Special Bulletin

Temporary Protection Order in the Bessette Creek watershed

 

This special bulletin provides an update on drought conditions and water levels in the Bessette Creek watershed only

Overview

Water flows in the Bessette Creek watershed have fallen far below what fish and aquatic life need to migrate and survive. Last month, the Province asked water users to voluntarily reduce how much water they were taking, and producers responded by adopting an aggressive coordinated irrigation schedule and other measures to reduce agricultural water use. Despite these significant efforts on the ground, flows have continued to worsen due to ongoing severe drought and are now near their lowest ever recorded. The Minister of Water, Land and Resource Stewardship has therefore issued a Fish Population Protection Order for the Bessette Creek watershed, effective August 28, 2026.

The Order requires that irrigation of forage and grass crops, including grass/legume, alfalfa/grass, and corn, must stop as of August 28, 2026. Irrigating non-forage crops such as vegetables, fruit, and nursery containers may continue. The Order also requires other identified water uses to stop as of this date.

Only those water users in the Bessette Creek watershed who are affected by this Order will receive a copy in the mail soon (not all agricultural producers are affected). The Order takes effect on the date shown in the Order, not when the letter arrives.

See the Ministry of Water, Land and Resource Stewardship’s Information Bulletin for more details and contact information.

If a fire occurs on a property or there is an immediate risk of a fire spreading to property, water may be used to fight the fire even while the Fish Population Protection Order is in effect. Any water diverted from a stream for these emergency purposes must be returned to the stream as soon as the fire has been brought under control and extinguished.

Figure 1: Map of the Bessette Creek watershed, in the vicinity of Lumby.

What you should know about Fish Population Protection Orders?
  • A Fish Population Protection Order is a regulatory tool under the Water Sustainability Act. It temporarily suspends the rights of water users to draw water from a stream, its tributaries, and connected groundwater sources in order to protect fish. These orders are only used as a last resort, after other steps have already been taken to protect streamflows (e.g., voluntary reduction requests, investigations into unauthorized water use, orders to release stored water into streams).
  • Fish Population Protection Orders do not follow the “First in Time, First in Right” (FITFIR) rule. This means older water licences are not given priority over newer ones. The goal is to restore flows as quickly as possible to protect the survival of at-risk fish populations.
  • When choosing which legal tool to use, the Province considers both scientific data and the economic and social impacts on the community. In some areas, applying FITFIR could cut off drinking water or livestock water supplies. All of these factors are weighed before a decision is made. See the Water Use During Scarcity webpage to learn more about the tools the Province can use during water shortages.

How are farmers and agricultural water users considered in a Fish Population Protection Order?

  • By law, the Minister of Water, Land and Resource Stewardship must give “due consideration to the needs of agricultural users” before issuing a Fish Population Protection Order (Water Sustainability Act, Section 88). The Ministry of Agriculture and Food provides information about possible economic and other sector impacts to help inform the Minister’s decision.
  • All licensed or authorized water uses in the watershed are reviewed when considering a Fish Population Protection Order. Agricultural water users (i.e., those irrigating) are not specifically targeted, but they may feel impacted more than others because some water uses have been left out of the Order, either to reduce the total impact to the community (e.g., drinking water supply, livestock watering, high-value perennial crops) or because stopping them is not expected to have a big impact on improving streamflows.
  • In the Bessette Creek watershed, most water licences are held by agricultural users (mainly forage irrigation).

What are the current conditions in the Bessette Creek watershed?

Water levels in Bessette Creek are among below the lowest levels previously recorded for this date. Water flows are so low that the survival of the endangered Chinook salmon population is threatened.

Figure 2: Hydrograph for Bessette Creek as of August 28, 2026

The above hydrograph (Figure 2) for the Bessette Creek above Beaverjack Creek (08LC039) station shows 2026 daily stream flow (solid black line), median streamflow (solid grey line), 2025 daily streamflow (dashed black line), the Fish Population Survival Threshold (FPST; dashed red line), and the historical streamflow percentiles (as of August 28, 2026), all in cubic meters per second (cms). The FPST is the level below which fish populations are at serious risk. Flows in Bessette Creek are close to their lowest recorded for this time of year and are below the FPST. The FPST has now increased (more water needed in the system) to support fish migration and spawning of adult Chinook salmon that have arrived in the system. With little rain in the forecast, flows are expected to stay below the FPST unless further action is taken.

What can agricultural water users do?

Will agricultural producers lose their Farm Class status for not meeting the income threshold due to water restrictions?
  • A single year of reduced farm income caused by drought or other extraordinary events does not automatically result in the loss of Farm Class status. Farmers must earn a minimum amount of income from their farm operation in at least one of two reporting periods and make a sale of some qualifying agricultural product in every reporting period. So, if a producer cannot meet their threshold this year because of water restrictions, they would need to meet the threshold next year.
  • BC Assessment cares most that the land is still being used for agricultural purposes, even if the income threshold for Farm Class status cannot be met. Producers should contact BC Assessment for advice about their individual circumstance (see contact information below).
  • The Classification of Land as a Farm Regulation includes an Exceptional Circumstances provision that allows sales or production requirements to be waived when events, including natural disasters, beyond a farm operator's control make compliance impossible to meet.

Who do I contact if I have questions?

 AgriserviceBC Website

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