I write to express strong…

I write to express strong opposition to ERO #025 0730, the proposed amendments to Ontario Regulation 387/04 under the Ontario Water Resources Act (OWRA). While presented as a mechanism to reduce administrative burden, the proposal in fact dismantles essential safeguards that protect Ontario’s water resources, public trust, Indigenous rights, and ecological resilience.

1. Treating PTTWs as Transferable Assets Threatens Environmental Protection
The current regime—which cancels a Permit to Take Water (PTTW) upon a change of property ownership, requiring a fresh application—is not mere bureaucracy. It ensures critical oversight, re‐evaluating:
• The purpose and public interest of the water taking;
• Current hydrological and ecological conditions;
• Re-engagement with affected communities and municipalities;
• Avoidance of concentration of permits among water bottling corporations.
This renewal step is not an inconvenience—it’s a vital checkpoint safeguarding against unchecked groundwater extraction.

2. New Ownership Entails New Risks and Responsibilities
Linking a permit to the legal entity ensures accountability. Changing hands can bring:
• New operators with different compliance track records, financial capacity, or priorities;
• Changes in extraction infrastructure, volumes, or processes;
• Evolving watershed conditions, new science, or shifts in ecological resilience.
By allowing auto‐renewal under old terms, this proposal freezes permit decisions in time, ignoring current realities and technological change. That undermines the precautionary principles enshrined in OWRA.

3. Indigenous Right to Consultation Must Not Be Circumvented
The Haudenosaunee Confederacy Chiefs Council (HCCC) has repeatedly issued cease-and-desist orders in 2021 and 2023, asserting that water-takings at Aberfoyle occurred without any constitutionally required consultations under Section 35.

Automatically rolling over permits upon sale denies Indigenous nations the right to be consulted, effectively erasing chances for fresh engagement and undermining constitutional obligations and provincial guidelines. Facilitating permit continuation without new review is a clear attempt to sidestep both legal and ethical responsibilities.

4. Groundwater Depletion in Context of Climate Instability
Groundwater in Southern Ontario, particularly Wellington County, does not renew quickly. Despite industry assurances—e.g., BlueTriton’s claim of sustainability in 2022—local scientific and community observers remain skeptical.

Against a backdrop of increasing drought and erratic precipitation—documented by IPCC assessments—any deregulation of extraction approval exposes aquifers to irreversible stress, posing risks to drinking water, ecosystems, farming, and future resiliency.

5. Water as a Public Trust, Not a Corporate Commodity
The proposal reinforces corporate interests—shielding bottling firms from scrutiny—while undermining the public’s stake in water. Ontario’s current PTTW system, informed by OWRA and the Water Taking and Transfer Regulation, ensures equitable sharing, conservation, and ecosystem protection.

By reducing transparency and community input, this change aligns with broader trends favoring commodity-driven resource management—where water becomes a private asset, not a public trust—contravening democratic values and long-standing environmental ethics.

6. Public Opposition Underscores Democratic Mandate
Extensive public outcry—32,000+ comments against BlueTriton in 2020, 25,000+ against Nestlé in 2017—underscores broad-based resistance to water-bottling permits.

In Wellington County, groups like Wellington Water Watchers and Six Nations have staged multiple rallies and walked long-distance protests, reinforcing deep and persistent opposition.
These numbers reflect democratic will: Ontario communities overwhelmingly expect new evaluations—and the chance to weigh in—whenever permits change hands.

Conclusion & Recommendations
I urge the Ministry to reject ERO #025 0730 and instead:
1. Retain the rule that PTTWs are not transferable and must undergo new applications upon ownership change.
2. Ensure full environmental assessments, using updated science, site conditions, and extraction methods.
3. Reaffirm duty-to-consult, particularly where Indigenous rights are asserted.
4. Treat water as a public commons, preserving oversight mechanisms ensuring transparency, equity, and resilience.

Ontario must not retreat from the hard-won protections embedded in OWRA. Now is the time for strengthening—not weakening—our commitment to responsible groundwater management, community well‐being, and ecological sustainability.

Sincerely,
Matthew Dutry