Saskatchewan landowners fight against illegal drainage washing out land, roads

Lane Mountney spreads a map over his kitchen table at his farmhouse in southeast Saskatchewan, pointing to yellow and orange arrows slithering across the document.
Many of the arrows represent existing channels and ditches, moving across fields and out of wetlands to drain water. The arrows eventually make their way to a creek, causing what he describes as a deluge of problems downstream.
"All these years, guys have gotten away with draining water and the next guy figures he can get away with it," Mountney said in an interview at his farm near Wawota, Sask., about 200 kilometres southeast of Regina.
"If this keeps going like it has, I don't know what Saskatchewan's going to look like in 10 years."
Mountney's map depicts what's called the Wawken Drainage Project, a plan developed by the local watershed group that has since been taken over by the Water Security Agency, which is responsible for overseeing drainage in Saskatchewan.
The project is nearly 14 square kilometres and contains 880 wetlands of various sizes representing a total of 2.4 square kilometres of water.
A project document indicates that 88 per cent of these wetlands have been drained, partially drained or farmed. About 12 per cent remain intact.
Most of this water is supposed to flow into a creek that runs through a parcel of Mountney's land.
The plan developers believe the creek can handle the flows, but Mountney is not convinced.
Last year, he and his wife, Sandra Mountney, dealt with flooding ontheir horses' pasture. They decided not to use their well water at the time because it was yellow.
"They were very excited to tell us that nobody inside the project area is going to lose acres, but they haven't even looked at who's going to lose acres miles down the line." Sandra Mountney said.
Brent Fry, who farms grain and livestock, said it's common for his land to flood for three days when people upstream get 50 millimetres of rain.
He said it has caused roads and access points to erode.
"There are about four farms out there and all they're doing is draining whether they've got permission or not," Fry said. "I don't even know what to do because the government's not doing anything -- they're siding with the big guys."
Farmers have drained water in Saskatchewan for generations and many have done so illegally by digging ditches without permits.
Most producers drain because it allows them to grow more crops, helping them pay for land that has become increasingly expensive. However, it has caused yearly flooding for people downstream. Roads also wash out and habitat gets lost.
At the Saskatchewan Association of Rural Municipalities convention in February, reeves passed a resolution asking the Water Security Agency to require those who are illegally draining to remediate their unapproved works.
Saskatchewan legislation requires upstream landowners to receive permission from those downstream when they want to drain, but many say that's not happening.
Sandra Mountney said the Water Security Agency hasn't been taking concerns seriously.
"It's hard to know who's really protecting our waterways," she said.
The Wawken project began about three years ago but hasn't been completed. It's among many drainage projects underway.
Daniel Phalen, a watershed planner, worked on the project as technician before he left for another job.
He said landowners had been draining water with no permits before the plan. His job was to determine how many wetlands were drained and what works had already been done.
Phalen said the plan was to put in structures that would slow down the drainage to reduce problems downstream.
It's unclear what work had been done on the Wawken project to mitigate flows since Phalen left. The Water Security Agency did not respond to a request for comment.
Phalen said projects can get held up if affected landowners don't come to an agreement. Expropriation is allowed but it's rare, he said.
Another nearby drainage plan, known as the Martin project, has stalled because of landowner concerns.
Researchers have estimated Saskatchewan has lost half of its total wetlands over time for crop production.
Phalen, who also worked on the Martin plan, said it was concerning to see the number of wetlands sucked out.
"The Water Security Agency doesn't have the manpower to do much about it," Phalen said. "There's such low enforcement already that if they had any policies in place, people would just drain anyways. It's kind of a scary problem to be in."
Sandra Mountney said she's worried about losing wetlands because they help recharge groundwater supplies and filter contaminants -- particularly important when it's dry.
The Water Security Agency has released a drainage management framework that aims to prevent flooding and ensure Saskatchewan retains a "sufficient" number of wetlands.
Leah Clark, the Interim Executive Director of Agriculture Water Management, told attendees at a Saskatchewan Farm Stewardship Association meeting earlier this year that 43 per cent of wetlands are retained within approved projects. She added the province has "thriving" wildlife populations.
However, she said under the policy, landowners would be able to select which wetlands to retain.
"It will achieve a working landscape for landowners to continue to use their land for farming and ranching. This approach will allow for new development while retaining current drainage," she said.
Phalen said Saskatchewan could look to Manitoba for solutions to retain wetlands.
Manitoba has historically drained most of its wetlands in the agricultural regions, he said, but the province has since developed a policy where landowners are paid for retaining them.
"You know, $100 an acre is not a ton of money, but it's another incentive to help producers," he said. "It's such a complex problem where you got this huge financial incentive to drain."
Lane Mountney said regulations just need to be enforced.
"It's almost too late," he said. "They should have been out there checking stuff before we got this point."
-- This report by The Canadian Press was first published June 4, 2023
CTVNews.ca Top Stories

U.S. judge rules Donald Trump defrauded banks, insurers while building real estate empire
A U.S. judge ruled Tuesday that Donald Trump committed fraud for years while building the real estate empire that catapulted him to fame and the White House, and he ordered some of the former president's companies removed from his control and dissolved.
Anthony Rota resigns as House Speaker amid condemnation for inviting Nazi veteran to Parliament
Anthony Rota has resigned from his prestigious position as Speaker of the House of Commons over his invitation to, and the House's subsequent recognition of, a man who fought for a Nazi unit during the Second World War. Now, Prime Minister Justin Trudeau is facing calls to apologize, and investigate.
Hollywood writers strike declared over after boards vote to approve contract with studios
Hollywood's writers strike was declared over after nearly five months Tuesday night when board members from their union approved a contract agreement with studios, bringing the industry at least partly back from a historic halt in production.
Five workers picketing in UAW strike hit by vehicle outside Flint-area plant
About five people picketing in the United Auto Workers strike outside a Flint-area General Motors plant suffered minor injuries Tuesday when a vehicle leaving the plant struck them, police said.
ER doctor challenging 'toxic environment' in Ontario hospital after secret investigation based on unfounded murder allegation
After more than 30 years of caring for critically ill patients in emergency and intensive care, Dr. Scott Anderson is preparing to face off against the hospital where he works in London, Ont., in a case described as "unusual" by lawyers and potentially costly for Ontario taxpayers.
Canadian women's soccer team earns Olympic berth with win over Jamaica
The Canadian women's national soccer team has clinched a spot in the 2024 Paris Games after defeating Jamaica 4-1 on aggregate in Olympic qualifying.
Health Canada is recalling these smart plugs over an electric shock risk
Health Canada has issued a recall notice for certain smart plugs due to the risk of electric shock.
Is broadband essential, like water or electricity? New net neutrality effort makes the case
Landmark net neutrality rules rescinded under former President Donald Trump could return under a new push by U.S. Federal Communications Commission chair Jessica Rosenworcel. The rules would reclassify broadband access as an essential service on par with other utilities like water or power.
Comedian Rob Schneider cancels trip to Canada after veteran who fought for Nazis honoured in Parliament
Comedian Rob Schneider says he has cancelled an upcoming visit to Canada in light of last week’s incident in which a Ukrainian veteran who fought with a Nazi unit in the Second World War was given a standing ovation in the House of Commons.