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The Fraser River flood control programme : how decisions get made Cousineau, John Glen 1976

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THE FRASER RIVER FLOOD CONTROL PROGRAMME: HOW DECISIONS G E T MADE BY JOHN GLEN COUSINEAU B.A., University of British Columbia, 1975 A THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS in the Department of P o l i t i c a l Science We accept this thesis as conforming to the required standard THE UNIVERSITY OF BRITISH COLUMBIA April, 1976 § ) J o h n G l e n C o u s i n e o u , 1 9 7 6 i In presenting t h i s thesis i n p a r t i a l f u l f i l l m e n t of the requirements f or an advanced degree at the Uni v e r s i t y of B r i t i s h Columbia, I agree that the Li b r a r y s h a l l make i t f r e e l y a v a i l a b l e for reference and study. I further agree that permission for extensive copying of. t h i s thesis f o r s c h o l a r l y purposes may be granted by the Head of my Department or by h i s representatives. I t i s understood that copying or p u b l i c a t i o n of t h i s thesis f o r f i n a n c i a l gain s h a l l not beaallowed without by written permission. Department of P o l i t i c a l Science The Uni v e r s i t y of B r i t i s h Columbia 2075 Wesbrook Place Vancouver, Canada V6T 1W5 A p r i l 29, 1976 i i ABSTRACT There ex i s t s a f e d e r a l - p r o v i n c i a l programme for providing floo d protection i n the Lower Eraser Valley. An examination i s made of the procedures for deciding upon applications f o r i n d i v i d u a l projects included i n the Programme and an i d e n t i f i c a t i o n of when, the way, and the extent to which associated i n t e r e s t s become involved i n project decisions i s made. The methodology involves three steps. The f i r s t step i s to define the procedures followed by the administering agencies of the Programme and i d e n t i f y the stages during which af f e c t e d i n t e r e s t s become involved. The second step i s t o ' i d e n t i f y the things which happen as these procedures are followed. Interviews with key o f f i c i a l s i n the provision system provide the information presented. The t h i r d step i s to note p a r t i c u l a r case study examples i n which c e r t a i n patterns o'faagency i n t e r a c t i o n occurred. The only s i g n i f i c a n t involvement of affected i n t e r e s t s i s af t e r a commitmenttto provide flood protection has been made. Advocate i n t e r e s t s (outside the lead agencies) do not play a prominent r o l e i n the decisions which are made. The accommodation of c o n d i t i o n a l l y supportive i n t e r e s t s has generally not been d i f f i c u l t . The accommod-ation of competitive i n t e r e s t s i s more d i f f i c u l t . When the losses to be imposed upon affected i n t e r e s t s i n general, and competitive i n t e r e s t s i n p a r t i c u l a r , are high, extensive negotiations take place i n search of an equitable compromise s o l u t i o n . The adjustments made to accommodate affected i n t e r e s t s are often made at a su b s t a n t i a l a d d i t i o n a l cost to the Programme. That these a d d i t i o n a l costs may exceed the o r i g i n a l assessment of benefits suggests affected i n t e r e s t s should become involved at an e a r l i e r stage when commitments to provide protection are made on the basis of the associated benefits and costs. Approved: TABLE OF CONTENTS £age L i s t of Figures i i i CHAPTER ONE: INTRODUCTION 1 The Problem 1 The Approach of the Study 8 CHAPTER TWO: THEORY AND METHODOLOGY 11 A Conceptual Framework 11 Methodology 16 CHAPTER THREE: THE FORMAL PROCEDURES 23 The Three Stages 23 The Preliminary Planning Stage 23 The Advanced Planning Stage 27 The Construction Stage 29 CHAPTER FOUR: THE PROVISION SYSTEM . . . . 33 Affected Interests and P a r t i c i p a t i n g Agencies . . 33 The Preliminary Planning Stage 36 — t h e cost assessment 36 — t h e benefit assessment 37 The Advanced Planning Stage 38 — t r a d e - o f f s at the working l e v e l . . . 38 — t r a d e - o f f s at other l e v e l s 41 The Construction Stage 43 CHAPTER FIVE: THE CASE STUDIES 46 The Involvement of Advocate Interests 46 The Involvement of Con d i t i o n a l l y Supportive Interests . . . 47 V CHAPTER FIVE: THE CASE STUDIES (cont'd) The Involvement of Competitive Interests . . . . . 49 1. R e l a t i v e l y Simple Adjustments . . . . 49 a. Solution by Compromise 49 b. Solution by Concession 51 2. Complex Bargaining 54 a. T i l b u r y Island 54 b. Brunswick Point . 60 c. Boundary Bay . 63 d. Roberts Bank • 65 CHAPTER SIX: CONCLUDING OBSERVATIONS Conclusions 69 Further Research and Investigations . . 71 APPENDIX A: THE FRASER RIVER FLOOD CONTROL AGREEMENT 73 APPENDIX B: THE QUESTIONNAIRE 80 APPENDIX C: LOCATION OF THE CASE STUDIES 84 APPENDIX D: THE RESPONDENTS 89 BIBLIOGRAPHY . . 92 v i LIST OF FIGURES page FIGURE 1: The Formal Procedures f o r Decision-Making . . 24 FIGURE 2: E x i s t i n g Alignment at Oli v e r Slough 52 FIGURE 3: E x i s t i n g Alignment at Ewen Slough . . . . . . 53 FIGURE 4: E x i s t i n g Alignment at T i l b u r y Slough . . . . 55 FIGURE 5: E x i s t i n g Alignment at Brunswick Point . . . . 60 ACKNOWLEDGEMENTS This study has been a 'team e f f o r t ' . Words alone w i l l never s u f f i c i e n t l y express my sincere appreciation to Professor Ir v i n g K. Fox whose academic i n s i g h t s and p a t i e n t guidance have made this study—indeed t h i s degree—a most rewarding experience. A d d i t i o n a l l y , thanks are due to Ken Peterson for h i s many thoughtful and encouraging comments. The degree may be mine, but the work has been ours. It was a team I have enjoyed being a part of and an experience I w i l l always cherish. Many o f f i c i a l s provided the information on which t h i s study i s based. In p a r t i c u l a r , I wish to thank Mr. Angus MacPherson of the B.C. Water Resources Service, and Mr. John Preston of E n v i r -onment Canada f o r having given so f r e e l y of t h e i r time. Professors Paul Tennant and Keith Banting offered valuable c r i t i c i s m s of t h i s work. Their e f f o r t s i n seeing t h i s t h e s i s through to completion are g r a t e f u l l y acknowledged. F i n a l l y , I wish to thank Miss Orla Murphy, my brother Wayne, and Miss Susan Hargreaves for t h e i r assistance i n preparing the f i n a l d r a f t s of t h i s work. Without t h e i r help, deadlines would never have been met. CHAPTER ONE  Introduction This study defines the ways i n which decisions get made i n the Fraser River Flood Control Programme. The d e s c r i p t i o n provided i s based on data obtained by intensive interviewing of members of the decision-making process at the f e d e r a l , p r o v i n c i a l , and municipal l e v e l of government. In t h i s f i r s t chapter, a b r i e f h i s t o r y of the flood c o n t r o l problem i n the Fraser V a l l e y w i l l be presented and the r e s u l t i n Programme w i l l be described. The Problem The Fraser i s a r e l a t i v e l y large r i v e r , draining a 90,000 square mile basin which occupies the greater portion of the southern h a l f of B r i t i s h Columbia. In a l l , i t stretches some 850 miles and drains a quarter of the Province. The average flow of the r i v e r i s roughly 96,000 cubic feet per second (c.f.s.) and annually drops to below 28,000 c.f.s."'" The maximum recorded flow occurred during the 2 1894 flood and has been estimated at 620,000 c . f . s . Seasonal f l u c t u a -tions i n c l i m a t i c conditions account for the-f l u c t u a t i n g discharge l e v e l s . Certain p h y s i c a l factors a f f e c t the magnitude of the annual spring freshet: the amount of moisture i n the s o i l before the snow-pack begins to melt; the water equivalent of the accumulated snow-pack; the extent to which freezing temperatures extend into the spring; and the amount of p r e c i p i t a t i o n during the period of melting i n the spring. Although the spring freshets are the primary concern i n c o n t r o l l i n g floods i n the Fraser V a l l e y , winter storms can also produce heavy run-3 o f f s often causing floods and erosion. 2 Within the Fraser River basin, the Lower Fraser Valley i s the p r i n c i p a l area threatened by flood damage. The Lower V a l l e y extends approximately 100 miles from Hope to the S t r a i t of Georgia containing i n excess of 175,000 acres of flood p l a i n . At present, w e l l over h a l f of B r i t i s h Columbia's population, much of i t s f i n e s t a g r i c u l t u r a l land, and a good protion of i t s manufacturing are concentrated here. The p o t e n t i a l d i s r u p t i v e e f f e c t s of any flooding are considerable as evidenced i n part by the flood of 1948. Records indi c a t e that, within the l a s t 100 years, heavy spring discharges have caused severe damage on a number of occasions 4 i n the Lower Fraser Valley. The flood of 1948, while not the largest on record, caused a record amount of damage. At the time of the 1948 spring freshet, there existed a ser i e s of dykes i n the Lower Va l l e y which had been developed as the need for land protection grew. Of the twenty p r i v a t e l y owned and operated dyking d i s t r i c t s that existed at the time, some had poorly maintained structures and were plagued with f i n a n c i a l d i f f i c u l t i e s . Over a dozen of these dyking d i s t r i c t s were breached before the waters receded. Over 55,000 acres of land were flooded to depthsrrof-fupptoctwenty-five feet subsequently damaging or destroying over 2,000 houses. The two transcontinental railway l i n e s l i n k i n g Vancouver w i t h the rest of Canada were severed by the flood waters. The Trans-Canada high-way was innundated. Urban areas such as Aggasiz, Rosedale, and parts of Mission were flooded causing several industries to h a l t or 5 6 reduce production. Damages were estimated to exceed $17.5 m i l l i o n . 3 In responding to the need for flood p rotection made apparent by the 1948 flood, the f e d e r a l and p r o v i n c i a l governments agreed l a t e r that same year to e s t a b l i s h the 'Dominion-Provincial Board—Fraser River Basin' to study and report on the water resources and requirements of the Fraser River watershed.^ Between 1949 and 1954, the Board operated i n an i n v e s t i g a t i v e capacity c o l l e c t i n g information missing from e x i s t i n g records. In 1955, the Board was replaced by the Fraser River Board whose more s p e c i f i c terms of reference c a l l e d for the determination of "what development and c o n t r o l of water and i n c i d e n t a l resources of the Fraser River Basin would be advisable and f e a s i b l e , p a r t i c u l a r l y with respect to flood control and h y d r o - e l e c t r i c power." In 1963, the f i n a l report of t h i s Fraser River Board was presented to the two l e v e l s of government. Its recommendations c a l l e d for the construction of $400 m i l l i o n worth of upstream storage projects and an a d d i t i o n a l $4.9 m i l l i o n worth of dyke improvements from Aggasiz to the S t r a i t of Georgai along the Lower Fraser. These dyke improve-ments were recommended as a means of augmenting the capacity of the proposed upstream works to c o n t r o l flood flows. It c a l l e d f or a l l works to be constructed to be able to withstand another flood of the 1948-magnitude. In 1966, a f e d e r a l - p r o v i n c i a l committee was established for the purpose of reviewing estimated expenses for dyke r e h a b i l i t a t i o n and to estimate any further requirements such as i n t e r n a l drainage f a c i l i t i e s , bank protection against erosion, and sea dykes. This committee recommended the expenditure of $33 m i l l i o n on a plan of fl o o d 4 p l a i n protection, "On the basis of t h i s report, and the continuing awareness and concern over the ever^increasing need for flood p r o tection, the two governments i n May of 1968 agreed to a cooperative programme of works i n the Lower Fraser V a l l e y and a review of upstream storage 9 projects necessary to provide a comprehensive plan of p r o t e c t i o n , " The Pro gramme ^rogra^^-Sections 16 to 19 of the F e d e r a l - P r o v i n c i a l Agreement (see Appendix A) describe the managerial arrangements which were established to implement the Fraser River Flood Control Programme, Section 18, i n p a r t i c u l a r , provided for the creation of a J o i n t Advisory Board and a J o i n t Programme Committee, The Board was established to evaluate the progress of the Programme, recommend an annual budget to the two senior l e v e l s of government i n accordance with i t s plans for a forthcoming year and generally oversee the implementation of the Agreement. The Committee was established to carry out j o i n t planning and studies, recommend projects f o r approval toothe J o i n t Advisory Board, and coordinate a c t i v i t i e s associated with approved pr o j e c t s . Sections 20 to 23 o u t l i n e the cost-sharing formula of the Programme i n which the federal and p r o v i n c i a l governments share f i f t y percent of the c a p i t a l costs with the municipal governments paying an equitable share of the construction costs for works within t h e i r municipal boundaries. This 'equitable share 1 was subsequently defined as ten percent of the construction costs. There have been two major changes to these i n i t i a l provisions of the Agreement. To reduce procedural d u p l i c a t i o n i n the Programme, and thus the Programme costs, i t was decided by the J o i n t Advisory 5 Board to disband the J o i n t Programme Committee i n 1972. i t was also found that some of the l o c a l a u t h o r i t i e s were unable to meet t h e i r share of the costs and a decision was subsequently made by the Board to eliminate t h i s aspect of the l o c a l contribution. The m u n i c i p a l i t i e s are s t i l l responsible for a l l costs associated with the a c q u i s i t i o n of right-of-way and construction access. R e s p o n s i b i l i t y for the planning and administrative a c t i v i t i e s of the Programme i s assigned to two lead a g e n c i e s ^ — t h e Water Invest-igations Branch of the p r o v i n c i a l Department of the Environment"'""'", and the Inland Waters Directorate of the f e d e r a l Department of the Environment. Each acts on behalf of i t s l e v e l of government. E s s e n t i a l l y , the pro-cedures followed by the lead agencies i n providing f l o o d c o n t r o l works involve three stages: the Preliminary Planning Stage, the Advanced Planning Stage, and the Construction Stage. During the Preliminary Planning Stage, an assessment of the necessary works and associated benefits and costs i s made for an applying area. Water Investigations manages the assessment of the needed work6ftand associated costs. Inland Waters assesses the benefits that could be r e a l i z e d i f the necessary works were provided. 12 During the Advanced Planning Stage, designs for each contract 13 are f i n a l i z e d i n consultation with agencies affected by the proposed works. Water Investigations normally manages the r e s u l t i n g process of agency i n t e r a c t i o n . Inland Waters i s involved at t h i s stage to see that 6 design c r i t e r i a are met by the designs drafted. During the Construction Stage, the works are constructed 14 under the supervision of Water Investigations. Both lead agencies w i l l inspect the completed works to see that design s p e c i f i c a t i o n s have been met. The a c t i v i t i e s c a r r i e d out by the lead agencies through each of these stages are a l l subject to the approval of the J o i n t Advisory Board, consisting of three top l e v e l c i v i l servants from Branches of the federal and p r o v i n c i a l governments. The members of the Board are responsible for budget a l l o c a t i o n s and determine the spending p r i o r i t i e s for each year. I t i s at t h i s l e v e l that the o f f i c i a l p o s i t i o n s of the governments are expressed, considered, and applied to the Programme. Although the construction of flood control works appears to be l a r g e l y a matter of engineering design and s p e c i f i c a t i o n , there are other groups which tend to be affected by the p r o v i s i o n of such works. These groups may have e i t h e r an advocate, c o n d i t i o n a l l y supportive, or competitive i n t e r e s t i n the Programme. Groups with advocate i n t e r e s t s generally have investments to protect from floods. C o n d i t i o n a l l y supp-o r t i v e groups w i l l have a d d i t i o n a l design c r i t e r i a to advocate for an adequate protection of t h e i r investments. Groups with nothing to gain and something to lose by the p r o v i s i o n of flood control works w i l l have a competitive i n t e r e s t i n the Programme. Thus some i n t e r e s t s w i l l be enhanced, and others adversely affected. C o n f l i c t s w i l l prove 7 i n e v i t a b l e . For instance, f i s h e r i e s groups w i l l prefer a steeps sloped dyke to a gradual slope bacause the former w i l l not encroach as much as the l a t t e r on the r i v e r bed or marshland. These areas may provide spawning, r e s t i n g or feeding habitat for various species of f i s h and thus could be adversely affected by any such encroachment. However, the steeper the slope of a dyke, the l e s s protection i t affords to i n t e r e s t s located behind the dyke. As another example, there may be areas of p o t e n t i a l land reclamation for either a g r i c u l t u r a l or i n d u s t r i a l purposes that could be r e a l i z e d by various dyke a l i g n -ments. However, the p o t e n t i a l reclamation may also be of value to f i s h e r i e s and w i l d l i f e groups as a spawning, feeding, r e s t i n g , or nesting habitat. The formal arrangements prescribed by the Agreement do not s p e c i f i c a l l y recognize the p a r t i c i p a t i o n of a v a r i e t y of groups i n the decision process. Yet the theory to be presented i n Chapter Two c a l l s f o r the weighing of t h e i r i n t e r e s t s i n public decisions-making, and casual observation indicates that procedures e x i s t for taking such i n t e r e s t s into account, The objective of t h i s thesis i s to examine the procedures for deciding upon applications for i n d i v i d - ual projects included i n the Programme and to determine when, the way,  and the extent to which associated i n t e r e s t s become involved i n project  decisions. Since there are c o n f l i c t i n g i n t e r e s t s involved, an important aspect of the study w i l l be that of determining how c o n f l i c t i n g pre-ferences are reconciled. 8 TRis type of information i s e s s e n t i a l to an evaluation of i n s t i t u t i o n a l arrangements. While i t i s not the aim of the thesis to provide such an evaluation, i t may suggest some of the issues that should be addressed and provides an e s s e n t i a l foundation, The Approach of the Study The Fraser River Flood Control Programme has been p r i n c i p a l l y a ctive i n the Lower Fraser Valley.''""' This study has been l i m i t e d to areas i n the Lower Val l e y i n which concentrated planning and construction a c t i v i t i e s have occurred. Information w i l l be presented on case studies of p a r t i c u l a r flood control contracts i n these areas which, together with interviews conducted with representatives of the lead agencies and affected agencies, w i l l provide the necessary data for addressing the thesis objectives. 9 NOTES: CHAPTER ONE 1. see Hoos, L.M., and Packman, G.A., The Fraser River  Estuary Studies of Environmental Knowledge to 1974, Special Estuary Series Number 1, F i s h e r i e s and Marine Service, P a c i f i c Environmental I n s t i t u t e , West Vancouver, B.C., 1974, p. 49. 2. a l l the c . f . s . measures given were taken at the Hope gauge and thus were not subject to t i d a l f l u c t u a t i o n s . For a d e t a i l e d account, of the geography of the Fraser River and i t s basin, see the F i n a l Report of the Fraser River Board on Flood Control and Hydro- E l e c t r i c Power i n the Fraser River Basin, V i c t o r i a : Queen's P r i n t e r , 1964, esp. pp. 7 and 18; and the Preliminary Report of the Fraser River  Board on Flood Control and Hydro-Electric Power i n the Fraser River  Basin, V i c t o r i a : Queen's P r i n t e r , 1958, esp, pp. 7 and 22. 3. see F i n a l Report, p. 35. 4. " p r i o r to the turn of the century, the floods of 1876, 1882, and 1894 reached s u b s t a n t i a l proportions.and, of these, the flows of 1894 have yet to be exceeded." F i n a l Report, p. 35. 5. see Ibid., p. 36. 6. t h i s damage cost f i g u r e does not r e f l e c t the i n d i r e c t losses suffered as a r e s u l t of the flood. As noted i n the Preliminary  Report, "floo d damage can be ' d i r e c t ' or ' i n d i r e c t ' depending on whether i t i s caused d i r e c t l y by p h y s i c a l contact with flood waters or i n d i r e c t l y by i n t e r u p t i n g trade and communications, The former i s m a t e r i a l l y obvious; but the l a t t e r i s intangitbleaaridnn6tssubj:ectttq an exact f i n a n -c i a l a n a l y s i s , " Preliminary Report, p, 47. 7. the h i s t o r i c a l account of the fl o o d control Boards dealing with the Fraser River problem i s an abbreviation of accounts made by the various government documents on the subject. For a d e t a i l e d account of t h i s h i s t o r y , see the Preliminary Report, pp. 47-50; the F i n a l Report, pp. ix,x,l,2,35, and 36; and Schedule A of the Fraser River  Flood Control Agreement, dated May 24, 1968, pp. 1-2, 8. F i n a l Report, p, 1. For the actual terms of reference for the Fraser River Board, see the Preliminary Report, pp. 1-4. 9. Schedule A of the Fraser River Flood Control Agreement, p. 2. 10 NOTES: CHAPTER ONEv(cont'd) 10. they are lead agencies i n that they take the 'lead' i n seeing that Programme objectives are met. 11. formerly of the p r o v i n c i a l Department of Lands, Forests, and Water Resources. 12. there are several contracts i n each p r o j e c t . See Infra , p. 27. 13. reference i s made here to both governmental and non*-governmental agencies although, as w i l l Be noted i n Chapters Four and F i v e , the consultation i s l a r g e l y made with the former rather than the l a t t e r . 14. section 17(a) of the Agreement s p e c i f i e s that "the Province... s h a l l Be responsible for constructing approved projects, (and) for operation and maintenance of the p r o j e c t s , . . . " Water Investigations thus takes on a management r e s p o n s i b i l i t y for the construction aspects of each project. See Appendix A, p. 76. 15. the Agreement was amended i n 1974 to.include the Kamloops area of the basin. See Report-of^thexB.C, Water Resources Service, V i c t o r i a : Queen's P r i n t e r , 19.74, p. 45. 11 CHAPTER TWO  Theory and Methodology This section w i l l review the l i t e r a t u r e on inter-governmental and inter-agency decision-making and thus develop a conceptual frame-work to be applied i n addressing the c e n t r a l questions of the study. An explanation of the methodology used i n conducting the research w i l l then be made. A Conceptual Framework The c l a s s i c a l model of decision-making"'" i s an important f i r s t step towards e s t a b l i s h i n g a conceptual framework for a study such as t h i s . The model i d e n t i f i e s f i v e normative procedures i n the d e c i s i o n -making process: (1) there i s some recognition of a problem; (2) there i s an analysis and statement of a l t e r n a t i v e s ; (3) t h i s then requires a choice among a l t e r n a t i v e s ; (4) there i s a communication and implementation of the decision; 2 C 5) there i s a feed-back of the r e s u l t s of the decision. It seems reasonable to expect these steps to be followed i n making decisions about flood c o n t r o l projects included i n the Fraser River Flood Control Programme. The o r e t i c a l and emperical evidence suggests that i n any choice among a l t e r n a t i v e s the i n t e r e s t s of decision makers w i l l always be i n p a r t i a l c o n f l i c t . Bross notes that making a choice 3 4 involves the a p p l i c a t i o n of a value system to the a l t e r n a t i v e s . The d i f f e r i n g value frameworks of i n t e r a c t i n g agencies thus explain 12 the i n e v i t a b i l i t y of c o n f l i c t i n a decision process. As Downs suggests, "...whenever s o c i a l agents i n t e r a c t , t h e i r i n d i v i d u a l imperialisms are bound to create some c o n f l i c t s between them, although t h e i r r e l a t i o n s as a whole may be dominated by cooperation."^ It follows, then, that the r e s o l u t i o n of c o n f l i c t s w i l l be an important factor i n the operation of a public decision process.^ By i d e n t i f y i n g the d i s t r i b u t i o n of authority i n a decision process, one can suggest the ways of r e s o l v i n g c o n f l i c t s which might be employed. Lindblom suggests such d i s t r i b u t i o n s are l a r g e l y dictated by the rules or laws governing behaviour i n a decision process. "Rules specify what each p a r t i c i p a n t i n p o l i c y making can and cannot do, as well as what he must do, whom he must obey, and whom ( i f anyone) he can command."7 When formal authority i s divided, i t i s self-ev i d e n t that those who share authority must rec o n c i l e t h e i r differences i f action i s to be taken. One agency with authority cannot d i c t a t e to the other; "rather, i t must r e l y on the techniques of diplomacy, persuasion, and consultation i f i t i s to maintain...an important voice i n s o c i a l g planning." Within such d i s t r i b u t i o n s of power and authority, coercion 9 has no place. In the absence of t h i s a b i l i t y to coerce, cooperation becomes a p r a c t i c a l necessity. The generality of the language used i n the B r i t i s h North America Act has meant that the authority for many problems, including f l o o d c o n t r o l , i s shared by the fede r a l and p r o v i n c i a l governments."*"^ The Provinces have an involvement i n flood c o n t r o l problems through t h e i r authority over 'property and c i v i l r i g h t s ' ' m a t t e r s of a merely 13 12 13 l o c a l or private nature', and a g r i c u l t u r e i n addition to t h e i r proprietary rights over "Crown lands and other natural resources within 14 t h e i r boundaries." The fede r a l government, on the other hand, appears 15 16 to be involved through i t s authority over f i s h e r i e s , transportation, and n a v i g a t i o n , ^ and i t s i n t e r e s t i n the prevention of na t i o n a l d i s -18 asters. This sharing of authority with regard to flood c o n t r o l problems suggests there are c o n s t i t u t i o n a l reasons f o r the de t a i l e d j o i n t d e c i s i o n -making process to be described i n Chapter Three. In such s i t u a t i o n s of overlapping j u r i s d i c t i o n " . . . p o l i c i e s can only be made through the cooperation of many p a r t i c i p a n t s , each of whom performs a task that i s necessary, but i t s e l f i n s u f f i c i e n t , to e s t a b l i s h a p o l i c y d e c i s i o n . Policy-making i s a cooperative c o l l e c t i v e e f f o r t , and p o l i c y a j o i n t output, beyond the capacity, of any one person or any small group" of those to-whome p o l i c y tasks are assigned."19 iHowever, cooperation i s necessary f o r reasons other than the c o n s t i t u t i o n a l ones described. There are conceivably instances i n which the l e g a l j u r i s d i c t i o n over a p a r t i c u l a r 'resource' w i l l be assigned to a single agency. In such instances, the agency may have a monopoly of authority with regard to that 'resource'. In a d e c i s i o n -making process with such a d i s t r i b u t i o n of authority, coercion i s t h e o r e t i c a l l y a v i a b l e and amployable means for a r r i v i n g at a deci s i o n . The agency w i l l be able to a f f e c t the changes i t intends without accommodating the i n t e r e s t s of other agencies. Its power to coerce 20 these other agencies into accepting a so l u t i o n appears considerable. Nevertheless, as a p r a c t i c a l matter, even when a public agency has f u l l l e g a l authority to take an action, i t has a strong motivation to achieve an accommodation with the other i n t e r e s t s a ffected. The 14 p o l i t i c a l support i t has for i t s own programmes Z 1 may be undermined 22 i f i t f a i l s to achieve such an accommodation. The accommodation of affected i n t e r e s t s i s thus a s t r a t e g i c approach to ensuring the a c c e p t a b i l i t y of decisions. In areas of overlapping j u r i s d i c t i o n s , such as flood c o n t r o l , f e d e r a l - p r o v i n c i a l cooperation has been a means of avoiding c o n s t i t u t -23 i o n a l problems. As one way of cooperating, f e d e r a l - p r o v i n c i a l agree-ments are signed and the necessary powers are delegated to a j o i n t l y 24 established system of agencies. ASiiindicatedmothetcooperative i n t e r -action of competing agencies i n the r e s u l t i n g d ecision system may occur for p r a c t i c a l rather than j u r i s d i c t i o n a l reasons. To f a c i l i t a t e t h i s necessary cooperation, formal i n s t i t u t i o n a l arrangements are commonly established i n which a v a r i e t y of informal 25 mutual adjustments are made. Bargaining among the p a r t i c i p a t i n g agencies i n the decision process w i l l occur because i t i s seen, for c o n s t i t u t i o n a l and p r a c t i c a l reasons, as "...necessary, possible, and 26 thought to be p r o f i t a b l e . " The action taken w i l l most often involve a compromise s o l u t i o n which may be achieved between agencies by one of two mutual adjustment techniques: negotiation, or the creation and 27 discharge of o b l i g a t i o n s . By negotiating, two or more agencies w i l l attempt to reach an e x p l i c i t basis for cooperation and thus e s t a b l i s h a foundation from 28 which subsequent p o l i c y decisions can be made. On the other hand, obligations can be created and discharged i n accordance with the 'rule 29 of r e c i p r o c i t y ' . " Lindblom has described the concept as follows: 15 " I f i n interdepartmental negotiation an administrative p o l i c y maker...concedes something to a representative..., he can often expect a r e c i p r o c a l concession at some l a t e r date. He has struck no bargain, but he has stored up a stock of good-, w i l l on which he can l a t e r draw."30 Another important factor to be considered i n the involvement (or lack thereof) of associated i n t e r e s t s i n the decision process. Lindblom has suggested that these i n t e r e s t s w i l l become involved through representing agencies. Individuals w i l l form groups i n the pursuit of common i n t e r e s t s to which government agencies w i l l be s e n s i t i v e . Every important i n t e r e s t or value w i l l have i t s watchdog. "These 'watchdogs' can protect the i n t e r e s t s i n t h e i r j u r i s d i c t i o n i n two quite d i f f e r e n t ways: f i r s t , by redressing damages done by other agencies; and, second, 31 by a n t i c i p a t i n g and heading o f f i n j u r y before i t occurs." Variations i n the value frameworks of agencies suggest there w i l l be v a r i a t i o n s i n the ways i n which they perceive problems and 32 thus respond to the same s t i m u l i . Thus, bureaucratic perceptions of p a r t i c u l a r issues may greatly d i s t o r t the image that could be obtained 33 i f a d d i t i o n a l input were considered. As Dorcey and Fox have suggested, i t i s therefore u n l i k e l y that adequate information about a v a i l a b l e p o l i c y choices w i l l be provided unless there i s an i n t e r a c t i o n i n the p r o v i s i o n system between agencies which tend to represent the various i n t e r e s t s i n society and i n which each had the chance to generate plans 34 r e f l e c t i n g i t s perceptions of the best s o l u t i o n . Swainson suggests that in t e r a c t i o n s with affected i n t e r e s t s , 35 through the operative system of representation, should occur during the stage i n which the 'terms of reference' : f o r subsequent i n t e r a c t i o n s are set. - " I t ' i s when basic objectives are being agreed upon, basic data are being gathered and assessed, and basic l i n e s of action are being set that the operative system of repre-sentation has to t r y to weight i n d i v i d u a l s ' values as equally as possible."-^ 0 It follows, however, that the involvement of a d d i t i o n a l agen-cies i n a decision process w i l l do more than j u s t a f f e c t the adequacy of information for the development of a l t e r n a t i v e s . The theory presented suggests there w i l l be a re l a t e d increase i n the number of c o n f l i c t i n g value frameworks. "Higher p r o b a b i l i t i e s of i n t e r e s t c o n f l i c t ( w i l l 37 increase) the r e l a t i v e amounts of resources devoted to n e g o t i a t i o n . " The r e s i d u a l of d i s s a t i s f a c t i o n from c o n f l i c t settlements w i l l also be 38 greater i n decision systems with large numbers of p a r t i c i p a n t s . iRowever, while s t r a t e g i c approaches to ensuring the a c c e p t a b i l i t y of decisions c a l l for the involvement of a wide d i v e r s i t y of agencies, 39 the need for co n t r o l and coordination creates a countervailing s t r a i n toward greater goal consensus and thus the involvement of a l i m i t e d A- r . 4 0 d i v e r s i t y of agencies. Methodology The research has involved three methodological steps: a review of the l i t e r a t u r e on flood c o n t r o l , intensive interviewing of p a r t i c i -pants i n the decision-making process being studied, and an analysis of questionnaire data. An extensive review of l i t e r a t u r e on flood c o n t r o l i n general and the Fraser River Flood Control Programme i n p a r t i c u l a r , was cond-ucted. This l i t e r a t u r e suggested the types of i n t e r e s t s and agencies l i k e l y to be affected by the Programme. On the basis of the t h e o r e t i c a l 17 outlined above, and i n l i g h t of t h i s l i t e r a t u r e review, a procedure was designed for addressing the study objectives. As part of t h i s procedure, a questionnaire was developed (see Appendix B) for use i n structured interviews with representatives of the agencies i d e n t i f i e d by the l i t e r a t u r e review as having some in t e r e s t i n the Programme. These representatives were asked a number of questions r e l a t i n g to the involvement of t h e i r agency i n the Progr-amme such as the agencies with which they r e g u l a r l y i n t e r a c t with 41 regard to the Programme, the nature of those contacts, the agencies they viewed as s i g n i f i c a n t contributors to the decision-making process i n p a r t i c u l a r case examples, and the s i g n i f i c a n c e with which they viewed t h e i r own p a r t i c i p a t i o n on various contracts. A 'snowball' sampling methodology was used i n the study.- Each respondent was asked to nominate other agencies, and people working i n those agencies, which they f e l t have had an impact on the decisions r e l a t i n g to dyke projects and thus could o f f e r further i n s i g h t s into the workings of the system. The interviewing continued u n t i l at l e a s t one representative from each of the most often mentioned agencies had been interviewed. The information gathered from the review of flood c o n t r o l l i t e r a t u r e and the subsequent interviews was then synthesized to obtain an understanding of how decisions have been made i n the past. Once able to define the formal procedural steps followed i n providing flood control works under the auspices of the Programme, an e f f o r t was made to deter-mine what the network of int e r a c t i o n s had been for decisions r e l a t i n g to p a r t i c u l a r cases being studied. On the basis of these f i n d i n g s , an e f f o r t was made to describe the process of i n t e r a c t i o n through which flood c o n t r o l works are provided (the p r o v i s i o n system). 19 NOTES: CHAPTER TWO 1. for a discussion and c r i t i q u e of the c l a s s i c a l model, see Simon, H.A., and March, J.G., Organizations, New York: John Wiley and Sons, 1958, pp. 136-142. 2. see Lindblom, C.E., The Policy-Making Process, Englewood C l i f f s , N.J.: Prentice H a l l , 1968, p. 13. 3. Bross defines a 'value system' i n terms of the benefits and costs associated with an action for a p a r t i c u l a r decision-maker. See Bross, I.D.B., Design for Decision, Toronto: Collier-MacMillan Ltd., p. 27. 4. see Ibid., pp. 18-32; esp. pp. 20,23,26, and 27. Swainson supports h i s suggestion as follows: ^However the f i n a l d i r e c t i o n i n which public p o l i c y i s going to move i s determined, i t does involve a balancing or r e c o n c i l i a t i o n of claims of values, b e n e f i t s , and c o s t s — i n short, an act of shoice." Swainson, N.A., "Defining the Problem: The I n s t i t u t i o n a l Arrangements for Water Quality Management," i n Swainson, N.A. (ed.), Managing the Water Environment, Vancouver, Univer-s i t y of B r i t i s h Columbia Press, 1976, p. 17. 5. Downs refer s to t h i s feature of decision-making as the 'Law of Interorganizational C o n f l i c t ' : "Every large organization i s i n p a r t i a l c o n f l i c t with every other s o c i a l agent i t deals with." See Downs, A., Inside Bureaucracy, Boston: L i t t l e , Brown, and Company, 1958, pp. 213-216: 6. here I am a n t i c i p a t i n g a l a t e r discussion of i f , when, . and how c o n f l i c t s can be resolved ( i n Chapter Four) and are resolved (in Chapter F i v e ) . 7. Lindblom, C.E., op.- c i t . , p. 35. 8. Simeon,,R., Fe d e r a l - P r o v i n c i a l Diplomacy, Toronto: Univer-s i t y of Toronto Press, 1972, p. 172. 9. see I n f r a . , p. 13nl8. 10. see Gibson, D., " C o n s t i t u t i o n a l J u r i s d i c t i o n over Envir-onmental Management i n Canada," i n the U n i v e r s i t y of Toronto Law Journal, Volume 23 (1973), p. 55. 1 1 • &.N.A. Act. S. 92(13). See Gibson, D., op. c i t . , p. 61. 20 12. S. 92(16). See Gibson, D., Op. c i t . , 13. S. 95. See Gibson, D., op. c i t . , p. 66. 14. j u r i s d i c t i o n over Crown lands and other natural resources i s delegated to the provinces under S. 109 of the Act. This argument of the c o n s t i t u t i o n a l basis for p r o v i n c i a l involvement i n flood c o n t r o l matters i s taken from Gibson, D., op. c i t . , pp. 58,63,66,67,73, and 76. 15. S. 91(12). 16. S. 91(29). 17. S. 91(10). 18. t h i s argument of the basis for fe d e r a l involvement i n flood c o n t r o l matters i s suggested by the Minister of Energy, Mines, and Resources i n announcing the Agreement i n the House of Commons. See Pepin, J.L., speaking i n Canada, House of Commons Debates, Ottawa: Queen's P r i n t e r , 1968 Volume 1, p. 129. A d d i t i o n a l l y , the f e d e r a l government's spending powers enable i t to become involved, through f i n a n c i a l grants, i n areas over which i t has no d i r e c t authority so long as i t does not exercise 'direct l e g i s l a t i v e c o n t r o l over matters of exclusive p r o v i n c i a l j u r i s d i c t i o n . LaForest defines t h i s spending power as a combination of fed e r a l taxing and property powers. See LaForest, G.V., A l l o c a t i o n of  Taxing Power Under the Canadian Constitution, Toronto: Canadian Tax Foun-dation, 1967, pp. 37-38. See also Gibson, D., op. c i t . , p. 63. 19. Lindblom, C E . , Pp.- c i t . , p. 117. 20. the legitimacy of the rules a l l o c a t i n g such power and authority i s taken as a given f a c t o r . See Ibid., p. 35. 21. for a discussion of how agencies' derive p o l i t i c a l support for t h e i r programmes, see Inf r a . , pp. 32-35. 22. as Gibson notes, one can c i t e the d i s t r i b u t i o n of power and authority i n Canada as a case i n point. "In theory, the Parliament of Canada can.;.invest i t s e l f at w i l l with l e g i s l a t i v e authority over' any 'work' that i t chooses to declare to be 'for the general advantage of Canada'." Ss. 92(10c) and 91(29). See Gibson, D., 6p.; c i t . , p. 63n49. However, "...having regard...to p o l i t i c a l r e a l i t i e s , i t i s highly u n l i k e l y that t h i s power would now be used...." I b i d . , p. 63. 23. see Gibson, D., op. c i t . , p. 66. 24. see Ibid., p. 76. 25. see Lindblom, C.E., op. c i t . , p. 117. 21 26. Dahl, R.A., and Lindblom, C.E., P o l i t i c s , Economics, and Welfare, New York: Harper and Row, 1953, p. 326. They suggest that "...because d i f f e r e n t i n d i v i d u a l s i n d e n t i f y with d i f f e r e n t groups, a compromise arri v e d at by bargaining i s necessary (as a s t r a t e g i c approach to ensuring the a c c e p t a b i l i t y of d e c i s i o n s ) . Because i n d i -viduals i n d i f f e r e n t groups may also share membership i n another group, compromise by bargaining i s stimulated. Because i n d i v i d u a l s i n d i f f -erent groups share some common values, bargaining i s pos s i b l e. And because d i f f e r e n t issues act i v a t e d i f f e r e n t combinations of groups, compromise by bargaining i s continuous." Ibid., p. 333. 27. for a discussion of these techniques of 'mutual adjust-ment', see Lindblom, C.E., op. c i t . , pp. 93-100. Other notions of mutual adjustment are considered i n - h ' i s H t h e s i s . However, for the purposes of t h i s study, these two forms w i l l s u f f i c e . 28. see Ibid ., p. 95. 29. see Ibid., p. 96. For a discussion and c r i t i q u e of the 'rule of r e c i p r o c i t y ' , see Gouldner, A.W., "The Norm of Reciprocity: A Preliminary Statement", i n the American S o c i o l o g i c a l Review, Volume 25 ( A p r i l , 1960), pp. 161-178. 30. Lindblom, C.E., op. c i t . , p. 96. 31. Lindblom, C.E., "The Science of Muddling Through", i n Public Administration Review, Volume 19, Number 2 (Spring 1959), p. 85. 32. as suggested i n Dorcey, A.H.J., and Fox, I.K., "An Assessment of University Sponsored I n t e r d i s c i p l i n a r y Research: the Wisconsin River and the Lower Fraser River Water Quality Studies", i n Proceedings of the A.S.C.E. Conference on I n t e r d i s c i p l i n a r y Analysis of  Water Resource Systems, June 19-22, Uni v e r s i t y of Colorado. 33. see Rourke, F.E., Bureaucracy, P o l i t i c s , and Public  P o l i c y , Boston: L i t t l e , Brown, and Company, 1969, pp. 120-121. 34. see Dorcey, A.H.J., and Fox, I.K., op. c i t . 35. the 'operative system of representation' i n the p r o v i s i o n system w i l l be described i n Chapter Four. See I n f r a . , pp. 34-36. 36. Swainson, N.A., op. c i t . , p. 14. 37. Gregg, P.M., An A l t e r n a t i v e Approach for the Study of  E f f i c i e n c y i n the Urban Public Sector, prepared for the annual meeting of the Michigan Academy of Sciences, Michigan State U n i v e r s i t y , March 1974, p. 23. 38. see Ibid., p. 12. 39. Litwack and Hylton have suggested that where a conflict between agencies overlaps with areas of common policies, some inter-agency coordination w i l l be necessary to ensure the groups their autonomy in areas of disagreement, while allowing at the same time for a unified effort in areas of agreement. See Litwack, E., and Hylton, L.F., "Interorganizational Analysis: A Hypothesis on Co-ord-inating Agencies," in Administrative Science Quarterly, Volume 6, (March 1962), p. 399. 40. Downs refers to this phenomenom as the 'Law of Counter-vailing Goal Pressures', see Downs, A., op. c i t . , p. 224. 41. that i s , what projects and contracts were discussed, what aspects of the works were reviewed during the exchanges, how extensively were the discussions, and how often might such exchanges take place. See Appendix B, Infra., p. 80. 25 CHAPTER THREE  The Formal Procedures To appreciate how decisions are made i n the Fraser River Flood Control Programme, i t would be useful as a f i r s t step to outl i n e the procedures which were found to be r e g u l a r l y followed i n providing flood protection i n the Lower Fraser. Information obtained i n interviews suggest these procedures can be divided into the three basic stages i l l u s t r a t e d . i n Figure 1: the Preliminary Planning Stage; the Advanced Planning Stage; and the Construction Stage. The Three Stages During the Preliminary Planning Stage there i s an assessment of the benefits and costs associated with providing the necessary prot-ection i n an applying area. I f economically f e a s i b l e , an a p p l i c a t i o n w i l l be approved and the necessary funds made a v a i l a b l e . During the Advanced Planning Stage, the preliminary designs for each of the contracts i n a project area are forwarded by the lead agencies to other agencies with an i n t e r e s t i n c e r t a i n contract features. Inter-agency c o n f l i c t s w i l l be dealt with and the contract designs subsequently f i n a l i z e d . During the Construction Stage, the drawings and s p e c i f i c a t i o n s f o r each contract are drafted, right-of-way lands are acquired, and the works are constructed.2 1. The Preliminary Planning Stage A municipal a p p l i c a t i o n to the Programme^ marks the'beginning of the Preliminary Planning Stage. Such applications are made to the Water Investigations Branch of the P r o v i n c i a l Water Resources Service PRELIMINARY PLANNING STAGE ADVANCED PLANNING STAGE CONSTRUCTION STAGE Municipal A p p l i c a t i o n J o i n t Advisory Board P r o v i n c i a l Assessment of Costs i Federal Assessment of Benefits Benefit-Cost Assessment of Necessary Works for Applying Area Project Report Reviewed by Associated Agencies Contract Schedule |~Contract |Contract 1 Contract c| |Contract DI Contract 1 E l 1 Contract Ft iContract 1 _G[ FIGURE 1 Associated Agencies i Design Proposal Drawings and S p e c i f i c a t i o n s Construction The Formal Procedures for Decision-Making ho 25 and are automatically passed on to the J o i n t Advisory Board. A f t e r the Board's approval i n p r i n c i p l e , i t i s then forwarded to the two lead agencies for an assessment of the benefits and costs of providing adequate protection i n the applying area.^ The Province i s responsible, at t h i s point i n the procedures, for assessing what works are required and estimating the associated construction costs. As a f i r s t step, then, the Water Investigations Branch assigns the a p p l i c a t i o n to a Project Manager and hires a firm of consulting engineers. Project Managers manage and coordinate a l l a c t i v i t i e s r e l a t e d to projects within t h e i r assigned areas.^ The con-sultants are hired by the Province, on behalf of the Programme, to handle te c h n i c a l matters which are beyond the resources of any p a r t i c u l a r government agency. The Project Manager asks the consultants to conduct an en-gineering f e a s i b i l i t y study and prepare a report estimating within ten percent the costs that would be involved i n providing works necessary to meet a s p e c i f i e d standard of protection.6 Jn conducting t h e i r study, and subsequently preparing t h e i r report, the consultants w i l l draw on agencies both within and outside the government f o r data. The cost estimates contained i n t h e i r report serve a two-fold purpose. They provide the applying municipality with a good i n d i c a t i o n of what i t s share of the project costs w i l l be. These cost estimates also provide part of the information required by the f e d e r a l government to determine whether the project i s j u s t i f i e d . As i t s share of the r e s p o n s i b i l i t i e s during t h i s stage, the Inland Waters Directorate assesses the benefits that would accrue 26 in the applying area i f the necessary works were provided. It w i l l get the data i t needs for this assessment from wherever i t can. Their economists thus have a task of benefit analysis which parallels the cost analysis of the consultants. By combining their own findings with those of the consultants, Inland Waters establishes a benefit-cost Eatiosfor the proposed works in the applying area. This benefit-cost assessment is then forwarded, along with the consultants Project Report, to the Joint Advisory Board. The Joint Advisory Board manages the allocation of funds made available to the Programme by the two senior governments. The federal representatives currently on the Board^ are the National Director of Water 1 anagement and Planning in the Inland Waters Directorate, the Regional Director of the Inland Waters Directorate, and the Regional Director of the Fisheries 1 anagement Service. The provincial repre-sentatives are the Deputy 1 inister of the Environment, the Director of Services for the Water Resources Service, and the Director of the Water Investigations Branch. If, based on the preceding benefit-cost assessment, the proposed works for an applying area are economically j u s t i f i e d , the application is approved and becomes a Programme project. As the time for i n i t i a t i o n of the project approaches, the Board allocates the necessary funds. Once the project is approved, the Province w i l l arrange with the local authority to have a provincial-municipal agreement signed. Having received a copy of the Project Report, the municipality w i l l assess i t s a b i l i t y to meet what w i l l be i t s share of the project costs under the terms of the standard cost-sharing formula of the Programme. 27 This formula requires that for each project the applying municipality be responsible for the a c q u i s i t i o n of a l l right-of-way lands and the repair and maintenance of the works once completed. The remaining c a p i t a l costs w i l l be divided equally between the f e d e r a l and p r o v i n c i a l governments. If w i l l i n g to meet i t s share of the project costs, the municipality w i l l sign an agreement with the province and the project proceeds into the Advanced Planning Stage. 2. The Advanced Planning Stage As a f i r s t step i n t h i s stage, the Project Report i s r e f e r r e d by the lead agencies to other agencies (hereafter c i t e d as associated agencies) which have an i n t e r e s t i n c e r t a i n features of the project. These agencies are asked to comment on the e f f e c t s any of the proposed works may have on a resource or i n t e r e s t s of concern to them. The comments of associated agencies at t h i s point give a preliminary i n d i -g cation of the complexities to be dealt with i n p a r t i c u l a r areas of the project. The Project Manager then divides the project into several contracts ranging i n estimated construction costs from $500,000 to $2,000,000. In l i g h t of the complexities predicted and the urgency of providing works i n p a r t i c u l a r areas, a construction schedule i s drafted for the contracts i n the project area. As each contract comes up for design, the consultants draft a preliminary design which w i l l minimize construction costs. The p r e i liminary design proposal i s r e f e r r e d to the associated agencies. An informal process of i n t e r a c t i o n then occurs with these agencies exch-anging information and viewpoints with one another and with the lead agencies. 28 On the basis of these i n t e r a c t i o n s , the posit i o n s of the various agencies become known and common causes often form. Where an agency strongly objects to the i n i t i a l design proposal, i t w i l l propose a l t e r n a t i v e s to the lead agencies. Bargaining usually continues between the associated and lead agencies u n t i l an acceptable compromise i s found. Where the informal i n t e r a c t i o n s f a i l to resolve any problems, meetings w i l l be c a l l e d to enable an exchange of ideas and expediate the process of a r r i v i n g at a sui t a b l e compromise.9 The com-promises which are developed i n response to the input of associated agencies can a f f e c t the design, timing of construction, and l o c a t i o n of the i n i t i a l contract proposal. Where a contract crosses Indian lands, the procedures followed during t h i s stage w i l l be s l i g h t l y a l t e r e d . Although the province s t i l l administers the Construction Stage which follows, Inland Waters w i l l take the lead i n managing the a c t i v i t i e s of the Advanced Planning Stage. This s h i f t i n management i s necessary because Indian a f f a i r s i s a f e d e r a l r e s p o n s i b i l i t y . ^ Inland Waters w i l l arrange f o r the a c q u i s i t i o n of r i g h t of way lands by negotiating with an Indian band through the Department of Indian A f f a i r s . 11 -The need for right-or-way lands to be obtained during t h i s Advanced Planning Stage i s dictated by a Programme p o l i c y not to expropriate Indian land. This factor acts as a constraint i n f l u e n c i n g the design a l t e r n a t i v e s to be considered by associated agencies bargaining f o r 29 a say i n the f i n a l design. In such cases, then, the f e d e r a l government takes the lead i n arranging compromise solutions with the Indians and 12 thus i n arranging a f i n a l i z e d design. 3. The Construction Stage Once i t has been decided, i n consultation with associated agencies, what the design of a contract s h a l l be, the consultants are asked to prepare the necessary drawings and s p e c i f i c a t i o n s . The pre-paration of these documents marks the beginning of the Construction Stage and form part of the contract document as drafted by the l e g a l s t a f f of the Province. While the contract i s being prepared, the municipality w i l l begin to acquire right-of-way lands. Such acquis-i t i o n i s made by ei t h e r gaining an easement, making a land purchase, 13 or expropriating land. Construction can not be started u n t i l a l l the necessary right-of-way lands for a contract have been obtained. The contract document i s then advertised by the Water Inves-t i g a t i o n s Branch. The Branch w i l l review the tenders received and award the contract to the lowest bidder. The consulting engineer and a regional representative of the Branch then become responsible f o r the supervision of on-site construction a c t i v i t y . It i s t h e i r task to ensure that design standards are met i n the construction of the works. Upon completion of the works, a f i e l d inspection of the job i s c a r r i e d out. This inspection r e g u l a r l y includes the responsible Project Manager, a Project Engineer of the Inland Waters Directorate, the regional representative of Water Investigations, and the Municipal 30 Engineer. If a l l p a r t i e s are i n agreement that the work has been s a t i s f a c t o r i l y completed, the contractor i s paid i n f u l l and remains responsible f o r materials and construction for one year thereafter. At t h i s point, by the provincial-municipal agreement, the municipality assumes the r e s p o n s i b i l i t y for maintaining the constructed works.^ NOTES: CHAPTER THREE 1. the information presented i n t h i s Chapter i s based on information obtained i n the interviews and the l i t e r a t u r e that i s a v a i l a b l e on the Fraser River Flood Control Programme. The interviews with representatives of the lead agencies were p a r t i c u l a r l y valuahle for t h i s purpose. The primary written source of information was the Fraser River Flood Control Programme Information Guide, V i c t o r i a : Queen's P r i n t e r , 1968. 2. throughout these formal procedures, the Water I n v e s t i -gations Branch acts as the managing agency of the Programme. As such, i t has a primary r e s p o n s i b i l i t y once an a p p l i c a t i o n i s approved and becomes a 'project' (see I n f r a . , note 4). The f e d e r a l government, for i t s part, i s e s s e n t i a l l y concerned with seeing that funds a l l o c a t e d to the Programme are spent on economically f e a s i b l e projects which w i l l meet the design c r i t e r i a agreed to by the two senior l e v e l s of government (see I n f r a . , note 5). Thus, the primary r e s p o n s i b i l i t y of the Inland Waters Directorate ast<the federal representative i n the Programme i s to see that the Province takes account of these f e d e r a l objectives. This necessitates a continual exchange of information between these two lead agencies through each of the three stages. 3. t e c h n i c a l l y , any l o c a l authority can apply. However, i n the majority of cases—and i n a l l the cases covered by t h i s s t u d y — i t has been a municipality which has macle an a p p l i c a t i o n to i n i t i a t e a project. 4. 'adequate pro t e c t i o n ' has been defined i n the Programme by the design standards which have been adopted. See I n f r a . , note 5. 5. for purposes of d e f i n i t i o n , each municipal a p p l i c a t i o n becomes a project once the funds for design and construction are approved by the Joint Advisory Board. Each Project Manager i s responsible for the contruction of fl o o d control works i n several approved m u n i c i p a l i t i e s . One Project Manager, for instance, may be responsible f o r the Delta p r o j e c t , Queensborough project*; and Harrison project and each of the contracts within each of those p r o j e c t s . 6. a l l works must be constructed to meet the standard of protection the two l e v e l s of government have agreed s h a l l be provided. This standard requires that a l l works be able to withstand a water l e v e l which might be expected to occur on an average of once every two hundred years. The engineering features required to meet t h i s standard of p r o t e c t i o n are defined as the 'design c r i t e r i a ' of the Programme. 7. as of January 1, 1976. 32 NOTES: CHAPTER THREE (cont'd) 8. two factors w i l l d i c t a t e the complexity of the i n t e r a c t i o n s during t h i s stage: the number of l e g a l j u r i s d i c t i o n s crossed; and the number of i n t e r e s t s affected given the p h y s i c a l features of the landscape. See I n f r a . , pp. 38-43 and Chapter F i v e . 9 . as w i l l be suggested i n Chapter Four (see I n f r a . , pp. 38-43) and evidenced i n Chapter Five (see I n f r a . , pp 54-59) compromises do not always occur. The point here i s simply that they usually w i l l occur. 10. S. 91(24). See Gibson, D., " C o n s t i t u t i o n a l J u r i s d i c t i o n over Environmental Management i n Canada", i n University of Toronto Law  Journal, Volube 23 (1973), p.61. 11. the Department of Indian A f f a i r s i s a f e d e r a l agency providing an advisory service to Indian bands. It plays an important ro l e i n providing and guaranteeing a l l Indian shares of contract costs. 12. where Indian lands are involved, the province, as opposed to the l o c a l authority, w i l l be responsible for the maintenance and r e p a i r of the works once construction i s completed. 13. gaining an easement t i t l e to the necessaryylands i s the most common means of acquiring the right-of-way. It i s seldom that expropriation must be resorted to. 14. Section 17(a) of the Flood Control Agreement s p e c i f i e s that the Province s h a l l be responsible f o r the operation and maint-enance of the constructed works (see Appendix A). I t i s assumed, therefore, that i f a municipality were to breach i t s agreement with the Province and f a i l to adequately maintain the works, the Province would become responsible under the terms of the o r i g i n a l f e d e r a l -p r o v i n c i a l agreement. 35 CHAPTER FOUR The Provision System Although an outline of the formal procedures for decision-making i n the Programme i s important for i l l u s t r a t i v e purposes, no chart can ever hope to capture the dynamics of a d e c i s i o n process. One can only hope to obtain a perspective of such processes by studying how the procedures work i n p r a c t i c e . This section w i l l o u t l i n e the r e l a t i o n s h i p which was found to e x i s t between affected i n t e r e s t s and p a r t i c i p a t i n g agencies, and describe the things which happen as these agencies become involved i n the various stages of the p r o v i s i o n system.2 Affected Interests and P a r t i c i p a t i n g Agencies The flo o d c o n t r o l works of the Fraser Fiver Flood Control Programme are being provided by the lead agencies through the procedures outlined i n Chapter Three to protect the investments i n land, c a p i t a l , and human l i f e that l i e behind them from p o t e n t i a l innundation. However, i n addition to residents and property owners, floo d control works a f f e c t other i n t e r e s t s as well—some favourably, others adversely. The findings of t h i s study suggest the i n t e r e s t s affected by the Programme can be divided into three groups: advocate i n t e r e s t s ; c o n d i t i o n a l l y supportive i n t e r e s t s ; and competitive i n t e r e s t s . 3 Groups with advocate i n t e r e s t s have c a p i t a l or land investments they wish to see protected. Most landowners and businessmen on the flood p l a i n f a l l i n t o t h i s category. They w i l l only be concerned i f the Programme f a i l s to provide an adequate amount of pro t e c t i o n . 34 Groups with c o n d i t i o n a l l y supportive i n t e r e s t s i n f l o o d c o n t r o l , while d e s i r i n g the protection afforded by the Programme, w i l l have a d d i t i o n a l c r i t e r i a they want to have met. Included i n t h i s cat-egory are a g r i c u l t u r e and c e r t a i n i n d u s t r i a l i n t e r e s t s . Farmers w i l l want t h e i r land protected by dykes, yet also want an adequate system of i n t e r n a l drainage included i n the contracts. They w i l l also want such i n t e r n a l drainage works to be adaptable to a d d i t i o n a l works which may be i n s t a l l e d at some l a t e r date for i r r i g a t i o n purposes. On the other hand, c e r t a i n r i v e r s i d e i n d u s t r i e s w i l l have constructed works i n or over the e x i s t i n g dyke right-of-way and w i l l be concerned to see that any r e h a b i l i t a t i o n of the e x i s t i n g protection creates a minimal disturbance to these works. Fis h and w i l d l i f e conservation groups w i l l have a competitive i n t e r e s t i n the Programme. The Fraser i s one of the l a r g e s t salmon producing r i v e r s i n North America, and the marshland areas i n the lower reaches of the basin form part of the P a c i f i c fly-way for migratory b i r d s . F i s h and w i l d l i f e populations do not need the protection from floods and may be adversely affected where flood control works would damage or eliminate part of t h e i r habitat. There are a v a r i e t y of government agencies which have an involvement i n the decisions that are made i n the provision system of the Programme. Many of t h e i r objectives overlap with the objectives of the groups of a f f e c t e d i n t e r e s t s i d e n t i f i e d above. It was found that usually the i n t e r e s t s of these groups were protected by govern-ment agencies with s i m i l a r objectives. P a r t i c i p a t i n g agencies, i n e f f e c t , have 'watchdogged' for c e r t a i n groups of affected i n t e r e s t s . ^ 35 The Inland Waters Directorate of the f e d e r a l Department of the Environment i s responsible for f e d e r a l p o l i c i e s concerning water quantity and cooperates with the provinces i n the development and implementation of j o i n t flood c o n t r o l programmes. The Water Inves-t i g a t i o n s Branch of the p r o v i n c i a l Department of the Environment deals with technical matters r e l a t e d to water resources and has a respon-s i b i l i t y for the design and construction of flood control works for the Fraser River Programme. By providing a set standard of flood protection, these two agencies usually protect advocate i n t e r e s t s . The p r o v i n c i a l Department of A g r i c u l t u r e was established to ensure the preservation of a g r i c u l t u r a l resources, p r i m a r i l y i n the the highly f e r t i l e Fraser Valley. In keeping with the c o n d i t i o n a l l y supportive i n t e r e s t s of farmers, i t has had an i n t e r e s t i n seeing that the works of the Programme maximize a g r i c u l t u r a l production and has advocated c e r t a i n design features for i n t e r n a l drainage works. The conservation objectives of groups with an i n t e r e s t i n f i s h and w i l d l i f e conservation are usually protected by three agencies p a r t i c i p a t i n g i n the Programme: the F i s h e r i e s Management Service of the federal Department of the Environment' the Canadian W i l d l i f e Service of the same department; and the B.C. F i s h arid Wild-l i f e Branch of the p r o v i n c i a l Department of Recreation and Conservation. The F i s h e r i e s Management Service has as i t s objective the management and preservation of f i s h e r i e s , other aquatic l i v i n g resources, and 36 the aquatic environment. The Canadian Wildlife Service is responsible for the conservation and management of wild l i f e resources under federal jurisdiction.^ The B.C. Fish and Wildlife Branch is responsible for the management and preservation of fish and w i l d l i f e resources under provincial jurisdiction. These agencies have opposed the Programme where the provision of flood control works have threatened the resources under their respective jurisdictions. In summary, there are three types of interests which were found to be affected by the Fraser River Flood Control Programme. These interests have usually been protected by three categories of p a r t i c i -pating government agencies. In light of this 'watchdog' role usually played by the participating agencies, an important second step to describing the provision system is to outline the kinds of things which happen during each of the three stages of the formal procedures, and with what results. The Preliminary Planning Stage As described in Chapter Three, this stage basically involves an assessment of the costs and benefits that would result from the provision of a set standard of flood protection in an applying area. Information is gathered and assessed and the basis objective of whether or not to provide flood protection in an applying area is set. a. The Cost Assessment Under the supervision of the Water Investigations Branch, the consulting engineers have a two-fold responsibility during this stage: (1) to determine the types of works necessary to meet Programme standards,' and (2) to estimate within ten percent the costs of constructing the works. In gathering the necessary information, they w i l l require a range of tec h n i c a l expertise beyond the capacity of t h e i r own firm. They w i l l therefore, through Water Investigations, draw on agencies from b i t h l e v e l s of government (and perhaps other p r i v a t e consulting firms) f o r data. The municiapl engineer, for instance, i s often contacted by Water Investigations to determine any weak spots which may exi s t i n the dykes, the state of the pump stat i o n s , and areas p a r t i c u l a r l y susceptible to bank erosion. There may be need f or a s o i l d s p e c i a l i s t to examine the contents of the e x i s t i n g dykes and pump stations where such information i s lacking and perhaps, along with other engineers, to examine bank protection and i n t e r n a l drainage requirements. Where s p e c i a l design features need to be incorporated i n t o the cost estimates given the nature of the phy s i c a l landscape, a d d i t i o n a l information w i l l be obtained from knowledgable i n d i v i d u a l s . This information may include facts on the ef f e c t s of t i d e s , s a l t water or d i f f e r e n t types of vegetation on dykes. b. The Benefit Assessment In assessing the benefits of providing the proposed works, economists i n the Inland Waters Directorate also employ the expertise of p a r t i c u l a r l y q u a l i f i e d agencies and i n d i v i d u a l s . The municipality i s often asked for s i t e s p e c i f i c information on road elevations and land values. Other agencies such as the Greater Vancouver Regional D i s t r i c t and the p r o v i n c i a l Department of Municipal A f f a i r s may be consulted regarding p o t e n t i a l growth and development i n an applying 38 area. Groups such as the f e d e r a l Department of Public Works, p r o v i n c i a l Department of Highways, and private i n d u s t r i a l firms are r e g u l a r l y asked to assess p o t e n t i a l s t r u c t u r a l damages. The f e d e r a l and p r o v i n c i a l Departments of Agriculture w i l l provide cost-production schedules for an applying area and t e c h n i c a l information on i n t e r n a l drainage require-ments i n d i c a t i n g when the area should be free from flooding to avoid crop damage. In summary, during the Preliminary Planning Stage the lead agencies contact other agencies for information on the basis of t h e i r t e c h n i c a l expertise, rather than on the basis of their'.interests. Once t h i s information i s gathered, projects are assessed and objectives are set. The Advanced Planning Stage During the Advanced Planning Stage, design proposals for each of the project contracts are drafted which w i l l meet the objectives established i n the Preliminary Planning Stage while minimizing constr-uction costs. A trade-off of affected i n t e r e s t s i s usually made at the working l e v e l s of the p a r t i c i p a t i n g agencies but can be made at the senior l e v e l s of the agencies or at the p o l i t i c a l l e v e l . Once a trade-o f f has been made, designs are f i n a l i z e d . a. Trade-Offs at the Working Level The theory presented in Chapter Two suggested that by increas-ing the number of p a r t i c i p a t i n g agencies i n a decision process once can and w i l l increase the number of p o t e n t i a l i n t e r e s t c o n f l i c t s . The r e f e r r a l s i n v i t i n g the input of associated agencies during the Advanced 39 Planning Stage were found to have such an e f f e c t on the provision system. The water-oriented i n t e r e s t s of the fe d e r a l F i s h e r i e s Service r e g u l a r l y c o n f l i c t with the land-oriented i n t e r e s t s of other p a r t i c i p -ating agencies during the process of i n t e r a c t i o n which occurs. Other agencies, such as the fe d e r a l and p r o v i n c i a l Departments of A g r i c u l t u r e , i n d u s t r i a l development agencies such as the B.C. Harbours Board, and the B.C. Development Corporation, and w i l d l i f e agencies such as the Canadian W i l d l i f e Service, have a common i n t e r e s t i n land yet r e g u l a r l y c o n f l i c t over differences i n the types of land-use they advoctate. In each case observed, some i n i t i a l bargaining occurred among the p a r t i c i p a t i n g agencies, apparently as a r e s u l t of the 'necessity, 8 p o s s i b i l i t y , and p r o f i t a b i l i t y ' of doing so. I t was found that usually cooperation predominates and compromise solutions are developed. The Programme objectives c l e a r l y s p e c i f y that funds a l l o c a t e d for a project w i l l be spent on the construction of works which are cap-able of providing the standard of protection. The a l t e r n a t i v e compro-mise proposals made during t h i s stage must therefore conform to the design c r i t e r i a developed by the lead agencies. Despite t h i s apparent omnipotent bargaining p o s i t i o n of the lead agencies, the i n t e r e s t s of associated agencies are always wighed and usually r e f l e c t e d i n the design adopted. The associated agencies, upon re c e i v i n g a r e f e r r a l , w i l l s t a r t a bargaining process i n motion by i n t e r a c t i n g with one another and with the lead agencies to discuss changes i n the i n i t i a l design proposal which they may desire. On the basis of these informal exchanges, which 40 can take place by telephone, memoranda, and unscheduled meetings, a l l i -ances often form among agencies with common objectives. These a l l i a n c e s can give r i s e to common proposals for a c o n f l i c t r e s o l v i n g compromise which w i l l be drafted and forwarded to the lead agencies f o r their con-s i d e r a t i o n . The lead agencies may agree to the mutual adjustments sugg-ested by the compromise or couter with an a l t e r n a t i v e compromise prop-osal. This i t e r a t i v e process of i n t e r a c t i o n usually continues u n t i l the c o n f l i c t i n g p a r t i e s are able to agree to a s o l u t i o n . Where there are a number of considerations to be taken account of i n a r r i v i n g at a su i t a b l e s o l u t i o n to design problems, committee meetings for negotiation purposes may be c a l l e d by the lead agencies. The exchanges of information and views which occur at such meetings sledom produce an immediate s o l u t i o n to the problems at hand, yet they may enable the p a r t i c i p a t i n g agencies to appreciate the complexities of the case and the types of mutual adjustments which they may have to make i f designs are to be f i n a l i z e d and the objectives met. I t was suggested e a r l i e r that the p a r t i c i p a t i n g agencies w i l l tend to protect a considerable range of i n t e r e s t s affected by floo d c o n t r o l . Organized groups such as the B.C. W i l d l i f e Federation and i t s subsidiary Rod and Gun Clubs depend on p a r t i c i p a t i n g agencies with s i m i l a r objectives f o r protection of t h e i r i n t e r e s t s . Unorganized groups of i n t e r e s t s w i l l have a s i m i l a r dependency on the p a r t i c i p a t i n g agencies. However, while the agencies and i n t e r e s t s may have s i m i l a r objectives, they w i l l not have the same objectives. Some in t e r e s t s may go unprot-ected. Where such i n t e r e s t s become aware of the proposal to dyke an 41 area, they can become involved during t h i s stage through the munici-p a l i t y and a f f e c t the f i n a l design adopted for a contract. In each of the cases studied, when an i n i t i a l design proposal affected an associated agency the designs were not f i n a l i z e d u n t i l some trade-off of positions between the lead and associated agencies had been made. However, these trade-offs were not always accomplished at the working l e v e l s of the provision system. b. Trade-Offs at Other Levels In some instances, the p a r t i c i p a t i n g agencies w i l l disagree over which trade-offs could and should be reasonably made. These d i s -agreements can reduce the cooperation between the i n t e r a c t i n g agencies. Bargaining among the agencies becomes d i f f i c u l t and the development of compromise solutions w i l l be u n l i k e l y . When t h i s occurs, there are avenues for the lead agencies to follow enabling trade-offs to be made at other l e v e l s of the provision system. The involvement of senior c i v i l servants and p o l i t i c i a n s i n the provision system most often occurs when there i s some c o n f l i c t be-tween a number of p r o v i n c i a l agencies. Although p r o v i n c i a l inter-agency c o n f l i c t s were often t y p i c a l of those experienced f e d e r a l l y , the formal procedures i n the federal bureaucracy for trading-off the c o n f l i c t i n g values are complex and have been designed to deal with problems of a much larger magnitude. Where a s u b s t a n t i a l c o n f l i c t has occurred be-tween f e d e r a l agencies and there has been a subsequent reluctance to trade-off p o s i t i o n s , i t has been dealt with informally through the h i e r -9 archies of the c o n f l i c t i n g agencies. 42 The Province has a construction schedule to maintain given i t s r e s p o n s i b i l i t y for the management of working-level a c t i v i t i e s related to the Programme. I t subsequently takes a lead i n encouraging trade-offs between agencies. Where these trade-offs cannot be accom-plished at the working l e v e l s , Water Investigations can r e f e r the matter to the Environment and Land Use S e c r e t a r i a t . As the s t a f f arm of the Environment and Land Use Committee, a committee of p r o v i n c i a l Cabinet Ministers whose Departmetns have some r e l a t i o n to environment and land use problems i n B.C., the Se c r e t a r i a t w i l l act as a mediator to resolve the c o n f l i c t s which occur where complexity or f r u s t r a t i o n l e v e l s are abnormally high."*"^ In cases where the compromises i t proposes to the c o n f l i c t i n g p r o v i n c i a l agencies are not able to y i e l d a s o l u t i o n , the Secretariat w i l l d r a f t a l t e r n a t i v e solutions and r e f e r the matter to the Committee for a p o l i t i c a l d e cision on the matter. A s o l u t i o n i n which some trade-off of c o n f l i c t i n g i n t e r e s t s i s made w i l l then be imposed on the p r o v i n c i a l agencies and, subject to the approval of the federal government, applied to the contract i n question. In summary, the lead agencies w i l l i n t e r a c t during t h i s stage with advocate, c o n d i t i o n a l l y supportive, and competitive agencies with an i n t e r e s t i n the features of a p a r t i c u l a r contract. These associated agencies have c o n f l i c t i n g objectives which w i l l be ' t r a d e d - o f f i n some manner before designs for a contract are f i n a l i z e d . Cooperation among the p a r t i c i p a t i n g agencies i s a highly desirable, but not p r e r e q u i s i t e , factor i n developing the f i n a l design. 43 The Construction Stage In acquiring the necessary right-or-way lands and proceeding to construct, the Water Investigations Branch and the municipality w i l l i n t e r a c t with a number of agencies to overcome p a r t i c u l a r s i t e - s p e c i f i c problems. Agencies with a supporting i n t e r e s t i n the Programme such as the federal Department of Public Works and the p r o v i n c i a l Department of Highways w i l l be contacted for dyke materials. The p r o v i n c i a l Depart-ment of A g r i c u l t u r e may be asked to provide s t o c k p i l e s i t e s f or dredge materials to be used i n a dyke contract. Any associated agency can become involved during t h i s stage i f an i n t e r e s t i t has not previously traded-off becomes affected by construction a c t i v i t y . Usually, the adjustments made i n an accommodation of associated i n t e r e s t s during t h i s stage are minimal. I t i s a simple matter of enforcing the trade-offs made during the Advanced Planning Stage. Iii some instances, however, there may be affected i n t e r e s t s which have not been protected by the p a r t i c i p a t i n g agencies and there-fore were not considered i n the trade-offs made during the preceding stage. When they become aware and concerned with the a c t i v i t i e s of the Programme in a contract area, highly l o c a l i z e d c i t i z e n groups w i l l form and become involved through p o l i t i c a l channels by approaching t h e i r mayor, Member of the L e g i s l a t i v e Assembly, and Member of Parliament. Such o f f i c i a l s can have a considerable impact on the actions subsequently taken. To summarize, agencies with some supporting i n t e r e s t i n the works may be asked by the Water Investigations Branch to a s s i s t i n some way with the construction a c t i v i t i e s of the contractor. Associated 44 agencies may become involved where i n t e r e s t s they have not previously agreed to trade-off become affected. 45 NOTES: CHAPTER FOUR 1. Dahl and Lindblom have suggested that although diagr-amming formal procedures may not prove anything, such an exercise can provide an important t o o l of i l l u s t r a t i o n . See Dahl, R.A., and Lindblom, C.E., " S o c i a l Techniques" i n Ripley, R.B., Pu b l i c P o l i c i e s and Their  P o l i t i c s , N.Y.: Norton and Co., 1966, p. 5. Doern further comments that "...no chart can capture the dynamics of the way i n which h i e r a r c h i c a l authority and power are exerted." Doern, G.B., "The Development of P o l i c y Organizations i n the Executive Arena", i n Doern, G.B., and Aucoin, P., The Structures of Policy-Making i n Canada, Toronto: Bryant Press, 1971, p. 1. 2. the information presented i n t h i s Chapter i s based on the information obtained i n interviews with representatives from each of the types of agencies discussed. 3. there may well be other i n t e r e s t s a f f e c t e d by flood c o n t r o l works i n general. However, for each of the cases to be discussed i n Chapter Five, these were the only three types to have had any involvement. 4. cognizance of t h i s u s u a l l y happening w i l l be taken i n Chapter Five 5. there i s no d i r e c t mention i n the B.N.A. Act of l e g i s l a t i v e j u r i s d i c t i o n over w i l d l i f e species. Nevertheless, by the process of jud-i c i a l i n t e r p e t a t i o n and precedents, w i l d l i f e has come to be condsidered a p r o v i n c i a l r e s p o n s i b i l i t y . However, the law holds that i n t e r n a t i o n a l t r e a t i e s s h a l l take precedence over domestic l e g i s l a t i o n and, as such, the f e d e r a l government enacts l e g i s l a t i o n r e l a t i n g to migratory b i r d s . See The Canadian W i l d l i f e S e r v i c e — i t s functions and scope, mimeo, p. 1. 6. the exceptions to t h i s normal condition which was obser-ved are noted i n Chapter Five. 7. Supra., p. 30n5. 8. see Supra., p. 21n25. 9. as occurred at the G r e y e l l Slough contract, as reported i n Chapter Five. 10. see Report of the Environment and Land Use Secretariat  (1974), V i c t o r i a : Queen's P r i n t e r , 1975, p. 10. CHAPTER FIVE  The Case Studies It was suggested i n Chapter Four that associated i n t e r e s t s w i l l be concerned with p a r t i c u l a r issues i n the Fraser River Flood Control Programme. The negotiations which follow as p a r t i c u l a r i n t e r e s t s become involved i n the pro v i s i o n system are most extensive when competitive i n t e r e s t s are adversely a f f e c t e d . This section w i l l begin by i l l u s t r a t i n g with case study examples the nature of the issues involved when advocate and c o n d i t i o n a l l y supportive i n t e r e s t s seek to influence the nature of a decis i o n . Major attention w i l l then be devoted to i l l u s t r a t i n g the nature of the negotiations and adjust-ments involved i n dealing with competitive i n t e r e s t s . The Involvement of Advocate Interests There was only one case found i n which an advocate i n t e r e s t became involved i n negotiations with the lead agencies i n an attempt to a l t e r an intended action of the Programme. The Project Report for the municipality of Chilliwhack c a l l e d for the dyke to follow the e x i s t i n g alignment behind the Chilliwhack Indian Reserve. Having an advocate i n t e r e s t i n seeing t h e i r land protected, the Indian band asked, through the Department of Indian A f f a i r s , that the plans be amended to include flood protection for t h e i r Reserve. The b e n e f i t -cost assessments f o r the area were subsequently redone and i t now appears that at le a s t some of the Reserve w i l l be dyked. Advocate i n t e r e s t s have also had some involvement i n the 47 Brunswick Point and T i l b u r y Island contracts to be discussed l a t e r . The Involvement of C o n d i t i o n a l l y Supportive Interests There are three contracts i n which c o n d i t i o n a l l y supportive i n t e r e s t s have been the only s i g n i f i c a n t f actor to be accommodated i n some way by the decisions made: Queensborough, Beach Grove-Boundary Bay V i l l a g e , and Matsqui. In the Queensborough contract area, considerable i n d u s t r i a l development has taken place along the r i v e r and several i n d u s t r i e s have b u i l t t h e i r f a c i l i t i e s i n and over the right-of-way or the e x i s t i n g dyke. These i n d u s t r i a l firms became aware of a proposal to r e h a b i l i t a t e the e x i s t i n g dyke when approached by the lead agencies for information that could be used i n the benefit-cost assessment which was being done f o r the o v e r a l l project area. They were concerned that t h e i r works which had previously been protected received t h i s a d d i t i o n a l protection but were concerned that the dyke design and construction a c t i v i t i e s might i n t e r f e r e with t h e i r day-to-day oper-ations. Special designs and a compatible scheduling of construction 2 were subsequently arranged at an a d d i t i o n a l cost to the Programme. Water front residents i n the Beach Grove-Boundary Bay V i l l a g e area became aware of the plans to provide a d d i t i o n a l protection to the area when the consulting engineer was questioned while surveying the landscape for an i n d i c a t i o n of the types of works which might be required i f Programme standards were to be met. These residents were concerned that c e r t a i n dyke designs might a t t r a c t people to the beach subsequently i n t e r f e r i n g with t h e i r privacy and the natural state of 48 the area. The community at large, however, expressed a growing demand for continued and improved access to the beach. Private c i t i z e n groups were formed and began exerting pressure on the municipality. The mayor responded to these p u b l i c pressures by asking the Province . to consult the people with an i n t e r e s t i n the area before f i n a l i z i n g , the design. The lead agencies agreed. Once preliminary design a l t e r -natives have been drafted, plans c a l l for the municipality to e s t a b l i s h an information center for three days and follow-up with a p u b l i c meeting 3 to gauge public reaction. At Matsqui, there were s p e c i a l drainage problems to be dealt with by the i n t e r n a l drainage works of the contract. A system of ditches was designed which the lead agencies f e l t to be t e c h n i c a l l y capable of dealing with the waters which p e r i o d i c a l l y accumulated on the a g r i c u l t u r a l f i e l d s which lay behind the dykes. Before the const-ruction of the system could be completed, a major r a i n storm caused an abnormally excessive accumulation of water i n the f i e l d s which were to be drained. The l o c a l farmers organized and began lobbying to have an a l t e r n a t i v e design constructed at an a d d i t i o n a l cost to the Programme. They approached the p r o v i n c i a l Department of Ag r i c u l t u r e and t h e i r l o c a l M.L.A. f o r support. The problem could not be handled at the working l e v e l and was referred to the Joi n t Advisory Board. The fe d e r a l gov-ernment subsequently indicated i t would be w i l l i n g to change the design (given i t s capacity to meet Programme standards) but would be unwilling to pay any ad d i t i o n a l costs. Their M.L.A. subsequently convinced the Province to provide the necessary a d d i t i o n a l funding and the designs 49 were amended to conform to the farmers demands.H C o n d i t i o n a l l y supportive i n t e r e s t s also had an involve-ment i n the Brunswick Point contract to be discussed l a t e r . The Involvement of Competitive Interests There are several contracts i n which competitive i n t e r e s t s have had an involvement. When these i n t e r e s t s have been 'involved, trade-offs have been made i n one of two ways: eit h e r (1) by r e l a t i v e l y simple adjustments at the working l e v e l s ; or (2) by complex bargaining with other l e v e l s becoming involved i n some bargaining capacity. 1. R e l a t i v e l y Simple Adjustments As suggested e a r l i e r , when competitive i n t e r e s t s become involved i n the p r o v i s i o n system, there i s r e g u l a r l y a c o n f l i c t bet-ween the land-oriented i n t e r e s t s of those with some supporting i n t e r e s t i n the Programme and the water-oriented i n t e r e s t s of those with a concern for f i s h and w i l d l i f e . In cases where problems associated with t h i s c o n f l i c t were overcome by r e l a t i v e l y simple adjustments, one of two things were found to happen as demonstrated by the contracts to be described: e i t h e r (a) there was a mutual adjustment of p o s i t i o n s made by the c o n f l i c t i n g p a r t i e s and a compromise s o l u t i o n was accepted; or (b) a concession was made by the competitive i n t e r e s t s . a. Solution by Compromise The i n i t i a l design proposal for the Vedder Canal•contract included a p r o v i s i o n for s u b s t a n t i a l bank protection work to be done. Upon r e c e i v i n g a copy of the proposal, the F i s h e r i e s Management Service expressed a concern that bank protection along the banks of the Canal 50 could disturb the spawning gravels of t i d a l f i s h . The e f f e c t i v e removal of the r i v e r banks by the p r o v i s i o n of such works would also eliminate a valuable feeding habitata for the f i s h . The lead agencies, however, held that the proposed designs were necessary i f programme standards were to be met. The F i s h e r i e s Service then suggested that i f the works were constructed during the month of August, there would be fewer f i s h i n the area and the p o t e n t i a l adverse a f f e c t s could subsequently be reduced. The extensiveness fo the proposed works, however, meant that the works could not be constructed i n such a short period of time. A s o l u t i o n was reached when o f f i c i a l s at the working levels"' of the lead agencies and the F i s h e r i e s Service agreed that the works would be constructed over a longer period of time with closer supervision to ensure a minimal disturbance to the f i s h populations i n the area. At Kent, the preliminary design proposal c a l l e d f or dykes to be constructed along the e x i s t i n g alignment which was w e l l inland from the main stream of the Fraser and did not cut o f f any t r i b u t a r y waters. What environmental damage could be done to the area had for the most part been done when the e x i s t i n g dykes were constructed. Federal F i s h e r i e s r a i s e d no objections and the designs were f i n a l i z e d . However, there was some concern among o f f i c i a l s i n the F i s h e r i e s Service over the source of dyke materials. The o r i g i n a l plan c a l l e d for the necessary materials to be dredged form the gravel beds of the Harrison River. These f i s h e r i e s o f f i c i a l s argued that there could be a disturbance to the salmon spawning gravels i n the area. The lead agencies subsequently agreed to use land-based gravel p i t s . Otherwise the contract was designed and constructed without complication. 51 The negotiations which gave occurred with regard to the Gre y e l l Slough Contract have been focused on arranging an equitable compromise s o l u t i o n to a c o n f l i c t between competitive i n t e r e s t s and the lead agencies. The i n i t i a l design proposal c a l l e d for the dyke to be realigned across the mouth of the slough with c o n t r o l gates to be i n s t a l l e d to regulate the flow of water into the slough. O f f i c i a l s from the fed e r a l F i s h e r i e s Service, however, argued that some of the 700,000 pink salmons which spawn i n the area annually could be adversely affected i f any work was done i n the slough. However, some control of flows into the slough was of high value to the lead agencies to reduce bank erosion i n the area. Several a l t e r n a t i v e s with varying costs have been considered. Although the exact alighment of the dyke has yet to be agreed upon, there has been one important mutual adjustment made by the agencies concerned. Federal F i s h e r i e s o f f i c i a l s have agreed to allow work to be done i n the area^ i n exchange for the i n s t a l l a t i o n of a s p e c i a l screw pump to allow the migration of f i s h i n and out of the slough to be minimally disturbed. The Programme, through the lead agencies, has agreed to pay for the a d d i t i o n a l works i n exchange for being able to incorporate into the f i n a l design some realignment of the e x i s t i n g dyke for the purposes of c o n t r o l l i n g the flows. b. Solution by Concession In some cases of r e l a t i v e l y simple bargaining, concessions w i l l be made by competitive i n t e r e s t s . A good example i s the O l i v e r Slough contract Csee Figure 2). The i n i t i a l design proposal, i n an attempt to minimize costs, c a l l e d f o r the dyke to be realigned across the mouth of the slough. Having received i t s copy of the proposal 52 FIGURE 2 E x i s t i n g Alignment at O l i v e r Slough and given the resources of funding, s t a f f , and equipment at i t s d i s p o s a l , the f e d e r a l F i s h e r i e s Service proceeded to assess the p o t e n t i a l e f f e c t s of the realignment on the natural habitat i n the slough. There was l i t t l e evidence to suggest the slough was a s i g n i f i c a n t f a c t o r i n the l i f e cycle of many f i s h given the environmental degradation which had already occurred. Although there was an i n d i c a t i o n that withiproper p o l l u t i o n control the slough could become more valuable, F i s h e r i e s recognized that there were two economic factors which posed a s i g n i f i c a n t obstacle to saving the slough: the costs wich would be incurred i f p o l l u t i o n i n the slough was to be adequately regulated; and the considerable costs which could be saved by r e a l i g n i n g . Their subsequent approval of the i n i t i a l proposal to r e a l i g n served as a concession to the lead agencies. 9 Competitive i n t e r e s t s made another concession at the Ewen Slough contract on Westham Island. The Canadian W i l d l i f e Service owns a good part of the Island and has designated i t s properties as w i l d l i f e areas. Bordering some such property are the dykes around 53 Ewen Slough (see Figure 3). As a l e a s t cost a l t e r n a t i v e , the i n i t i a l design proposal for the contract c a l l e d for a realignment of the dyke across the mouth of the slough. The Canadian W i l d l i f e Service had no FIGURE 3 E x i s t i n g Alignment at Ewen Slough objections to such a realignment provided that there could be floo d control gates i n the dyke which would allow i t to regulate water l e v e l s i n the slough f o r use by migratory waterfowl. The lead agencies, how-ever, indicated that they lacked the necessary funds to provide such ad d i t i o n a l works. The Canadian W i l d l i f e Service then dealt with the 54 matter i n t e r n a l l y and was able to generate the funds which were required. The design proposal was then amended to include the s p e c i a l works they had requested."^ O c c a i s i o n a l l y competitive i n t e r e s t s have to make concessions i f the design c r i t e r i a of the Programme are to be met. The Boundary Bay Central contract i s a good example. The B.C. F i s h and W i l d l i f e Branch argued i n th i s case that the removal of blackberry bushes from the right-of-way lands as proposed i n the i n i t i a l designs would have an adverse a f f e c t on the pheasant habitat of the area. However, Pro-gramme standards c a l l f o r the removal of a l l such vegetation. As an adjustment could not be made by the lead agencies without s a c r i f i c i n g a Programme standard, the F i s h and W i l d l i f e Branch made a necessary concession and the bushes were removed."'"''" 2. Complex Bargaining As suggested e a r l i e r , when f r u s t r a t i o n l e v e l s or complexities are p a r t i c u l a r l y high i n the bargaining process associated with a con-t r a c t , there are procedures for the re s o l u t i o n of problems which can be employed. There are four noteable examples i n which t h i s has happ-ened: the T i l b u r y Island contract, the Brunswick Point contract, the Boundary Bay contracts, and the Roberts Bank contract. a. T i l b u r y Island The T i l b u r y Island contract i l l u s t r a t e s the types of compl-e x i t i e s which can occur i n downstream contracts where the number of l e g a l j u r i s d i c t i o n s crossed and the number of i n t e r e s t s affected can be r e l -a t i v e l y great. 55 The i n i t i a l design proposal was o r i g i n a l l y to have c a l l e d for the e x i s t i n g alignment around T i l b u r y Slough to be followed (see Figure 4). At the time the Project Report was prepared f o r Delta, the estimated costs indicated i t would only cost an a d d i t i o n a l $125,000 FIGURE 4 E x i s t i n g Alignment at T i l b u r y Slough to do so rather than r e a l i g n the dyke across the mouth of the slough The cost estimates were subsequently updated and i t was found that $600,000 could now be saved i f the dyke were realigned. By c l o s i n g o f f the mouth of the slough, there would also be an increased flow-past the Island causing a reduction i n the annual amount of sediment deposit i n the area. The slough area consists of two properties one of which i s t i t l e d to the B.C. Development Corporation and the other which i s apparently a bona f i d e accretion. These and subsequent back-up lands have been zoned i n d u s t r i a l . The f o r t y acres of land which could be reclaimed by r e a l i g n i n g the dyke could therefore add to the p o t e n t i a l f or i n d u s t r i a l growth i n the area. Such factors formed the basis of the i n i t i a l designs which were drafted and r e f e r r e d to associated agencies (Alternative A). Although environmental information on the slough area was very scarce, thus hampering e f f o r t s by competitive i n t e r e s t s to substantiate t h e i r arguments, i t became apparenttthat some envir-onmental damage could be done i f the slough were to be closed o f f by the realignment proposed. Federal F i s h e r i e s , the Canadian W i l d l i f e Service, and the B.C. F i s h and W i l d l i f e Branch argued i n essence that such slough areas have t r a d i t i o n a l l y provided a feeding habitat for f i s h and a nesting and feeding habitat f o r waterfowl. Figures were provided which indicated that only twenty percent of the foreshore areas of t h i s type i n the Lower Fraser remain untouched. Although the B.C. Development Corporation, as part of i t s i n d u s t r i a l development plans, had commissioned a p r i v a t e report on the environmental value of the slough, f i s h e r i e s o f f i c i a l s from both the F i s h e r i e s Service and the F i s h and W i l d l i f e Branch disagreed with i t s f i n d i n g s . They argued that i t was not a f a i r r e f l e c t i o n on the annual use of the area which might be expected because the f i s h counts contained.in the report were done during the winter months when f i s h runs i n the Fraser are p a r t i c -57 u l a r l y low. In arguing the possible heavy use of the slough by f i s h and w i l d l i f e populations, they asked that the e x i s t i n g alignment be followed (Alternative B). The lead agencies offered a compromise s o l u t i o n (Alternative C) which would provide for the construction of a control mechanism at the mouth of the slough much as was designed for Ewen Slough. As mentioned, Programme standards c a l l for the removal of a l l vegetation i n the right-of-way. The lead agencies suggested the proposed r e a l i g n -ment would allow much of the vegetation i n the e x i s t i n g right-of-way to remain and continue to form part of the natural habitat. A d dition-a l l y , by providing such a co n t r o l mechanism i n a realigned dyke, water could be permitted to enter the slough up to a lower c o n t r o l l e d l e v e l which, while maintaining the f i s h and w i l d l i f e habitat, would also reduce the amount of pr o t e c t i o n the e x i s t i n g dykes would need to provide, thus eleiminating the need for t h e i r r e h a b i l i t a t i o n . The habitat could be maintained and t o t a l construction costs reduced. However, o f f i c i a l s i n the Canadian W i l d l i f e Service argued that a reduction i n the water l e v e l i n the slough could adversely a f f e c t the nature of the vegetation for the feeding purposes of migratory waterfowl. F i s h e r i e s o f f i c i a l s from the F i s h and W i l d l i f e Branch and the F i s h e r i e s Service suggested that the increased r i v e r flows which would r e s u l t and the p e r i o d i c closing of the slough by the control gates would reduce i f not eliminate any use of the area by f i s h . O f f i c i a l s from each of these competitive agencies expressed a common concern that any realignment would leave open the p o s s i b i l i t y that the slough could be b a c k f i l l e d at some l a t e r date for i n d u s t r i a l development. They substantiated t h e i r concerns with reference to an 58 o r i g i n a l plan by the fe d e r a l Department of Pu b l i c Works to develop a harbour i n the area and the a c q u i s i t i o n of neighboring lands by the B.C. Development Corporation. The municipal engineer also countered the claims that the vegetation i n the e x i s t i n g right-of-way could remain i f control structures were i n s t a l l e d by arguing that i t would hamper the maintenance a c t i v i t i e s of the m u n i c i p a l i t y which would be required along the old dyke i f there was to be any water i n the slough. The question of l e g a l control of the land i n the slough has subsequently become an important consideration. I t would not matter who owned the land and f o r what purposes i t might be developed i f the slough was simply closed by a realignment. However, i t became clear that i f the slough was to be even p a r t i a l l y saved i n i t s natural state by the f l o o d c o n t r o l design adopted, then some con t r o l of the future use of the land would be e s s e n t i a l . I f the land owners could not be prevented from b a c k f i l l i n g t h e i r lands i n the slough, the i n s t a l l a t i o n of a control mechanism or a r e h a b i l i t a t i o n of the e x i s t i n g alignment would be a waste of money. The lead agencies recognized these considerations and suggested the savings i n cost and the gains to w i l d l i f e of i n s t a l l i n g a control mechanism i n a realigned dyke would be a t t r a c t i v e i f the development of the slough properties could be c o n t r o l l e d . A committee meeting of the primary i n t e r a c t i n g agencies was c a l l e d to discuss the various a l t e r n a t i v e s that had thus far been considered and to suggest the v i a b i l i t y of t h i s newest a l t e r n a t i v e . Representatives from the Inland Waters Directorate, the Water Investigations Branch, the 59 municipal engineer's o f f i c e , the consulting firm, Federal F i s h e r i e s , the Canadian W i l d l i f e Service, B.C. Fis h and W i l d l i f e , and the B.C. Development Corporation exchanged views on the s i t u a t i o n and agreed that because the t o t a l estimated costs of i n s t a l l i n g control mechanisms i n a realigned dyke and obtaining control of the slough properties (as per A l t e r n a t i v e D) were les s than those f o r A l t e r n a t i v e B and contained a provision f o r gaining control of the area, t h i s newest a l t e r n a t i v e merited serious consideration. • >••- z. ' i/Itawas generally agreed that the spending of a d d i t i o n a l funds on the contract would have to be economically j u s t i f i e d . Such j u s t i f i c a t i o n would therefore have to be based on the value of the slough as a nat u r a l h a b i t a t . An environmental assessment of the slough w i l l subsequently be done. There are much larger questions a r i s i n g from the problems confronted i n the flood control contract at T i l b u r y Island. I f money i s spent to gain control of the slough and r e t a i n the area as a natural habitat, i t could also prove to be wasted i f a d d i t i o n a l development i s permitted i n the surrounding areas presently zoned i n d u s t r i a l . The heavy i n d u s t r i a l development of the area could p o l l u t e the waters i n the slough and reduce or eliminate i t s usefulness as a f i s h e r i e s habitat. Water Investigations has subsequently asked the Environment and Land Use Secretariat f o r an explanation of the p r o v i n c i a l land-use p o l i c y for the area. Apparently as a r e s u l t of the complications a r i s i n g out of the T i l b u r y f l o o d control negotiations, the Secretariat has undertaken an assessment of the a l t e r n a t i v e land-60 uses which might be adopted i n a reassessed p o l i c y f o r the area. The Lands Service has done an environmental study for the area. The P o l l u t i o n Control Branch i s assessing the p o t e n t i a l e f f e c t s on the n a t u r a l habitat i n the slough area of continued i n d u s t r i a l development i n surrounding areas:' The Parks Branch has also been approached to answer questions r e l a t i n g to the management of any habitat which may be preserved. The environmental assessment being c a r r i e d out by competitive agencies for the Flood Control Programme w i l l apparently also form part of i t s reassessment. I t i s reasonable to assume that the p r o v i n c i a l land-use p o l i c y f or the area which i s defined and the zoning changes, i f any, which subsequently^occu'riwilfliahave a s i g n i f i c a n t bearing on the design proposal which i s f i n a l l y adopted f o r the dyke contract.12 b. Brunswick Point As indicated, i t i s the standard p r a c t i c e of the Programme to follow a l l e x i s t i n g dyke alignments i n the Lower Fraser except where cost factors encourage a realignment. At Brunswick Point, however, there were two e x i s t i n g alignments (see Figure 5). The DELTA N FIGURE 5 -E x i s t i n g Alignments at Brunswick Point 61 consultants indicated i n the i n i t i a l designs the costs which would be required to follow e i t h e r alignment. As the costs for r e h a b i l i t a t i n g the inner and outer dykes were r e l a t i v e l y s i m i l a r , and because as a r e h a b i l i t a t i o n of an e x i s t i n g dyke the environmental damage to be done was minimal, the Inland Waters Directorate received clearance from fe d e r a l associated agencies to allow the Province to make the alignment decision. As the informal exchange of views and information took place among p r o v i n c i a l associated agencies, i t became clear to the Water Investigations Branch that there were a number of issues involved. The B.C. F i s h and W i l d l i f e Branch was suggesting that the inner alignment be followed. The land outside the inner dyke could then be developed as a w i l d l i f e sanctuary and some construction and maintenance costs could be saved. The p r o v i n c i a l Department of A g r i c u l t u r e , however, expressed a concern over the continued loss of prime a g r i c u l t u r a l land i n the Fraser V a l l e y such as that protected at present by the e x i s t i n g outer alignment. The B.C. Harbours Board owns the property as part of i t s back-up lands to the Roberts Bank Superport development and indicated that at some future date they may want to develop the land i n d u s t r i a l l y . I t asked that the outer alignment be followed. The B.C. Land Commission had the land i n question as part of i t s A g r i c u l t u r a l Land Reserve, and objected to the suggestion that the inner alignment be followed. Water Investigations had a construction schedule to maintain and suggested a compromise s o l u t i o n . They suggested that by following the outside alignment, the land could be designated as e i t h e r a b i r d 62 sanctuary, i n d u s t r i a l s i t e , or a g r i c u l t u r a l land at some l a t e r date. Although agreed to by the B.C. Harbours Board, t h i s proposal was not approved by the B.C. Fish and W i l d l i f e Branch. In an e f f o r t to expediate a trade-off of the c o n f l i c t i n g views and f i n a l i z e the contract designs, the Water Investigations Branch re f e r r e d the problem to the Environment and Land Use S e c r e t a r i a t . The Secretariat was also unable to arrange a compromise among the c o n f l i c t i n g p a r t i e s . On the basis of the various p o s i t i o n s that had arisen from among the associated agencies, i t developed three a l t e r n a t i v e s which could be adopted as designs f o r the contract and asked that the Environment and Land Use Committee s e t t l e the issue by making a choice. The f i r s t a l t e r n a t i v e provided for the inner alignment to be followed at a cost of $128,000 and for the remaining land beyong the r e h a b i l i t a t e d inner dyke to be designated as a waterfowl sanctuary. A second a l t e r n a t i v e provided for the outer dyke alignment to be followed at a cost of $383,000. The t h i r d a l t e r n a t i v e provided for the r e h a b i l i t a t i o n of both e x i s t i n g dykes. Water l e v e l control methods in v o l v i n g internal!drainage works could be provided and administered by an inter-Departmental committee. This a l t e r n a t i v e would permit a use of the area by both a g r i c u l t u r e and w i l d l i f e . Although cost estimates were not provided i n t h i s l a t t e r a l t e r n a t i v e , i t was expected that the costs would be great. A f t e r considering these three a l t e r n a t i v e s , The Environment 63 and Land Use Committee decided that the second a l t e r n a t i v e was to be adopted. Designs were f i n a l i z e d and the outer dyke was rehabilitated.13 c. Boundary Bay The Boundary Bay contracts discussed e a r l i e r have also involved complications of land-use p o l i c y by v i r t u e of the involvement of competitive i n t e r e s t s i n the decision process. Part of the o r i g i n a l plan for the r e h a b i l i t a t i o n of the e x i s t i n g sea dykes around Boundary Bay was to use the Bay as a cheap source of dyke materials. F i s h e r i e s o f f i c i a l s from the B.C. F i s h and W i l d l i f e Branch objected to t h i s plan on the grounds that the dredging a c t i v i t y could damage the s e n s i t i v e f i s h e r i e s habitat i n the area. It subsequently contacted other agencies with s i m i l a r competitive i n t e r e s t s i n the Programme asking for support of t h e i r p o s i t i o n . The Marine Resources Service of the p r o v i n c i a l Department of Recreation and Conservation was asked for support given t h e i r concern over a c t i v i t i e s which could have a detrimental e f f e c t on commercial f i s h . The f e d e r a l F i s h e r i e s Service was asked for support on the basis of t h e i r concern for the conservation of t i d a l f i s h populations. The lead agencies subsequently agreed to use land-based gravel p i t s f o r dyke materials at an a d d i t i o n a l cost to the Programme of over $1 m i l l i o n . F i s h e r i e s o f f i c i a l s from B.C. F i s h and W i l d l i f e also expressed a concern over possible encroachments, of the dyke slopes on the s e n s i t i v e foreshore areas of the Bay. They argued that a steeper slope could minimize such encroachment and thus p o t e n t i a l environmental damage. However, the lead agencies indicated that 64 by designing for a steeper slope, a heavier, more expensive dyke material would have to be used to counteract the natural erosion caused by wave acti o n . Much of the foreshore consists of environ-mentally unproductive coarse materials. A compromise s o l u t i o n was A agreed to which would allow the F i s h and W i l d l i f e Branch to set standards for the amount of encroachment that could be permitted with-out s e r i o u s l y damaging what natural habitat there was. The Water Investigations Branch, as a r e s u l t of these i n t e r -actions with competitive agencies, began to recognize the r e c r e a t i o n a l p o t e n t i a l s of the area. The Greater Vancouver Regional D i s t r i c t planning committee was asked for i t s report on the area which outlined the possible a l t e r n a t i v e future uses of the area which ranged from conservation to an extensive r e c r e a t i o n a l development. In l i g h t of these possibilities,=Water Investigations approached the Environ-ment and Land Use Secretariat f or an assessment of p r o v i n c i a l land-use plans for the area. The S e c r e t a r i a t , upon reviewing the poss-i b i l i t i e s , then r e f e r r e d the Water Investigations Branch to the Parks Branch of the Department of Recreation and Conservation to enable an assessment of the r e c r e a t i o n a l uses which could be incorporated into the dyke designs for the contracts i n the area. The Environment and Land Use Committee subsequently indicated the Province would be w i l l i n g to make a d d i t i o n a l funds a v a i l a b l e f or such a s o c i a l l y s e n s i t i v e area. The Water Investigations Branch then instr u c t e d the consultants to prepare i n i t i a l design proposals for each of the Boundary Bay contracts 65 which would be compatible with the a l t e r n a t i v e land-use p o l i c i e s being considered by the Environment and Land Use Committee and i t s Secretariat.14 d. Roberts Bank There i s evidence to suggest that, at Roberts Bank, there have been a number of complexities involved i n the contract, not the l e a s t of which has been the d i r e c t r e s u l t of the a c t i v e and dissenting p a r t i c i p a t i o n of several private i n t e r e s t groups. The most economic project i n t h i s case would have involved r e h a b i l i t a t i n g the e x i s t i n g alignment of the dyke which runs through the Tswassen Indian Reserve. However, the Indian band had gained l e g a l t i t l e to over 200 acres of forshore accreted land and i n s i s t e d that i f the dyke was to cross t h e i r land i t be .^routed along the seaward edge of t h i s property. As a means of avoiding uncontrolled dyking of the land by the band, and i n l i e u of the p o s i t i v e economic benefits that could be r e a l i z e d by developing the land, the consulting engineers were instructed to prepare i n i t i a l designs for a realignment of the dyke i n conformity with the Indians' demands. This i n i t i a l design proposal was r e f e r r e d to the associated agencies and, subject to minor r e v i s i o n s , the contract was approved. At the request of the F i s h e r i e s Service, several clauses were included i n the contract p r o h i b i t i n g dredging and s t o c k p i l i n g a c t i v i t i e s i n l i g h t of the environmental value of the adjoining areas at a s u b s t a n t i a l a d d i t i o n a l cost to the Programme. However, as construction proceeded, private conservation groups, backed by the opinions of f e d e r a l and p r o v i n c i a l b i o l o g i s t s , began quest-ioning the environmental damage that was to be done by the realigned dyke. 66 These groups mounted a s u b s t a n t i a l lobby. In response to the pressures exerted by the B.C. W i l d l i f e Federation, and the Society for P o l l u t i o n and Environmental Control (S.P.E.C.), among others, the ministers from the federal and p r o v i n c i a l Departments of the Environment f i n a l l y intervened and ordered construction on the project halted. Complex negotiations, such as those outlined i n other case studies, have since been taking place i n an attempt to f i n d an equitable a l t e r n a t i v e to the realigned dyke.''""' 67 NOTES: CHAPTER FIVE 1. information on t h i s contract i s based on the comments of eleven respondents who had some involvement i n one of the agencies mentioned. 2. information on t h i s contract i s based on the comments of f i v e respondents. These respondents were from the Water Investigations Branch, Inland Waters Directorate, Federal F i s h e r i e s Service, and B.C. F i s h and W i l d l i f e Branch. 3. respondents from Water Investigations, the Environment and Land Use S e c r e t a r i a t , B.C. F i s h and W i l d l i f e , and the consulting firm provided information on t h i s contract. 4. s i x respondents provided information on this contract. These respondents were from the Inland Waters Dir e c t o r a t e , B.C. Fish and W i l d l i f e , the p r o v i n c i a l Department of A g r i c u l t u r e , and Water Investigations. 5. the bargaining which takes place at the working l e v e l does not include senior o f f i c i a l s from the bargaining agencies although there w i l l be a natural communication of information between these working and senior l e v e l o f f i c i a l s . 6. information on t h i s case i s based on the responses of i n d i v i d u a l s from the Inland Waters Directorate, Federal F i s h e r i e s Service, and the Water Investigations Branch. 7. senior o f f i c i a l s i n the Federal F i s h e r i e s Service, Inland Waters Directorate, and Water Investigations had an involvement i n the negotiations i n t h i s case. Although the adjustments agreed to were made by what i s termed here as ' r e l a t i v e l y simple bargaining'., because the stakes f o r both the competitive and advocate i n t e r e s t s i n t h i s case were p a r t i c u l a r l y high, these o f f i c i a l s became involved by o u t l i n i n g to each other which a l t e r n a t i v e s could and could not be considered reasonable. 8. respondents from the Inland Waters Directorate and Federal F i s h e r i e s Service provided the bulk of the information presented. 9. the Project Manager, municipal engineer, Project Engin-eer (with Inland Waters), provided t h i s infromation. NOTES: CHAPTER FIVE (cont'd) 10. the respondents from the Inland Waters Directorate, Water Investigations, the municipal engineer, the consulting engin-eer, and the Canadian Wildlife Service provided this information. 11. the Project Engineer, Project Manager, consutling engineer, and municipal engineer provided the information presented. 12. the information presented is based on interviews with the Project Manager, the municipal engineer, the consultint engineer, other o f f i c i a l s in the Water Investigations Branch, and o f f i c i a l s from the Inland Waters Directorate, Federal Fisheries Service, Canadian Wildlife Service, B.C. Fish and Wildlife, the provincial Lands Service, and the Environment and Land Use Secretariat. Additional information was obtained from the minutes of the meeting which was called by the lead agencies. 13. interviews with o f f i c i a l s from the Environment and Land Use Secretariat, B.C. Fish and Wildlife, Federal Fisheries, Water Investigations, and in particular with the Project Manager, municipal engineer, and Project Engineer provided this information. 14. o f f i c i a l s from the Environment and Land Use Secretar-iat, B.C. Fish and Wildlife, Federal Fisheries Service, consulting engineer, Water Investigations, and Inland Waters Directorate provided the information presented. 15. federal and provincial o f f i c i a l s were unable to provide any information on this contract given the controversy surrounding the issues involved. The information presented has therefore been based on an interview with the B.C. Wildlife Federation, and the following media accounts of the contract: "Dike Building halt urged", in the Vancouver Sun, May 31, 1975; "Dike job under study", in Ibid., June 25, 1975; "Dike work cutback asked", in Ibid., June 27, 1975; Thomas, L., "Indians propose cash or land trade in dike project", in Ibid., July 15, 1975, p. 2; and Thomas, L., "Williams promises to probe Roberts Bank dike project", in Ibid., June 24, 1975, p. 16. 69 CHAPTER SIX  Concluding Observations This study has i d e n t i f i e d the process of decision-making i n the Fraser River Flood Control Programme and the r o l e s played by various affected i n t e r e s t s i n that process. In t h i s f i n a l section, conclusions are drawn from the information presented i n the preceding chapters and some observations are made which suggest avencues for further i n v e s t i g a t i o n s . Conclusions The procedures defined i n Chapter Three, the provision system described i n Chapter Four, and the evidence provided i n Chapter Five suggest the following conclusions can be drawn: 1. The only s i g n i f i c a n t involvement of affected i n t e r e s t s  i s during the Advanced Planning Stage when i n i t i a l design proposals are prepared and referred to associated agencies. During the Prelim-inary Planning Stage, the lead agencies w i l l contact other agencies to secure information rather than opinions. During the Construction Stage, as s o c i a t i o n i n t e r e s t s become involved only i f there has been a departure from the trade-offs previously made or i f p a r t i c u l a r i n t e r e s t s were not considered i n the trade-offs that were made. 2. Advocate i n t e r e s t s (outside the lead agencies) do not  play a prominent r o l e i n the d e c i s i o n which are made. I t i s reason-able to suggest they are s a t i s f i e d that the objectives of the Progr-amme usually accommodate t h e i r i n t e r e s t i n seeing fl o o d protection 70 p r o v i d e d . Where advocate i n t e r e s t s do p l a y a prominent r o l e , they w i l l e i t h e r be concerned t h a t t h e p r o t e c t i o n may be in a d e q u a t e o r i n t e r e s t e d i n p r o p o s a l s t o p r o t e c t a d d i t i o n a l l a n d . 3. The accommodation o f c o n d i t i o n a l l y s u p p o r t i v e i n t e r e s t s  has g e n e r a l l y not been d i f f i c u l t . I n each o f the cases which have been s t u d i e d and a r e now c o n s t r u c t e d ( M a t s q u i and Brunswick P o i n t ) the d e s i g n f e a t u r e s they advocated formed p a r t o f the f i n a l d e s i g n a t an a d d i t i o n a l c o s t t o t h e Programme. 4. The accommodation o f c o m p e t i t i v e i n t e r e s t s i s more  d i f f i c u l t . When th e s e i n t e r e s t s c o n f l i c t w i t h j u s t the l e a d a g e n c i e s , r e l a t i v e l y s i m p l e adjustments a r e made. These can be e i t h e r a mutual adjustment l e a d i n g t o a compromise s o l u t i o n o r a c o n c e s s i o n made by the c o m p e t i t i v e i n t e r e s t s . M utual adjustments a r e i d e n t i f i e d when the c o s t s t o the c o m p e t i t i v e and l e a d a g e n c i e s a r e r o u g h l y e q u a l . When t h e i r demands a r e not too i m p o r t a n t o r when an accommodation o f t h e i r i n t e r e s t s would i n v o l v e s a c r i f i c i n g Programme s t a n d a r d s , c o m p e t i t i v e i n t e r e s t s w i l l have t o make c o n c e s s i o n s . When the e n v i r o n m e n t a l l o s s e s which c o u l d be i n c u r r e d by a d o p t i n g a p a r t i c u l a r d e s i g n p r o p o s a l a r e p a r t i c u l a r l y h i g h and t h e r e a r e a number of o t h e r a g e n c i e s a f f e c t e d by t h e d e s i g n adopted, e x t e n s i v e n e g o t i a t i o n s take p l a c e i n s e a r c h o f an e q u i t a b l e t r a d e - o f f . I f com-p l e x i t i e s or f r u s t r a t i o n l e v e l s become c o n s i d e r a b l e , s u p e r i o r a u t h o r i t y can be r e s o r t e d t o and p l a y a prominent r o l e i n t h e t r a d e - o f f s which a r e made. 5. G e n e r a l l y s p e a k i n g , a f f e c t e d i n t e r e s t s r e l y h e a v i l y upon 71 p a r t i c i p a t i n g government agencies to defend t h e i r i n t e r e s t s . Private i n t e r e s t groups can form and become involved when p a r t i c u l a r affected i n t e r e s t s decide t h e i r i n t e r e s t s have not been adequately represented. Such i n t e r e s t group involvement in the p r o v i s i o n system i s most note-able among c o n d i t i o n a l l y supportive i n t e r e s t s . 6. Commitments are made before a f f e c t e d i n t e r e s t s are asked  to comment. During the Preliminary Planning Stage, information i s gathered and assessed and objectives are set. I t i s not u n t i l the Advanced Planning Stage that the opinions of affected i n t e r e s t s form part of the decisions made. Further Research and Investigations There are a number of points i n t h i s study which could be addressed i n future i n v e s t i g a t i o n s . 1. There appears to be a s u b s t a n t i a l opportunity for the consideration and subsequent accommodation of affected i n t e r e s t s through the p a r t i c i p a t i n g agencies. However, as one respondent noted, i t i s reasonable to assume that the p u b l i c i s generally not aware that the Fraser River Flood Control Programme e x i s t s . I t i s apparent that there are no s p e c i f i c procedures for giving the general public an opportunity to respond to the various design proposals which are considered by the p a r t i c i p a t i n g agencies. As suggested e a r l i e r , the objectives of the government agencies are not the same as those of affected i n t e r e s t s . An assessment of how w e l l agencies p a r t i c i p a t i n g i n the Programme i n fa c t r e f l e c t the i n t e r e s t s affected i s therefore necessary. 2. Many of the adjustments made during the Advanced Planning 72 Stage are made at a substantial additional cost to the Programme. These adjustments are often made to accommodate interests not previously consulted,. The commitments made during the Preliminary Planning Stage are based on a benefit-cost assessment of economic f e a s i b i l i t y . It would be useful to compare the i n i t i a l cost estimates made to determine the f e a s i b i l i t y of various projects with the actual capital outlays following the various adjustments made. These should also be compared with the original assessment of benefits. The procedures for gathering and assessing information on which the commitments to provide dykes are made also need much additional study. 73 APPENDIX A  The Fraser River Flood Control Agreement A G R E E M E N T covering a plan forflood control in the Fraser Valley, British Columbia THIS A G R E E M E N T made the 24th day of May, 1968. B E T W E E N T H E G O V E R N M E N T O F C A N A D A (hereinafter referred to as "Canada"), represented by the Honourable Jean-Luc Pepin, Minister of Energy, Mines and Resources of Canada O F T H E FIRST P A R T , A N D T H E G O V E R N M E N T O F T H E P R O V I N C E O F BRITISH C O L U M B I A (hereinafter referred to as "the Province"), represented by the Honourable Ray Williston, Minister of Lands, Forests and Water Resources O F T H E S E C O N D P A R T . W H E R E A S the Fraser River Valley and other areas adjacent to the Lower Fraser Valley of British Columbia have in the past experienced widespread losses and damages from flooding; AND W H E R E A S such flood loss and damage can be reduced by a program of works; AND W H E R E A S Canada and the Province have agreed that it is in the national and the provincial interest to undertake jointly a comprehensive program of flood control for the area; AND W H E R E A S Canada and the Province have agreed on a general flood con-trol program, hereinafter referred to as "the Program" for the area and on a plan for its implementation as described herein; AND W H E R E A S HIS E X C E L L E N C Y , the Govemor-in-Council by Order-in-Council P.C. 1968.-3/1018 of May 29, 1968 has authorized the Minister of Energy, Mines and Resources to execute this Agreement on behalf of Canada; AND W H E R E A S HIS HONOUR, the Lieutenant Governor-in-Conncil by Ordcr-in-Council No. 1629, 1968 has authorized the Minister of Lands, Forests and Water Resources to execute this Agreement on behalf of the Province; NOW T H E R E F O R E , it is agreed by and between the parties hereto as follows: 1. The purpose of this Agreement is the joint undertaking of a program of studies and works for flood control aimed at substantially reducing the flood threat to this area. 2. A l l projects undertaken under the Program shall be approved by the parties hereto and shall be substantially consistent with the Program Guide, attached hereto as Schedule " A " , which describes and defines the basic outline of the Program and the objectives sought to be attained thereby. 3. Subject to the terms and conditions of this Agreement and subject to the funds being voted by Parliament, the aggregate sum which Canada shall be liable to contribute i n respect of the Program and projects hereunder, as more particu-larly described and defined i n the Agreement and Schedule " A " hereof, shall not exceed $18,000,000. 4. Subject to the terms and conditions of this Agreement and subject to the funds being appropriated by the provincial legislature of British Columbia, the Province shall contribute, i n respect of the Program and projects hereunder, the sum of $18,000,000 exclusive of the cost of operating and maintaining said pro-jects after an agreed completion date. 5. Canada and the Province from time to time during the life of this Agree-ment may approve proposed development projects of the Program which are practical, engineeringly sound, economically justified, and substantially consistent with the Program Guide, but in no circumstances shall funds be contributed i n respect of any project or part of the Agreement unless approval thereof by Canada and the Province has been given. 6. Canada and the Province upon request shall give to the other any i n -formation about the Program or any project thereof. 7. Canada and the Province i n a mutually agreed form shall approve an-nually, on or before the first of September of each year, estimates of the cost of the Program and projects hereunder to Canada and to the Province for the fiscal year beginning the first of A p r i l next following. Canada and the Province on the first of M a y of each year shall approve a forecast of estimated expenditures during the five fiscal years subsequent thereto, or over the period of time remaining in the Agreement, whichever is the lesser. 8. Canada and the Province shall keep complete records of all expenditures made pursuant to the Agreement and shall support such expenditures with proper documentation. Canada and the Province upon request shall make these records and documents available to auditors appointed by the other. 9. Subject to the cost sharing provisions of this Agreement, Canada shall pay to the Province expenditures made by the Province pursuant to this Agree-ment upon the submission of a claim in a mutually agreed manner and form by the Province, certified by a senior official of the Province, and bearing a Pro-vincial audit certificate. 10. Each development project agreed to by Canada and the Province shall specify each party's respective share of the cost of the undertaking. 11. In the event that Canada and the Province agree that further studies or information with respect to the Program demonstrate that the objecives and basic guidelines provided for by paragraphs 2, 3 and 4 and described in Schedule " A " hereof require alteration and amendment, the Agreement may from time to time be reviewed by the parties hereto and, with the approval of the Governor-in-Council and Lieutenant Governor-in-Council, may be revised. 12. The following conditions with respect to employment and the awarding of contracts under this Agreement shall apply to all projects carried out under this Agreement and, in the case of sub-paragraph (b) hereof, shall be made a condition of all contracts entered into as a result of this Agreement. (a) Where practicable, the recruiting of labour shall be conducted through the Canada Manpower Division of the Department of Man-power and Immigration. (b) In the employment of persons on any project there shall be no dis-crimination by reason of race, national origin, colour, religion or political affiliation. 13. (a) This Agreement shall not be construed as to vest in Canada any proprietary interest in the projects constructed hereunder, (b) Except for acts of God, the Province shall save harmless and in-demnify Canada for and against any and all liability, loss, damages or expenses, which may be suffered or created as a result of imple-menting the Program or projects hereunder and for the implementa-tion of which Canada is not directly responsible hereunder. 14. This Agreement shall commence on, and take effect from, the date on which it becomes signed by both Canada and the Province and no costs incurred more man 60 days prior to that date shall be eligible or considered for payment under this Agreement except those specifically provided for in paragraph 21. The Agreement shall terminate 10 years from the date of signing, and no project or program shall be approved after that date, and no claim for contribution made in respect of any project or program under this Agreement or part of the pro-gram under this Agreement shall be paid unless it is received by Canada within one year following the agreed completion date of the approved project. This agreement may be renewed for any further period agreed upon by the parties hereto, but such renewal shall be subject to the approval of the Governor-in-Council and the Lieutenant Governor-in-Council. 15. (a) No Member of Parliament or member of the Legislature of the Province shall hold, enjoy or be admitted to any share or part of any contract, agreement, commission or benefit arising out of any project under the Agreement. " (b) Canada and the Province agree that in carrying out the Program or any project under this Agreement they shall observe and abide by the conditions respecting fair wages and hours of work under the Fair Wages and Hours of Labour Act, R.S.C., 1952, c. 108. Administration 16. The purpose and intent of this section is to establish managerial machinery to implement effectively the Program described in this Agreement; to provide for adequate co-ordination among Canada, the Province and their agencies herein affected; to ensure that by placing management of that portion of the Program which is assigned by the Joint Program Committee as defined in para-graph 18 (b) to the Province in the hands of one provincial agency there is co-ordinated and comprehensive execution of the whole Program; and to arrange for continued joint involvement and participation by Canada and the Province in the planning and operation of the Program. 17. (a) The Province, through its agency the Department of Lands, Forests and Water Resources, shall be responsible for constructing approved projects, for operation and maintenance of the projects and for implementing all other portions of the Program assigned to the Province by the Joint Program Committee. (b) Local authorities may, pursuant to an undertaking between the Province and the local authority, carry out all or part of the project on behalf of the Province and share in paying the cost thereof, as shall be provided under paragraph 21, but any such delegation of responsibility undertaken by the Prov-ince under the Agreement shall not release the Province from its obligations under this Agreement. 18. Canada and the Province shall participate in a process of joint planning. To facilitate this process there shall be established: (a) A Joint Advisory Board consisting of six members at a senior level, three of whom will be appointed by Canada and three by the Province. This Board shall meet at least once each year and shall report to the Minister of Energy, Mines and Resources of Canada and to the Minister of Lands, Forests and Water Resources of the Province on its evaluation of the progress of the Program, its views and recommendations with respect to its implementation, the annual budget set aside for the Program and its plan for the forthcoming year. (b) A Joint Program Committee consisting of three members appointed by Canada and three by the Province. This Committee shall be responsible for carrying out the joint planning and studies, the recommendation of projects for approval by Canada and the Province, and the co-ordination of the implementa-tion of approved projects. The Committee may recommend to the Provincial Civil Service Commission appointment of a Program Director and such other staff as may be needed from time to time to assist it in the performance of its duties; the Program Director and such other staff shall be responsible, func-tionally, to the Joint Program Committee. The Committee shall report to the Joint Advisory Board. 19. The Province shall provide the staff including any field staff and adminis-trative facilities necessary to implement the construction phase of the Program and any portion of the Program assigned to the Province by the Joint Program Committee. Cost sharing 20. I n respect of costs directly related to the administration of this Program, including staff and consultant costs, Canada shall contribute 50 per cent of the total cost. 21. (a) Canada shall contribute 50 per cent of the costs incurred by the Province i n the planning, design, and construction of projects under this Agree-ment, after deducting that portion to be paid by local interests benefiting. (b) In the case of all projects constructed, local interests benefiting shall pay an equitable proportion of the cost of the project. This proportion shall be established for each project approval. (c) The costs incurred by the Province with respect to this paragraph shall include those costs incurred prior to the signing of the Agreement with respect to improvements of the dykes done under emergency conditions, particu-larly following the highwater period of 1964, which are i n conformity with guide-lines established under this Agreement and its Schedule " A " . The total of such expenditures by the Province was $90,297.03 of which the Federal Government share under this clause is $45,148.51. 22. As provided in the Program Guide, projects may be constructed to serve Indian lands and Indian interests. In the event and to the extent that Indian lands or Indian interests are served in a project, special cost-sharing arrangements may be negotiated. 23. The Province shall be responsible for operating and maintaining projects completed under this Agreement in proper order at all times, and for all opera-tion and maintenance costs associated therewith. Where dyking is undertaken on Indian Reserves, Canada wi l l arrange, i n consultation with the Indians, to provide access to the lands for this purpose. Land use zoning and flood proofing 24. The Province undertakes to continue to encourage a program of land use zoning and flood proofing to diminish potential flood losses in the area covered by this Agreement. Research and further planning 25. Canada and the Province may jointly undertake further planning, social, economic or engineering studies and feasibility studies and assessments of this Program or any project under this Agreement. 26. In any event, Canada and the Province, no more than two years after the date of this Agreement, shall jointly initiate a review of the program of up-stream storage set out in the "Final Report of the Fraser River Board on Flood Control and Hydro-Electric Power in the Fraser River Basin", dated September 1963, including any additional measures, with a view to recommending further flood protection, utilization and control of the water resources of the basin. 27. The cost of studies under paragraphs 25 and 26 shall be shared jointly by Canada and the Province, but the total cost of studies under paragraph 26 shall not exceed $1,000,000, and shall comprise part of the total funding under this Agreement as described under paragraphs 3 and 4. IN WITNESS W H E R E O F The Honourable Jean-Luc Pepin, Minister of Energy, Mines and Resources has hereunto set his hand on behalf of Canada and The Honourable Ray Williston, Minister of Lands, Forests and Water Resources for the Province, has hereunto set his hand on behalf of the Province of British Columbia. In the Presence of Signed on behalf of the Government of Canada ( A . T . D A V I D S O N ) ( J E A N - L U C PEPIN) In the Presence of (A. F. P A G E T ) Signed on behalf of British Columbia ( R A Y W I L L I S T O N ) APPENDIX B  The Questionnaire 81 QUESTIONNAIRE Interview Number: Name of Respondent: Date: T i t l e of Respondent: Time Interview Began: Name of Respondent's Department: 1. Respondent's correct t i t l e i s : ( i f not already known) 2. What are the objectives of R's organization? 3. What are the kinds of activities R's organization normally undertakes? 4. What is the task assigned to the organization (ie: information c o l l -ection, administrative, planning, etc.) 5. What is R's role in the organization? 6. How does a project get started? 7. How does R's organization get involved in the Programme (ie: at what 8. What i s R's organization's interest in the Programme? How exten-sive i s their involvement? 9. How are priorities for project construction set? 10. When objections get raised how are they handled? (probe for eg.) 11. Has R or R's organization ever had any contact with the following agencies with regard to a Fraser River Flood Control question? (probe for particular cases, particular issues): stage) AGENCIES FEDERAL GOVERNMENT: Department of the Environment: —F i s h e r i e s and Marine Service: Fisheries Management Service Ocean and Aquatic Affairs —Environmental Protection Service —Environmental Management Service: Canadian W i l d l i f e Service Inland Waters Directorate P o l i c y and Programme Development Department of Public Works Mi n i s t r y of Transport: — N a t i o n a l Harbours Board — N o r t h Fraser Harbour Commission — F r a s e r River Harbour Commission Department of Indian A f f a i r s Department of Regional and Economic Expansion  Others: PROVINCIAL GOVERNMENT: Department of the Environment: —Water Resources Service Water Investigations Branch Water Rights Branch P o l l u t i o n Control Branch —Lands Service — F o r e s t Service Environment and Land Use Secretariat  Environment and Land Use Committee  B.C. Hydro and Power Authority  Department of Ag r i c u l t u r e  Department of Highways Department of Recreation and Conservation: — P a r k s Branch — F i s h and W i l d l i f e Branch —Marine Resources Branch B.C. Harbours Board Department of Regional and Economic Expansion  Others: MUNICIPAL GOVERNMENTS: REGIONAL GOVERNMENTS: —G.V.R.D. RESEARCH AND CONSULTING FIRMS: —B.C. Research — P r i v a t e Consulting Firms AESL CBA INTEREST GROUPS: —SPEC —B.C. Environmental Council — S i e r r a Club —B.C. W i l d l i f e Federation — I n d u s t r i a l Users TRADE AND INDUSTRIAL ASSOCIATIONS: — C o u n c i l of Forest Industries —Towboat Owners Association — F i s h e r i e s Association OTHER AGENCIES NOT PREVIOUSLY MENTIONED: 84 APPENDIX C Location of the Case Studies MAP ONE Downstream Flood Control Case Studies 00 TABLE 1 Downstream Flood Control Case Studies (to accompany Map One) Ewen Slough Contract Brunswick Point Contract Beach Grove-Boundary Bay V i l l a g e Contract Boundary Bay Central Contract Boundary Bay East Contract T i l b u r y Island Contract Queensborough Contract MAP TWO Upstream Flood Control Case Studies 00 <4 88 TABLE 2 Upstream Flood Control Case Studies (to accompany Map Two) 8. Matsqui Contract 9. Vedder Cannal Contract 10. Chilliwack Indian Reserve Contract 11. G r e y e l l Slough Contract 12. Kent Contract 89 APPENDIX D  The Respondents 90 AGENCY REPRESENTATIVES INTERVIEWED FEDERAL GOVERNMENT: Department of the Environment: — F i s h e r i e s and Marine Service: F i s h e r i e s Management Service: 1. Mr. Lee Dutta; Engineer, Habitat Protection Unit 2. Mr. Bruce H i l l a b y ; B i o l o g i s t , Habitat Protection Unit 3. Mr. John McNally; Senior Engineer, Habitat Protection 4. Mr. Brian Tutty; B i o l o g i s t , Habitat Protection Unit —Environmental Management Service: Canadian W i l d l i f e Service: 1. Mr. Ernie Taylor; B i o l o g i s t , Impact Assessment Inland Waters Directorate 1. Mr. Archie Book; Economist, Water Management and Planning 2. Mr. Mac Clarke; Regional Director, Inland Waters 3. Mr. Jim Leong; Project Engineer 4. Mr. John Preston; Head, Projects D i v i s i o n PROVINCIAL GOVERNMENT: Department of the Environment: —Water Resources Service: Water Investigations Branch 1. Mr. Pete Brady, Director 2. Mr. Angus MacPherson, Project Manager 3. Mr. J e f f Simmons; Director of Services 4. Mr. Doug Watts; Chief, Planning and Surveys D i v i s i o n —Lands Service: 1. Mr. Bob Gilmore; Regional Land Inspector 2. Mr. John Sector; Coordinator of Environmental Services Environment and Land Use Sec r e t a r i a t : 1. Mr. Brian Gates; B i o l o g i s t , Special Projects Unit 2. Mr. B i l l Wolferstan; Economist, Special Projects Unit Department of Ag r i c u l t u r e : 1. Mr. Roy Wilkinson; D i r e c t o r , Product and Marketing Services 2. Mr. Reg M i l l e r ; Director, Special Services Department of Recreation and Conservation: Fish and Wildlife Branch: 1. Mr. Bruce Cox; Regional Habitat Protection Biologist 2. Mr. Ray Halladay; Chief Wildlife Biologist MUNICIPAL GOVERNMENTS: —Del t a : 1. Mr. Otto Voutte; Assistant Municipal Engineer RESEARCH AND CONSULTING FIRMS: —AESL: 1. Mr. Adolf Machel; Consulting Engineer, Delta Project INTEREST GROUPS: —B.C. Wildlife Federation: 1. Mr. Will Paulick; Assistant Director BIBLIOGRAPHY 1. Backstrom, C.H., and Hursh, G.D., Survey Research, Minneapolis: Northwestern Un i v e r s i t y Press, 1963. 2. Blalock, H.M., An Introduction to S o c i a l Research, Englewood C l i f f s , New Jersey: P r e n t i c e - H a l l , 1970. 3. Bross, I.D.B., Design for Decision, Toronto: C o l l i e r -Macmillan Ltd., 1953. 4. Burns, R.M., "Intergovernmental Relations i n Canada" i n Pu b l i c Administration Review, Volume 33:1, January/February 1973. 5. Canada, Organization of the Government of Canada, Ottawa: Information Canada, 1975. 6. Dahl, R.A. , and Lindblom, C.E., P o l i t i c s , Economics,  and Welfare, New York: Harper and Row, 1953. 7. Dorcey, A.H.J., and Fox, I.K., "An Assessment of U n i v e r s i Sponsored I n t e r d i s c i p l i n a r y Research: The Wisconsin River and the Lower Fraser River Water Quality Studies", i n Proceedings of the A.S.C.E.  Conference on I n t e r d i s c i p l i n a r y Analysis of Water Resource Systems, June 19-22, 1973, U n i v e r s i t y of Colorado. 8. Downs, A., Inside Bureaucracy, Boston: L i t t l e , Brown, and Company, 1958. 9. F i n a l Report of the Fraser River Board on Flood Control  and Hydro-Electric Power i n the Fraser River Basin, V i c t o r i a : Queen's P r i n t e r , 1964. 10. Fraser River Flood Control Programme Information Guide, V i c t o r i a : Queen's P r i n t e r , 1968. 11. Friesema, P.A., " I n t e r j u r i s d i c t i o n a l Agreements i n Metro Areas", i n Administrative Science Quarterly, Volume 15, 1970. 12. Gibson, D., " C o n s t i t u t i o n a l J u r i s d i c t i o n over Envir-onmental Management i n Canada", i n the U n i v e r s i t y of Toronto Law  Journal, Volume 23, 1973. 13. Gouldner, A.W., "The Norm of R e c i p r o c i t y : A Preliminary Statement", i n the American S o c i o l o g i c a l Review, Volume 25, A p r i l , 1960 14. Gow, D., "The Setting of Canadian Public Administration", i n Public Administaration Review, Volume 33:1, January/February, 1973. 93 15. Gregg, P.M., An A l t e r n a t i v e Approach f o r the Study of  E f f i c i e n c y i n the Urban Pub l i c Sector, prepared f o r the annual meeting of the Michigan Academy of Sciences, Michigan State U n i v e r s i t y , March, 1974. 16. Hoos, L.M., and Packman, G.A., The Fraser River Estuary  Studies of Environmental Knowledge to 1974, Special Estuary Series Number 1, F i s h e r i e s and Marine Service, P a c i f i c Environmental I n s t i t u t e , West Vancouver, B.C., 1974. 17. I n s t i t u t i o n a l Design for Water Quality Management: A Case  Study of the Wisconsin River Basin, Volume 1, Section A - Summary, Water Resources Center, Un i v e r s i t y of Wisconsin, 1971. 18. LaForest, G.V. , A l l o c a t i o n of Taxing Power Under the  Canadian C o n s t i t u t i o n , Toronto: Canadian Tax Foundation, 1967. 19. LaForest, G.V., Natural Resources and P u b l i c Property  folder the Canadian Constitution, Toronto: U n i v e r s i t y of Toronto Press, 1969. 20. Laskin, B., "The J u r i s d i c t i o n a l Framework f o r Water Management", i n Resources f o r Tomorrow, Ottawa: Queen's P r i n t e r , Volume 1, 1961. 21. Lindblom, C.E., The Policy-Making Process, Englewood C l i f f s : P r e n t i c e - H a l l , 1968. 22. Lindblom, C.E., "The Science of Muddling Through", i n P u b l i c Administration Review, Volume 19, Number 2, Spring 1959. 23. Lindblom, C.E., "Tinbergen on P o l i c y Makings", i n the Journal of P o l i t i c a l Economy, LXVI, December, 1958. 24. Litwack, E., and Hylton, L.F., "Interorganizational A n a l y s i s : A Hypothesis on Co-ordinating Agencies", i n A d i m i n i s t r a t i v e  Science Quarterly, Volume 6, March 1962. 25. Olson, M., The Logic of C o l l e c t i v e Action, Cambridge; Harvard University Press, 1971. 26. Peterson, K., and Fox, I.K., A Normative Structure  for evaluating Water Quality Management I n s t i t u t i o n s , July 6, 1973. 27. . Preliminary Report of the Fraser River Board on Flood  Control and Hydro-Electric Power i n the Fraser River Basin, V i c t o r i a : Queen's P r i n t e r , 1958. 28. Ranney, A., P o l i t i c a l Science and Public P o l i c y , Chicago: Markham Publishing Co., 1968. 29. Report of the B.C. Department of A g r i c u l t u r e (1974), V i c t o r i a : Queen's P r i n t e r , 1975. 94 30. Report of the B.C. Water Resources Service (1972), V i c t o r i a : Queen's P r i n t e r , 1973. 31. Report of the B.C. Water Resources Service (1974), V i c t o r i a : Queen's P r i n t e r , 1975. 32. Report of the Lands Servics (1974), V i c t o r i a : Queen's P r i n t e r , 1975. 33. Report of the Water Resources Service (1971) , V i c t o r i a : Queen's P r i n t e r , 1972. 34. Report of the Environment and Land Use Secretariat (1974), V i c t o r i a : Queen's P r i n t e r , 1975. x 35. Rourke, F.E., Bureaucracy, P o l i t i c s , and Pu b l i c P o l i c y , Boston: L i t t l e , Brown, and Company, 1969. 36. Ripley, R.B., Public P o l i c i e s and Their P o l i t i c s , New York: Norton and Company, 1966. 37. Salisbury, R.H., "A Search f o r Theories and Roles", i n Ranney, A., (ed.), P o l i t i c a l Science and Pu b l i c P o l i c y , Chicago: Markham Publishing, 1968. 38. Simeon, R., Fe d e r a l - P r o v i n c i a l Diplomacy, Toronto: Un i v e r s i t y of Toronto Press, 1972. 39. Simon, H.A., and March, J.G., Organizations, New York: John Wiley and Sons, 1958. 40. Sproule-Jones, M., I n s t i t u t i o n a l and Intergovernmental  Arrangements and the management of Water Quality: The Lower Fraser  Case,^paper presented at the International I n s t i t u t e of Management Conference on Intergovernmental Decision Making and P u b l i c P o l i c y , West B e r l i n , June 1975. 41. Sproule-Jones, M,, and Peterson, K., " P o l l u t i o n Control i n the Lower Fraser: Who's i n Charge", Lecture presented at MacMillan Planetarium, Vancouver, B.C., January 15, 1976. 42. Swainson, N.A.(ed.), Managing the Water Environment, Vancouver: Un i v e r s i t y of B r i t i s h Columbia Press, 1976. 43. Wildavsky, A., "The P o l i t i c a l Economy of E f f i c i e n c y : Cost-Benefit Analysis, Systems Analysis, and Program Budgeting", i n Ranhey, A., (ed)r)..j> . p o l i t i c a l Science and Public P o l i c y , Chicago : Markham Publishing, 1968. 

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