Springfield Taxpayers Rights Corporation

Sio Silica mining license denied

PRESS RELEASE - February 16, 2024
From SAVE OUR WATER and Springfield Taxpayer Rights Corp

Today, we are very pleased and relieved to hear the announcement that the Government will not grant Sio Silica a mining license. 
 
We would first like to thank the newly elected provincial government under the leadership of our new Premier Wab Kinuw and Minister Schmidt for listening to the people and following the science on this very controversial issue. 
 
We must also acknowledge the Citizens of Springfield who have worked hard over the last 3 years to draw the public’s attention to the serious risk that this project poses to our pure drinking water. Our survey in September resulted in a 96.4% vote against Sio Silica. We thank all the people for their continued support and dedication to the preservation of maintaining a safe and dependable water source for our homes and businesses over the last 3 years.  If the people hadn’t turned out time and again and voted when they could against this untested and very risky project, the decision would likely have been made a year ago but not in our favour. 
 
Since the first signs of this project showed up in Springfield, our local council seemed to ignore the concerns of the people and disregard our by-laws and procedures.  Beginning with the test hole drilling, the open stockpiles of silica sand, the amassing of mineral rights licensing, land clearing etc. our locally elected representatives seemed more motivated by their provincial masters that their constituents concerns. But thankfully elections happen and sometimes they do make a difference.  
In 2022, the municipal election replaced 4 out of 5 members of council.  Two new councillors: Mark Miller and Andy Kuczynski did not bend to the pressure of the provincial will and instead stood up for the citizens of Springfield.  Their commitment to promoting Springfield’s future and protecting the environment put them in very difficult circumstances at times and our appreciation for their efforts is so very much appreciated.  

Then with the provincial election of 2023 the Conservative machine that seemed to have been driving this project regardless of the risks to the environment, regardless of provincial statutes and regulations, thankfully came to an abrupt end.    

Although today’s announcement is very welcomed, we are still left with the underlying feeling that there is still more to be done. The Sio Silica mining and processing project should not have gotten this far.  The laws that are in place have either been overlooked or are too weak to protect the public’s safety and interests.  Save Our Water and Springfield Taxpayer Rights organized to become the voice that our elected officials should have had.  

We do not want this type of project to ever happen again.  We fully support the Ethics Investigation that is underway but we would also ask for a full enquiry on how this project was handled.  Almost from the beginning, rules seem to have been bent, ignored or manipulated by people high up in power.  Decisions were made that facilitated the project but lacked rational or practical thinking, such as dividing the project into two parts for licensing.  The processing plant and the mining of silica could not exist separately.    A enquiry would hopefully expose who behind the scenes was making the decisions, what deals may have been made, who may benefit most from the project etc.  



Allan Akins, the President and spokesperson for SAVE OUR WATER, and Springfield Taxpayer Rights Corp is not able to attend the Press Release but is available by phone for comment and to answer questions this afternoon between 1 p.m. and 4 p.m. 
520-822-7414

Below are copies of the zoning by-laws 08-01 and 21-25.

Regarding: Cancellation of Appeal to the Municipal Board regarding the Provincial issue of Water Rights Act of License No. 2020-036

On Monday, January 9th, the lawyers for Margaret Marion-Akins and Berger Peat Moss Processing Plant advised the Municipal Board that over the weekend an agreement had been reached between the two parties.  To be clear: this appeal does not involve or affect the legal action between Berger Peat Moss Processing Plant and the Springfield Taxpayers Rights Corp.  The only common element is that both issues involve Berger and the Akins. 

Background

In August of 2021, Margaret Marion-Akins, wrote a letter to the Drainage and Water Rights Licensing Branch objecting to the issuance of the water license to Berger.  The basis of the objection that she laid out in her letter was in part that the province relied on an incomplete hydrogeological report.  The submitted report did not base its evaluations on the granted usage of 200 USGM (US gallons per minute), that longer term pumping tests were to have been done by Friesen Drillers, and the impacts to neighbouring wells was not properly studied.  This letter began a formal appeal process regarding the issuance of the water license by the Province.  The appeal was then forwarded to the Municipal Board.  A year and a half later, a five day Public Hearing was scheduled that would involve legal representation from the three parties (Province, Berger, and Akins) as well their expert witnesses. 

Outcome

The best outcome that could have been expected from the Akins perspective would have been to have the Province revoke the water license and require Berger to drill a new test well and do the proper monitoring of the Berger production wells as well as monitor the impact to neighbouring wells.  Depending on the results, Berger could again make application for a new water license accordingly.  The worst outcome would be that the license was upheld and no further testing would be required.   The negotiated agreement, involves the drilling of a new observation well, a full test of the production wells being done and monitoring of the aquifer for a period of time.

Next Steps

As their expert witness, the Akins hired Steven Topping P.Eng. His credentials included working for the Province for 20 years and at one point being directly responsible for the Water Rights Licensing Section.  Through his review of the documents, tests and related studies he concluded that more standardized and stringent testing should be required in Springfield for any large ground water consumers.  Furthermore he suggested that a study of the current licensed groundwater and domestic water withdrawal should be undertaken to obtain an understanding of the carbonate aquifer sustainability for the eastern side of the province and Springfield in particular. 

It is hoped that now the Appeal has ended, we can continue to work with Mr. Topping and go before council to address the importance of obtaining a sustainable groundwater plan for Springfield.

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