A golf course in Kelowna, B.C., is suing the city over what it says is an unfair hike in water fees.
This week, GolfBC filed documents in B.C. Supreme Court asking that a judge set aside a recent amendment to the city’s water regulation bylaws.
Owners of Gallagher’s Canyon Golf Course, GolfBC says “an amendment to the city’s water services bylaw will significantly increase the rate for non-potable water for non-agricultural users by more than 300 per cent by next year.”
GolfBC also says the bylaw will affect only three users: three golf courses located in southeast Kelowna.
“As part of its golf course operations, GolfBC requires access to non-potable water for irrigation purposes,” reads part of the court petition.
GolfBC says it obtains non-potable water from the city, though the now-dissolved South East Kelowna Irrigation District (SEKID) used to provide the area’s water.
That changed, though, in 2018 when SEKID was dissolved and the water system was taken over by Kelowna. GolfBC says it uses around 340,000 cubic metres of non-potable water a year.
“At the time of its dissolution, SEKID charged GolfBC and two other golf courses in the southeast region of Kelowna the agricultural rate for non-potable water, which was effectively $0.045 per cubic meter of water,” says the court document.
This year, though, the city adopted a bylaw amendment, which created a distinction between users.
GolfBC says because of that distinction, the water rate has jumped to $0.10 per cubic metre this year, and will be $0.15 per cubic metre next year.
“Further, GolfBC understands that the city intends to increase the non-potable water rate for non-agricultural users to $0.22 per cubic metre in 2024, which is nearly a 500 per cent increase from the current rate in a two-year span.”
In breaking down the price increase, GolfBC says it paid $15,300 last year in water fees, but is predicting it will pay $34,000 this year, $51,000 in 2023 and $74,800 in 2024.
GolfBC also claims that city staff alerted them in March that a golf course rate was being developed for non-potable water.
However, they weren’t contacted again until May 6, with city staff saying city council would be reviewing a report on May 9.
“The email and staff report did not indicate that the amendment bylaw would possibly be given first, second and third reading at the council meeting scheduled on May 9,” said the petition.
GolfBC says council voted 5-4 to forward the amendment for immediate consideration. Then council voted 7-2 to split the amendment first, second and third readings.
It was passed on Monday, May 16, and “no one at the city advised GolfBC that the amendment bylaw was being put before council for adoption at the May 16 meeting.”
GolfBC also claims the report contained flaws, which proved to be misleading for council.
“The amendment bylaw has a particularly strong impact on GolfBC,” reads the petition, “as it operates the only golf course without farm status.”
The City of Kelowna says it doesn’t have a comment at this time.
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