July 10, 2007 Sierra Club of Canada Atlantic Canada Chapter Legislation protecting Turtle Creek and other N.B. potable water watersheds Open letter The Atlantic Canada Chapter of the Sierra Club of Canada requests urgent measures be taken by the New Brunswick Legislature to protect Turtle Creek and other potable water watersheds. Currently, uranium and hydrocarbon exploration activities threaten the Turtle Creek watershed, exposing this potable water body to irreparable pollution damage. Potable water is at once a human right and dire human necessity, thus the need for binding legislation to ABSOLUTELY PROSCRIBE, under criminal sanction, these and analogous industrial activities, also legislating out any and all possibilities throughout New Brunswick public and private statutory law for the exercise of Executive government discretion. In the case of Turtle Creek, it is possible more than 100,000 people in the Greater Moncton region of New Brunswick will lose a safe source of drinking water. The cost of the loss of drinking water to a municipality of this size would be equivalent to NNN . This does not include “hidden” services that an intact watershed provides for New Brunswickers, such as recreation opportunities, waste treatment, food production, nutrient cycling, erosion control, and other vital ecosystem functions. In addition, New Brunswick’s Climate Change Action 2007-2012 plan predicts a decrease in seasonal water availability, due to higher temperatures and evaporation rates, making it all the more important that current water resources are protected. In order to prevent substantial losses to the quality of life of New Brunswickers, and to ensure safe drinking water, we propose: (a) 100% environmental protection of 100% of the Turtle Creek Watershed Area, AND 100% of all other PRESENT AND FUTURE SUCH Designated Water Areas under the Clean Water Act, (b) a clear provision prohibiting and overriding, for the geographic areas described in (a) above, all possible developmental activities otherwise prescribed by law. Without in any way limiting the generality of the foregoing prohibition, this would specify hydrocarbon and mineral exploration INCLUDING oil and gas pipeline facilities, all manner of mineral extraction, mining and earth excavation, all activities that cause important degradation and pollution to water and its natural environment, (c) a Lieutenant Governor-In-Council power, which is to be exercised no later than 30 days after this legislation comes into force by ROYAL ASSENT(and not by Cabinet proclamation), prescribing termination of exploration permits and other developmental authorities previously granted for the geographic areas described in (a) above, (d) a clear provision at once (d.1) safeguarding vested economic development rights in circumstances where termination of previous authorities under (c) would cause substantive prejudice to private property interests, and (d.2) prescribing criminal penalties for water pollution arising from the ongoing exercise of such vested economic development rights. On coming into force of this legislation, industrial facilities and undertakings currently operating in potable water watersheds continue, subject to water pollution criminal penalties commensurate with the amount of damages their pollution causes to the public interest. This latter “polluter pay” principle applies equally to criminal penalties charged against violators described in (b) above. This same principle also necessitates a much stricter monitoring of potable water watersheds by N.B.Environment Department field personnel, AND (e) a clear provision allowing citizens to petition the Attorney General of N.B. to investigate the laying of criminal charges against persons in breach of the legislative prohibitions described in (b) and (d) above. As exploratory work is proceeding within the Turtle Creek Watershed, we consider this matter to be extremely urgent. We request that the N.B. Executive Council provide an assessment of the above proposed measure at their upcoming summer meeting. We look forward to hearing how you will proceed to protect Turtle Creek and other potable water watersheds within our Province. Sincerely, Jean-Paul Bourque Executive Committee Atlantic Canada Chapter Sierra Club of Canada E-mail: gretchenf@sierraclub.ca jeanpaulbourque@gmail.com