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Central Saanich faces civil claim over Maber Flats flooding

Owners of Silver Rill Corn allege loss of farmland due to District policies, lack of remediation
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Central Saanich council at a recent meeting. The District is being sued by the owners of Silver Rill Corn Ltd. over the alleged inaction of the municipality to adequately address flooding at Maber Flats. (File)

Kenneth and Wendy Fox, owners of Silver Rill Corn Ltd. have sued the District of Central Saanich over farmland they claim has become difficult to farm as a result of land use decisions that have caused flooding.

In a civil claim, registered in B.C. Supreme Court on July 14, 2017, the plaintiffs allege the District of Central SaanichB次元官网网址檚 ongoing allowance of residential and commercial development, in the Maber Flats area in particular, has led to increased flooding. They claim the DistrictB次元官网网址檚 failure to B次元官网网址渋mplement effective drainage systemsB次元官网网址 has rendered 10 acres of their farmland B次元官网网址渦nfarmable.B次元官网网址

The District of Central Saanich, according to B.C. Court Services, has not yet filed a response to the claim.

The plaintiffs state they successfully farmed 22 acres between 1991 and 2007 - the point at which increased flooding and insufficient drainage, particularly to 10 acres of their property within the Maber Flats area.

The claim details a series of reports started by the District in around 1994, with respect to flooding and drainage issues at Maber Flats - and only commenced to implement drainage systems in 2014, B次元官网网址渋n an effort to effectively deal with, and lessen the effects of the increased flooding B次元官网网址次元官网网址

B次元官网网址淭o date, the District has failed to satisfactorily complete the implementation of drainage or other systems,B次元官网网址 the statement reads, in part.

The owners of Silver Rill Corn say this has prevented them from farming the land and reduced its value, despite their own efforts to pump out the water.

In their notice of claim, the plaintiffs are seeking damages for loss of land value and enjoyment of the property. They are calling for an injunction that would force Central Saanich to implement the drainage systems necessary to reduce flooding on those lands B次元官网网址渢o a level in which the plaintiffs are able to farm those 22 acres B次元官网网址次元官网网址

The District held an to detail their drainage plans for Maber Flats. At that time, Clayton Fox, who is related to the owners of Silver Rill Corn Ltd., said heB次元官网网址檚 happy to see it moving forward as they havenB次元官网网址檛 been able to use their land effectively for years.

B次元官网网址淚tB次元官网网址檚 a 22 acre piece over there, so itB次元官网网址檚 the most affected piece to this project,B次元官网网址 he said at the time, adding thereB次元官网网址檚 an increasing amount of water entering the area, so the water table is too high to farm well.

B次元官网网址淚t just keeps getting worse B次元官网网址 because of new development in the area and more run-off water and things like that, so itB次元官网网址檚 pretty much been like a stagnant piece of land for us for six or seven years. We havenB次元官网网址檛 even been able to plant on it so it forces us to lease other areas.B次元官网网址

The District has contracted Aqua-Text Scientific Consulting Ltd. to pull together background information and collect any historical information they can about the site. Aqua-Tex is also trying to consult with people about current uses and the wish list of what people want to see there.

B次元官网网址淎nd then our job is to try and integrate that with the zoning requirements, the agricultural land commission requirements and the DistrictB次元官网网址檚 requirements,B次元官网网址 said Project Manager Cori Barraclough.

The plan has from farmers in the community.

Larry Sluggett, who is on the Peninsula and Area Agricultural Commission (PAAC), has concerns primarily about the benefits of the DistrictB次元官网网址檚 Maber Flats project and whether there really are any.

B次元官网网址淭he plan is to build a 20 or 25 acre lake to gather water,B次元官网网址 he told the PNR in 2016. B次元官网网址淭he farming community feels that they donB次元官网网址檛 have enough information to justify it.B次元官网网址

No cost estimate has been provided yet for the DistrictB次元官网网址檚 Maber Flats plan.

In a Saanich Peninsula in March, Central Saanich Councillor Naill Paltiel pointed to plans to work toward implementing the Maber Flats plan in 2017.





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