institute of Canada.
12. Photo of logging in Cypress Bowl, Class “A” provincial park, West Vancouver, January 30, 1970.

Part One (Chapters 1-7)

13. Posted Canadian federal Trespass Notice, 1910, regarding the Coquitlam Watershed Reserve.
14. Posted American federal Tresspass Notice, 1904, regarding the Bull Run Watershed Reserve, east of Portland, Oregon.
15. Photo of Ray Williston, Social Credit Minister of Lands, Forests and Water Resources, 1965.
16. Photo of bound volumes of early provincial Orders-in-Council.
17. Early Watershed Reserve on northern tip of Bowen Island.
18. Watershed Reserves over Capilano and Lynn Creeks.
19. New Watershed Reserve policy for the Lands Ministry, September 1, 1980.
20. Old Watershed Reserve, Ladybird/Norns creeks, north of Castlegar.
20-a. May 2, 1967, correspondence from the Sunshine Coast Regional District requesting the government place a
          Watershed Reserve over Chapman Creek.
20-b. Public relations tour in the Capilano watershed by the Capilano Timber Company, early 1920s.
21. Excerpt from the 1957 BC Forest Service report, Forest Inventory of British Columbia.
22. Map and list of sustained yield units and Tree Farm Licences in BC (from Pearse Forest Commission), 1976.
23. Photo of forestry panel members, Fifth Annual Natural Resources Conference, Victoria, 1952.
24. Seattle City Water Department letter from Water Superintendent Morse to Weyerhaeuser, January 13, 1943.
25. Newspaper advertisement regarding logging controversy in Seattle City’s watershed, March 1954.
26. Photo of Weyerhaeuser Timber Company employees, 1944.
27. Collage of Seattle forester Allen E. Thompson’s articles and conference presentations, 1948-1963.
28. September 12, 1969 Department of Health Services memo to the Naramata Irrigation District.
29. Provincial Water Resources Service memo, December 20, 1973.
30. Collection of provincial Water Resources department memos concerning Arrow Creek Watershed Reserve.
31. Early map showing Town of Armstrong’s Watershed Reserve.
32. Early map of Fortune Creek, Watershed Reserve for town of Enderby.
33. Early map showing Watershed Reserve for town of Lillooet over Town Creek.
34. November 3, 2004, letter from the Township of Spallumcheen to the B.C. Tap Water Alliance.
35. Map of Town of Lumby’s Watershed Reserve, Duteau Creek.
36. Map of Naramata Creek, water source for Naramata, Okanagan Valley.
37. Correspondence from the Sunshine Coast Regional District, September 6, 1974, and return
       correspondence from Community Watersheds Task Force Chairman Ben Marr, September 17, 1974.
38. Map of early Watershed Reserves on northern shore of the West Arm of Kootenay Lake.
39. Map of early Watershed Reserve for Nelson City’s Five Mile Creek.
40. Map of early Watershed Reserve over Quartz Creek, for town of Ymir.
41. “No Timber Sales”—the standard declaration on early Watershed Reserves—maps for Peachland
       and Irish Creek watersheds, northern Okanagan Lake area.
42. Penticton Herald newspaper article on the placement of Watershed Map Reserves in the Okanagan, February 25, 1974.
43. Map of six Watershed Reserves near the town of Trail.
44. Map of Revelstoke’s Watershed Reserve at Greely Creek.
45. Map of four Watershed Reserves north of the City of Nelson.
46. Map of Watershed Reserve for town of Elko.
47. Map of Watershed Reserve for town of Lytton.
48. Map of Watershed Reserve for town of Penticton’s Ellis Creek.
49. Map of Watershed Reserves along the lower half of the Sea-to-Sky Highway (#99).
50. Map of Watershed Reserve over D’Arcy Creek, for the town of D’Arcy.
51. Map of Little Zeballos River Watershed Reserve.
52. April 1981 correspondence from the Nelson Watershed Committee.
53. April 1981 correspondence from the City of Nelson.
54. Photo of old BC Forest Service Canvas maps.
55. Collage of memos from Chief Forester I.T. Cameron and response memos from regional managers, 1973.
56. Lands department form for Watershed Map Reserve, China Creek, 1967.
57. Map of China Creek Watershed Reserve.
58. Lands department Reserve status data for China Creek Watershed Reserve.
59. Ministry of Lands Map Reserve continuance memo for the China Creek Watershed Reserve.
60. Excerpts from Nelson daily newspaper, February 23, 1981, regarding public protest about uranium
       mining proposal for China Creek.
61. Front cover of the March/April 2000 Forum, the Association of BC Forest Professional’s journal.
62. Photos of C.D. Schultz Company senior partners, professional foresters C.D. Schultz and David Bakewell (1960s).
63. Recent photo of David Bakewell, April 19, 2005.
64. Letter from Chief Forester L.F. Swannell, September 2, 1966.
65. Early map of Victoria’s protected watershed, Sooke Lake area.

Part Two (Chapter 8)

66. Segments of a memo from BC provincial Chief Forester Bill Young, March 13, 1981.
67. Excerpts of a letter from Chief Forester Bill Young, March 13, 1981.
68. Letter from the Perry Ridge Water Users Association to BC Minister of Forests Waterland, June 1, 1984.
69. Excerpt from ForestTalk Magazine interview with Dr. Bruce Fraser, BC Ministry of Forests
       Public Involvement Coordinator.
70. Memo from BC Ministry of Environment Nelson Regional Manager Oswald, July 23, 1985.
71. Photos of Deputy Minister of Lands John C. Johnston, and Assistant Deputy Minister Bob Ahrens.
72. Letter of request for a Watershed Reserve from newly formed Big Eddy Water District, 1950.
73. Letter from Community Watersheds Task Force Chair Ben Marr to Chilliwack resident, November 21, 1975.
74. Early map of Big Eddy Water District’s Watershed Reserve over Dolan Creek.
75. Photo of Dolan Creek Watershed Reserve from downtown Big Eddy.
76. Forest Atlas map of Dolan Creek Watershed Reserve, 1970s.
77. July 8, 1982 letter from the Erickson Improvement District to Kootenay Lake Forest District Manager J.P. Sedlack.
78. 1950s Forest Atlas map showing Arrow Creek Watershed Reserve, Game Reserve and Health District.
79. Map showing Watershed Reserves over Sullivan Creek, Camp Run Creek and Lister Creek near Creston.
80. November 20, 1985, Kootenay Region Ministries of Environment and Forests watershed planning priority list.
81. November 29, 1988, memo from Ministry of Forests’ Planning forester D.A. Currie.
82. Table of all BC Watershed Reserves from the 1991 Ecosystems of BC Forest Service report.
83. Map of Town of Pemberton’s Watershed Reserve at Pemberton Creek.
84. Early map showing Game Reserve on Capilano and Seymour rivers.
85. Game Reserve on Arrow Creek vanishes on Forest Altas map; timber harvesting trespass, 1960s.
86. Tables from the Ministry of Environment’s Community Watershed Guidelines, 4th Draft, August 2, 1994.
87. Ministry of Forests Gazette notice on cancellation of Michelle Creek Watershed Reserve, 1997.

Part Three (Chapters 9-11, Conclusion)

88. Three 1991 and 1992 newspaper article excerpts about the Sunshine Coast Regional District suing the BC Forest
       Service regarding destructive logging practices in its Chapman and Gray Creek Watershed Reserves.
89. Excerpt from the Ministry of Environment’s October 1980 Community Watershed Guidelines document.
90. June and July, 1997 newspaper article excerpts about BC Premier Glen Clark.
91. Letter from the Sunshine Coast Watershed Reserve Subcommittee to BC Ministry of Forests Sunshine Coast District
       Manager Greg Hemphill, May 4, 1994.
92. BC Ministry of Lands’ tenure data for Chapman Creek Watershed Reserve, July 22, 1975.
93. Map of lower reach of Chapman Creek Watershed Reserve.
94. Early maps showing Watershed Reserves over Bartlett Creek for town of Silverton, 1950s.
95. Excerpt information about Category One Reserves (showing Bartlett Creek), from the BC Ministry of Environment’s
       October, 1980 Community Watersheds Guidelines document, Appendix G.
96. BC Lands Department legal survey map of Bartlett Watershed Reserve, 1970s.
97. Quote from the Ministry of Environment’s October, 1980 Community Watersheds Guidelines document.
98. Excerpt from the BC Ministry of Environment’s June 1977 draft, Guidelines for Watershed Management.
99. BC Lands’ Ministry computer data information on Bartlett Creek Watershed Reserve, July 1973.
100. Early Lands department form for Bartlett Creek Map Reserve.
101. BC Land Act map reserve memo over town of New Denver’s water supply, 1952.
102. Bartlett Creek Watershed Reserve, Forest Atlas map, 1991.
103. July 1997 newspaper articles concerning the blockade and arrests at Bartlett Creek.
104. November 23, 1982, memo from the Director of Surveys and Land Records Branch on the status of BC provincial
         Watershed Reserves.
105. The arrest of Anglican Minister David Herreshoff.
106. Collage of newspaper articles concerning the blockade and arrests at Bartlett Creek.
107. September 17, 1997 newspaper article, “Slocan Forest Products sues protesters”.
108. January 8, 1979, submission by the BC Water Investigations Branch regarding BC Ministry of Forests’
         Forest Resource Analysis draft paper.
109. BC Ministry of Forests’ Inventory Branch Ownership Codes.
109-a. Recent photo of a fallen sign, indicating the dry land logging sort owned by International Forest Products at the foot
            of the Gray Creek Watershed Reserve.
109-b. Premier Gordon Campbell promising funds to clean up BC’s drinking water (Vancouver Province newspaper).
109-c. BC Tap Water Alliance advertisement advocating Watershed Reserves, March 2001.
109-d. Series of excerpts from Judge Burns’ March 5, 1976 Opinion, regarding the Bull Run Watershed Reserve.
110. Collage of newspaper clippings regarding the Bull Run court decision, Portland, Oregon, March 1976.
110-a. Photo of retiring Oregon Senator Mark Hatfield, 1996.
110-b. Front cover of Dr. Joseph Miller’s 1985 booklet about the Bull Run watershed.
111. Photo of BC Ministry of Lands central Reserve files.
112. Photo of report author reviewing the government’s Forest Atlas maps.
113. Revised Crown Lands Legal Survey map with deletion of Bartlett and Mountain Chief Watershed Reserves, 1998.
114. Map of Irvine Creek Watershed Reserve.
115. Photo of former Premier Mike Harcourt and Parks administrator Derek Thompson.
116. Map of early Reserve over Chilliwack’s watersheds.
117. Another map of early Reserve over Chilliwack’s watersheds.
118. Map of re-reserved Dunville and Nevin Watershed Reserves.
119. Map of re-reserved Elk Creek Watershed Reserve.
120. Photos of recent road building and logging in town of Lillooet’s water supply, Town Creek.
121. Photo of BC Legal Survey maps collection at Surveyor General’s building, Victoria, BC.
122. Opening page of the former section on Watershed Reserves in the Land Management Manual.
123. Collage of three recent BC government reports on the public’s drinking water.
124. Photo of the ceremony and signing of an Accord between the Sechelt First Nation and the Sunshine Coast Regional
         District at the Sechelt Nation Longhouse on the resource protection of Chapman and Gray Creek Watershed Reserves,
         October 1, 2005.