The Hamilton Golf and Country Club Limited operating as Hamilton Golf and Country Club - Permit to take water

Instrument type: Permit to take water

ERO number
019-6808
Ministry reference number
7763-CP8LB4
Notice type
Instrument
Act
Ontario Water Resources Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Decision
Decision posted
Comment period
March 22, 2023 - April 21, 2023 (30 days) Closed
Last updated

This consultation was open from:
March 22, 2023
to April 21, 2023

Decision summary

The Permit to Take Water No. 8085-D4CLGS was issued to Hamilton Golf and Country Club on May 1, 2024, for 5 years for commercial purposes to renew the permit 6406-AXVKFA. Water will be taken from four wells, one ponds, and Ancaster Creek related to golf course irrigation activities, located in the City of Hamilton, Ontario.

Location details

Site address

232 Golf Links Road
ANCASTER, ON
Canada

Site location details

Lot 45 and 46, Concession 3

Site location map

The location pin reflects the approximate area where environmental activity is taking place.

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Proponent(s)

The Hamilton Golf and Country Club Limited operating as Hamilton Golf and Country Club
232 Golf Links Road
Ancaster, ON
L9G2N5
Canada

Decision details

The Permit to Take Water No. 8085-D4CLGS was issued to Hamilton Golf and Country Club on May 1, 2024, for 5 years for commercial purposes to renew the permit 6406-AXVKFA. Water will be taken from four wells, one ponds, and Ancaster Creek related to golf course irrigation activities, located in the City of Hamilton, Ontario.

Details of the water taking is as follows:

Source name: TW1-05

  • purpose of water taking: commercial - golf course irrigation
  • source of water: well - drilled
  • maximum rate (litres per minute): 113.00
  • maximum number of hours of taking per day: 24
  • maximum volume (litres) per day: 163,000.00
  • maximum number of days of taking in a year: 215
  • earliest calendar date of taking (mm/dd): 01/01
  • latest calendar date of taking (mm/dd): 12/31
  • period of water taking: 5 years

Source name: TW4-05

  • purpose of water taking: commercial - golf course irrigation
  • source of water: well - drilled
  • maximum rate (litres per minute): 180.00
  • maximum number of hours of taking per day: 24
  • maximum volume (litres) per day: 259,000.00
  • maximum number of days of taking in a year: 215
  • earliest calendar date of taking (mm/dd): 01/01
  • latest calendar date of taking (mm/dd): 12/31
  • period of water taking: 5 years

Source name: TW5-05

  • purpose of water taking: commercial - golf course irrigation
  • source of water: well - drilled
  • maximum rate (litres per minute): 341.00
  • maximum number of hours of taking per day: 24
  • maximum volume (litres) per day: 491,000.00
  • maximum number of days of taking in a year: 215
  • earliest calendar date of taking (mm/dd): 01/01
  • latest calendar date of taking (mm/dd): 12/31
  • period of water taking: 5 years

Source name: TW8-06

  • purpose of water taking: commercial - golf course irrigation
  • source of water: well - drilled
  • maximum rate (litres per minute): 170.00
  • maximum number of hours of taking per day: 24
  • maximum volume (litres) per day: 245,000.00
  • maximum number of days of taking in a year: 215
  • earliest calendar date of taking (mm/dd): 01/01
  • latest calendar date of taking (mm/dd): 12/31
  • period of water taking: 5 years

Source Name: Irrigation Pond

  • purpose of water taking: commercial - golf course irrigation
  • source of water: pond - dugout
  • maximum rate (litres per minute): 5,625.00
  • maximum number of hours of taking per day: 24
  • maximum volume (litres) per day: 3,375,000.00
  • maximum number of days of taking in a year: 365
  • earliest calendar date of taking (mm/dd): 01/01
  • latest calendar date of taking (mm/dd): 12/31
  • period of water taking: 5 years

Source Name: Ancaster Creek

  • purpose of water taking: commercial - golf course irrigation
  • source of water: Ancaster Creek
  • maximum rate (litres per minute): 1,350.00
  • maximum number of hours of taking per day: 24
  • maximum volume (litres) per day: 1,944,000.00
  • maximum number of days of taking in a year: 365
  • earliest calendar date of taking (mm/dd): 01/01
  • latest calendar date of taking (mm/dd): 12/31
  • period of Water Taking: 5 years

Comments received

Through the registry

32

By email

1

By mail

0
View comments submitted through the registry

Effects of consultation

We received a total of 30 comments expressing concern about the water takings under this Permit to Take Water application.

  • 9 of these comments were related to climate change and potential drought. Conditions in this permit include provisions to ensure the protection of the quality of the natural environment, safeguarding the ecosystem during periods of stress, including drought and fostering efficient, beneficial use and sustainable conservation of the waters of Ontario. For example,
    • Condition 3.3 which limits the taking from Ancaster Creek to up to 10 percent of instantaneous streamflow,
    • Condition 3.8 which only allows water taking from Ancaster Creek when flows are above a minimum threshold and high enough to support a sustainable taking. When flows are below the specified minimum threshold, water cannot be taken as it is reserved to ensure downstream protection, and
    • Condition 3.7 which limits water taking during low water advisories that are declared by the Hamilton Conservation Authority. Water Takings from Ancaster Creek cease during a Level 3 Low Water Advisory and are limited to 10 hours per day under a Level 1 or 2 Advisory.
  • 10 of these comments expressed concern that the proposed volumes of water taking were excessive. The permitted volumes under this permit have been adjusted to ensure that the water taking volumes are reflective of the water being taken from the natural environment under this permit.
    • The permitted volume of water taking from Ancaster Creek has been reduced by 10 percent. Other conditions also limit the quantity of water taken from Ancaster Creek as previously mentioned (conditions 3.3, 3.7 and 3.8), and
    • The water takings from the reservoir have been removed from the permit as the volumes pumped from the reservoir to and from the irrigation pond represented water management practices on the golf course (please see note under Table A in the permit).
  • 1 of these comments was related to impacts to other water users. This Permit includes monitoring and reporting conditions by the Permit Holder, which are intended to confirm that the water taking is not having a negative impact on other existing water users and the natural environment.
  • 1 of these comments was related to the fact that parts of the property are in a Significant Groundwater Recharge Area and Highly Vulnerable Aquifer. Historical groundwater elevations have indicated that there have been no significant impacts to the aquifer as a result of the water taking. Condition 4.2 requires a groundwater elevation monitoring program is continued at the site.

We also received 3 comments expressing concern over the 10-year length of the proposed water taking period. We issued Permit to Take Water No. 8085-D4CLGS for 5 years. Upon renewal, the Permit Holder must provide monitoring data in a hydrogeological report per Condition 4.4 and in a streamflow assessment report per Condition 4.8 so that the Ministry may conduct another technical review to ensure that the water takings would not have an unacceptable impact to other waters users or the environment upon the permit’s renewal.

10 of these comments were outside the scope of the Permit to Take Water review.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Client Services and Permissions Branch
Address

135 St. Clair Avenue West
Floor 1
Toronto, ON
M4V 1P5
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 15 days from May 3, 2024 to begin the appeal process.

Carefully review the information below to learn more about the appeal process.

How to appealClick to Expand Accordion

Start the process to appeal

If you’re an Ontario resident, you can start the process to appeal this instrument decision.

First, you’ll need to seek leave (i.e. get permission) from the relevant appellate body to appeal the decision.

If the appellate body grants leave, the appeal itself will follow.

Seek leave to appeal

To seek leave to appeal, you need to do these three things:

  1. prepare your application
  2. provide notice to the minister
  3. mail your application to three parties

1. Prepare your application

You’ll need to prepare an application. You may wish to include the following things in your application:

  1. A document that includes:
    • your name, phone number, fax number (if any), and/or email address
    • the ERO number and ministry reference number (located on this page)
    • a statement about whether you are a resident in Ontario
    • your interest in the decision, and any facts you want taken into account in deciding whether you have an interest in the decision
    • the parts of the instrument that you’re challenging
    • whether the decision could result in significant harm to the environment
    • the reason(s) why you believe that no reasonable person – having regard to the relevant law and to any government policies developed to guide decisions of that kind – could have made the decision
    • the grounds (facts) you’ll be using to appeal
    • the outcome you’d like to see
  2. A copy of the instrument (approval, permit, order) that you you are seeking leave to appeal. You’ll find this in the decision notice on the Environmental Registry
  3. Copies of all supporting documents, facts and evidence that you’ll be using to appeal
What is considered

The appeal body will consider the following two questions in deciding whether to grant you leave to appeal:

  1. is there is good reason to believe that no reasonable person, with respect to the relevant law and to any government policies developed to guide decisions of that kind, could have made the decision?
  2. could the decision you wish to appeal result in significant harm to the environment?

2. Provide your notice

You’ll need to provide notice to the Minister of the Environment, Conservation and Parks that you’re seeking leave to appeal.

In your notice, please include a brief description of the:

  • decision that you wish to appeal
  • grounds for granting leave to appeal

You can provide notice by email at minister.mecp@ontario.ca or by mail at:

College Park 5th Floor, 777 Bay St.
Toronto, ON
M7A 2J3

3. Mail your application

You’ll need to mail your application that you prepared in step #1 to each of these three parties:

  • appellate body
  • issuing authority (the ministry official who issued the instrument)
  • proponent (the company or individual to whom the instrument was issued)

Issuing authority
Archana Uprety
Hydrogeologist Permit to Take Water (Acting)

Environmental Permissions Branch
135 St Clair Avenue West
Toronto, ON
M4V 1P5
Canada

(647) 248-9672

Proponent(s)

The Hamilton Golf and Country Club Limited operating as Hamilton Golf and Country Club
232 Golf Links Road
Ancaster, ON
L9G2N5
Canada


Appellate body

Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca

About the Ontario Land Tribunal


Include the following:

ERO number
019-6808
Ministry reference number
7763-CP8LB4

This is not legal advice. Please refer to the Environmental Bill of Rights for exact legal requirements. Consult a lawyer if you need help with the appeal process.

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Original proposal

ERO number
019-6808
Ministry reference number
7763-CP8LB4
Notice type
Instrument
Act
Ontario Water Resources Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

March 22, 2023 - April 21, 2023 (30 days)

Proposal details

This proposal is to renew Permit to Take Water No. 6406-AXVKFA for commercial purposes. Water will be taken from four wells, two ponds, and Ancaster Creek related to golf course irrigation activities, located in the City of Hamilton, Ontario. Details of Water Taking are as follows:

Permit type - Renewal

Source name: TW1-05

  • purpose of water taking: commercial - golf course irrigation
  • source of water: well - drilled
  • maximum rate (litres per minute): 113.00
  • maximum number of hours of taking per day: 24
  • maximum volume (litres) per day: 163,000.00
  • maximum number of days of taking in a year: 215
  • earliest calendar date of taking (mm/dd): 01/01
  • latest calendar date of taking (mm/dd): 12/31
  • period of water taking: 10 years

Source name: TW4-05

  • purpose of water taking: commercial - golf course irrigation
  • source of water: well - drilled
  • maximum rate (litres per minute): 180.00
  • maximum number of hours of taking per day: 24
  • maximum volume (litres) per day: 259,000.00
  • maximum number of days of taking in a year: 215
  • earliest calendar date of taking (mm/dd): 01/01
  • latest calendar date of taking (mm/dd): 12/31
  • period of water taking: 10 years

Source name: TW5-05

  • purpose of water taking: commercial - golf course irrigation
  • source of water: well - drilled
  • maximum rate (litres per minute): 341.00
  • maximum number of hours of taking per day: 24
  • maximum volume (litres) per day: 491,000.00
  • maximum number of days of taking in a year: 215
  • earliest calendar date of taking (mm/dd): 01/01
  • latest calendar date of taking (mm/dd): 12/31
  • period of water taking: 10 years

Source name: TW8-06

  • purpose of water taking: commercial - golf course irrigation
  • source of water: well - drilled
  • maximum rate (litres per minute): 170.00
  • maximum number of hours of taking per day: 24
  • maximum volume (litres) per day: 245,000.00
  • maximum number of days of taking in a year: 215
  • earliest calendar date of taking (mm/dd): 01/01
  • latest calendar date of taking (mm/dd): 12/31
  • period of water taking: 10 years

Irrigation Pond

  • purpose of water taking: commercial - golf course irrigation
  • source of water: pond - dugout
  • maximum rate (litres per minute): 5,625.00
  • maximum number of hours of taking per day: 24
  • maximum volume (litres) per day: 3,375,000.00
  • maximum number of days of taking in a year: 365
  • earliest calendar date of taking (mm/dd): 01/01
  • latest calendar date of taking (mm/dd): 12/31
  • period of water taking: 10 years

Source Name: Irrigation Reservoir

  • purpose of water taking: commercial - golf course irrigation
  • source of water: pond - dugout
  • maximum rate (litres per minute): 3,500.00
  • maximum number of hours of taking per day: 24
  • maximum volume (litres) per day: 5,040,000.00
  • maximum number of days of taking in a year: 365
  • earliest calendar date of taking (mm/dd): 01/01
  • latest calendar date of taking (mm/dd): 12/31
  • period of water taking: 10 years

Source Name: Ancaster Creek

  • purpose of water taking: commercial - golf course irrigation
  • source of water: Ancaster Creek
  • maximum rate (litres per minute): 1,500.00
  • maximum number of hours of taking per day: 24
  • maximum volume (litres) per day: 2,160,000.00
  • maximum number of days of taking in a year: 365
  • earliest calendar date of taking (mm/dd): 01/01
  • latest calendar date of taking (mm/dd): 12/31
  • period of Water Taking: 10 years

There are 3 categories of a Permit to Take Water:

  • Category 1: water takings are anticipated to have a lower risk of causing an unacceptable environmental impact/interference
  • Category 2: water takings are anticipated to having a higher potential of causing unacceptable environmental impact or interference
  • Category 3: water takings are anticipated to have the highest potential of causing unacceptable environmental impactor interference

The proposed water taking qualifies as a Category 3 permit.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Client Services and Permissions Branch
Address

135 St. Clair Avenue West
Floor 1
Toronto, ON
M4V 1P5
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from March 22, 2023
to April 21, 2023

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