VANCOUVER – For 20 years, either the federal or provincial government held the licence for a dam near Oliver that collapsed in June, during a time when inspectors were warning the structure was a “hazard,” internal government documents show.
It appears few or no repairs were done to the Testalinden Lake Dam during those two decades, from 1967 to 1987; and for the last six of those years, the governments were trying to transfer responsibility for the structure to a private citizen (who now holds the water licence), according to documents obtained by The Sun through a Freedom of Information request.
When that transfer process was mired in administrative hurdles, one senior provincial bureaucrat wrote in 1988 that both the provincial and federal governments had been attempting to transfer the dam to a new licensee “to relinquish the responsibility for maintenance and operation” of the dam “which [had] been in urgent need of replacement for some years.”
The documents raise the legitimate question of why the two levels of government didn’t fix the ill-fated dam when provincial inspectors started warning nearly a half century ago that it could collapse.
When Ace Elkink of Elkink Ranch took over the licence in 1987 or 1988, it appears he did not adequately repair the dam either, despite repeated requests by the province.
On June 13, the dam collapsed, causing damage to 25 properties, spewing water and mud over crops and washing away five homes.
The Solicitor-General’s Ministry released a report on the case in July, suggesting the current owner (Elkink) had been “responsible for the structure since 1981.”
But the report goes on to say the paperwork “is not clear” as to when, between 1981 and 1987, responsibility for the dam was officially transferred to Elkink from one of the levels of government.
That crucial issue is one of the pieces of this puzzle still under review by the province’s Commercial Environmental Investigations Unit, said David Currie, spokesman for B.C.’s Ministry of Natural Resource Operations.
The unit is also investigating “possible violations of the dam safety regulations,” and should it find any wrongdoing, a report could be forwarded to Crown counsel for consideration of charges, he said.
For that reason, Currie said this week, the ministry would not respond to any questions posed by The Sun about its FOI documents until the investigations unit completes its review.
Based on the documents, this is a timeline of ownership and concerns raised about the dam, which was built for irrigation purposes in 1937 by an orchardist:
“¢ 1942: An engineer noted “potential damage due to failure [of the dam] might be large in view of the very steep creek grades below the reservoir.” The repairs were apparently made, although the name of the owner is blacked out.
“¢ 1961: Further repairs were requested of the private owner.
“¢ 1967: The federal government’s National Research Council took over the licence so the dam could provide water for a proposed observatory on Mount Kobau.
“¢ 1977: A provincial dam inspector found the condition of the dam “deplorable,” which was brought to the attention of the B.C. Ministry of Forests because it had a fire road adjacent to the dam.
“¢ 1978: The province warned the federal government an inspection showed the dam was in danger of failing. “The dam in its present condition is a hazard to life and property to some of the settled areas along the Osoyoos-Oliver Highway which lies downstream of Testalinden Lake dam. We recommend that the dam either be breached or reconstructed.”
“¢ 1980: The province sent a similar letter to the federal government, warning the dam “endangers the settled areas downstream.”
“¢ 1981: After the observatory project was cancelled, the federal government signed “abandonment” documents. Elkink wanted to obtain the licence and it was placed in his name “for rental purposes” pending the completion of the official transfer.
“¢ 1983: The transfer to Elkink was never completed because of “confusion” over ownership and other issues, so control of the dam reverted to the province.
“¢ 1985: Neil Banera, then head of water allocation with the Ministry of Environment, told Elkink the dam was “a hazard” and needed to be replaced.
“¢ Jan. 13, 1987: The province, which still held the official licence for the dam, applied to transfer it to Elkink.
“¢ Feb. 3, 1988: A senior Ministry of Environment employee told Banera there was a problem with the transfer of the “storage licence” for the dam.
“¢ March 4, 1988: Banera appeared to be worried about the liability to the government.
“One of the major reasons why the [B.C. Ministry of Forests and Lands] and the previous licensee [the federal government] were attempting to transfer this licence was to relinquish the responsibility for maintenance and operation of the storage works, which have been in urgent need of replacement for some years,” Banera wrote. “Who would be responsible should the dam fail before the new works are completed?”
“¢ July 1988: Banera told Elkink a government inspection had shown “this structure is in a very poor state of repair. The dam has reached the end of its lifespan and should be replaced.”
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