By: Russel Weber, Glenn Wright P. Eng., Troy Baril, Chad Eggerman

In Saskatchewan, landowners generally cannot legally drain land, pump water, dig ditches, deepen channels, drain wetlands, install tile drainage, alter a creek, use a municipal ditch, or increase/decrease flows onto other land without agency approvals and landowner permission. Improper drainage can expose landowners and municipalities to regulatory orders, forced closure of works, and significant liability for downstream damage.

As a practical matter in Saskatchewan, landowners should assume all drainage works require a permit from the Water Security Agency (“WSA”). The WSA’s current regulatory approach is that existing drainage works are expected to be brought into compliance through the approval process. The WSA defines drainage to include any action to remove or lessen water from land, including deepening, widening, straightening or diverting a stream/creek/watercourse, constructing dykes, drains, ditches, pipes, tiles, pumping water, or draining wetlands. Collecting and discharging water in a way that alters its natural flow and causes damage, particularly, if concentrating or redirecting water in a way that increases the burden on downstream land, can lead to liability.

In a flooding event, decisions are made quickly, but one wrong move can trigger regulatory enforcement, neighbour disputes, or liability that lasts for years.

A. WHAT ARE THE KEY LEGAL REQUIREMENTS TO DRAIN LAND?

1. WSA drainage approval

Section 11 of The Water Security Agency Regulations provides that no person may construct, extend, alter, or operate drainage works except pursuant to a drainage approval.

In plain English: This means that before you drain, pump, ditch, tile, or alter water flow that drains water off farmland, landowners must first get WSA approval. Existing old drainage is not “grandfathered” into the changes to the regulations made in 2015. WSA’s public guidance states that all existing and proposed agricultural drainage works need approval.

2. Land permission from affected landowners

The WSA requires landowner permission for affected land the approval holder does not own. This includes the right to drain from, across, onto, or through another parcel or downstream ditch. Acceptable forms include ownership, registered easement, joint application, or written agreement. Verbal agreements are not acceptable for drainage approval applications. Saskatchewan law also allows groups of landowners to advance drainage or conservation projects through regulated processes that can bind non-consenting landowners once approved. While not true expropriation in the strict sense, these regimes can significantly affect private land use rights, subject to notice, oversight, and compensation mechanisms.

In plain English: This means that if you are a landowner, you cannot use your neighbour’s land, ditch, road ditch, creek, or drainage path just because water has gone that way for years. Drainage works applicants will need to get written permission, preferably an easement or joint application from all affected landowners.

3. Rural Municipality (“RM”) approval / road allowance permission

If water is being moved into, along, across, under, or through an RM road allowance, municipal ditch, culvert, grid road, or public place, written permission from the RM or appropriate authority may be required. The regulations require written permission from the appropriate municipal or other authority where public roads or public places may be affected.

In plain English: Assume RM written permission is required before using, cutting, altering, or increasing flow through a road allowance, municipal ditch, culvert, or road infrastructure.

4. Aquatic Habitat Protection Permit

A separate Aquatic Habitat Protection Permit (“AHPP”) may be required where work could alter or impact the bed, bank, boundary, or water quality of a waterbody or watercourse.

In plain English: If you touch a creek, slough edge, lake edge, drainage channel, wetland boundary, culvert crossing, or watercourse bed/bank, assume you may need an AHPP from the WSA.

5. Federal Fisheries Act / DFO authorization

If the work is in fish-bearing waters and may kill fish or harmfully alter, disrupt, or destroy fish habitat, review or authorization from the department of Fisheries and Oceans Canada (”DFO”) may be required.

In plain English: If the ditch, creek, lake, wetland, or channel connects to fish habitat, do not assume provincial approval is enough. DFO may also be involved. If work may affect fish or fish habitat, the proponent should use DFO’s project review process which may require federal (Government of Canada) authorization.

6. Crown land, Wildlife Habitat Protection Act (“WHPA”) land, conservation easements, rented land

If the project affects Crown lease land under the WHPA, then Saskatchewan Ministry of Environment approval may be required. If private land has a Crown Conservation Easement registered on title, the Ministry of Environment approval may be required before development. If the project is on rented land, written authorization from the landowner is required; Crown land projects need authorization from the Saskatchewan Ministry of Agriculture Lands Branch.

In plain English: Check title, Crown lease status, easements, and tenancy before doing anything.

B. WHAT LANDOWNERS CAN AND CANNOT DO

1. Landowners can:

You can manage water on your own land only if you comply with the WSA drainage approval rules, obtain required land permission, and avoid unlawful damage to others. The WSA may approve drainage with conditions, including mitigation measures such as flow controls, erosion control, wetland retention, or outlet restrictions. To obtain a permit from the WSA, technical plans must be prepared and approved by a Qualified Person (“QP”). A QP is a P.Eng., P.Geo., P.Ag., A.Sc.T., or P.Tech.

2. Landowners cannot:

You cannot legally:

• drain wetlands without approval, unless: (i) the consolidated sloughs or wetlands are located entirely within one surface parcel as defined in The Land Titles Act, 2000; and (ii) the water consolidated on that surface parcel does not drain from that parcel, as such is defined in The Water Security Agency Regulations;
• pump water onto someone else’s land without landowner permission;
• increase flow into a neighbour’s ditch without landowner permission;
• use an RM ditch or road allowance without RM permission;
• alter a creek, stream, watercourse, culvert, bed, bank, or boundary without checking AHPP requirements;
• rely on old drainage as “grandfathered”;
• rely on verbal permission;
• assume the WSA approval eliminates civil liability.

WSA approval does not eliminate potential civil liability between landowners (e.g., nuisance, negligence, or unlawful diversion of water). Even with approvals, the common law restricts collecting and discharging water in a way that causes damage to neighbouring land. Furthermore, WSA guidance states that Saskatchewan law does not recognize a continued right to use someone else’s land just because it has been used for decades.

3. If someone upstream is flooding you:

You can file a Request for Assistance with the WSA. The WSA will determine whether drainage works exist, whether they are approved, and whether they are operating within approval conditions. If unapproved works exist, the WSA can require the responsible party to obtain approval or close the works.

4. Enforcement risk

The WSA enforcement tools include investigations, orders, forced closure, prosecution, administrative penalties, and civil actions.

Also, approved drainage is not immune: if approved works cause loss or damage, the WSA can order alteration or temporary closure without compensation to the approval holder.

5. Practical rules for landowners in North-East and East-Central Saskatchewan

For land around places like Humboldt, Melfort, Tisdale, Nipawin, Watson, Spalding, Naicam, Quill Lake, Wadena, Yorkton, Kelvington, Foam Lake, Porcupine Plain, Hudson Bay, and surrounding RMs:

Before changing water movement, assume you need:

• WSA drainage approval;
• written land permission from every affected landowner (including landlords for rented land) or authority;
• RM permission for road allowances, ditches, culverts, or municipal infrastructure;
• AHPP if near a water body, watercourse, wetland, bed, bank, or boundary;
• DFO review/authorization if fish habitat may be affected;
• Crown/Environment/landlord/easement-holder consent if Crown land, WHPA land, conservation easement land, or encumbered land is involved.

Right now, the safest course of action is this: do not move water until you understand your legal exposure, approvals required, and downstream impact. The cost of getting it wrong can far exceed the cost of getting legal advice first.

C. WHAT HELP IS AVAILABLE?

In Saskatchewan there is no universal flood insurance program (a Canada-wide program is still under development), no automatic compensation for drainage impacts between neighbours, and no direct provincial payment just because your land is flooded. However, what is currently available is:

• Insurance: Insurance claims due to the flooding can be filed with your insurer but only if you have the appropriate insurance.

• Provincial Disaster Assistance Program (“PDAP”): Flood relief may be available to farmers, rural residents, small businesses, and rural municipalities for cleanup (pumping, debris removal, etc.), basic repairs to restore property, some farm-related losses (non-insurable), and temporary relocation costs. PDAP is only available for an eligible assistance area after the RM applies and is approved/designated. Declaring an emergency does not necessarily automatically trigger PDAP or other funding. Early engagement is critical, and initial documentation is typically required within a short period of time following the event.

• Saskatchewan Crop Insurance Corporation (“SCIC”): If a farmer is enrolled in relevant SCIC coverage, excess moisture, unseeded acreage, or yield-loss coverage may apply depending on the crop, coverage, cause of loss, deadlines, and policy terms. However, if a farmer is not enrolled in SCIC, they are largely exposed. If enrolled, timing of reporting is critical.

• Flood Damage Reduction Program: The WSA may fund permanent flood mitigation projects in the future on a cost-shared basis with municipalities. This is not emergency relief but rather post-crisis infrastructure funding. Funding is program-dependent.

• Next steps for municipalities and landowners:

If your RM or community is dealing with flooding right now, you should obtain legal guidance before authorizing any drainage work or infrastructure response. A single decision can expose the RM or your community to regulatory and civil liability. Contact Procido LLP’s Municipality Group for assistance.

If you are a landowner considering pumping, ditching, or moving water right now, you should speak to a lawyer before taking any action. Acting first and asking later is one of the most common and costly mistakes we see.

Effective April 1, 2026 Weber & Gasper Law Office has become a member of the Procido Group of law firms. Weber & Gasper was founded in 1995 and has been providing legal services to rural Saskatchewan for 30+ years. Based in Humboldt, Weber & Gasper understands the specific drainage patterns, RM structures, and land use realities of North-East and East-Central Saskatchewan and together with Procido LLP can provide the following legal assistance during a flood event:

Immediately:

• Emergency drainage compliance advice (what you can and cannot do today);
• Rapid WSA approval strategy;
• Urgent disputes with neighbouring landowners;
• RM decision-making and liability exposure;
• Demand letters and injunction strategy where necessary.

Short term (Next 30 Days):

• PDAP eligibility, applications, and appeals;
• SCIC and insurance claim strategy;
• Contract issues caused by flooding (leases, crop inputs, custom farming);
• Documentation to protect against future claims and disputes.

Longer term (After the water recedes):

• Drainage easements and multi-landowner agreements;
• Permanent drainage and infrastructure structuring;
• Municipal drainage policies and risk management;
• Litigation and recovery of losses caused by unlawful drainage.

Together, Procido LLP and Weber & Gasper combine province-wide regulatory and municipal expertise with deep local knowledge of the agriculture industry and rural communities in North-East and East-Central Saskatchewan.

If any of the following apply, you should get legal advice immediately before taking action:

• you are being flooded by a neighbour or receiving complaints about water leaving your land;
• you are considering pumping, ditching, or otherwise moving large volumes of water;
• you are a municipality (RM, Town, Village, or City) currently making or enforcing decisions about drainage, culverts, roads, or water movement;
• you have been directed by an RM or are directing others to take or stop drainage action;
• you are unsure whether your existing drainage works are approved or compliant; or
• you are concerned that any action taken could expose you to regulatory enforcement or liability.

For farmers, please contact:  

Russel Weber (Humboldt)
+1 306 682 5038 (main)
rweber@webergasper.ca

Glenn Wright, P.Eng (Saskatoon)
+1 306 380 2583 (cell)
glenn.wright@procido.com

For municipalities, please contact:

Troy Baril
+1 306 380 2271 (cell)
troy.baril@procido.com

All other enquiries, please contact:  

Chad Eggerman
+1 306 380 7664 (cell)
chad.eggerman@procido.com

Disclaimer

This article is provided for informational purposes only and does not constitute legal advice. While efforts have been made to ensure accuracy, Procido LLP or Weber Gasper Law Office Inc. do not warrant or guarantee the completeness, accuracy, or applicability of the information to any particular situation. You should obtain legal advice specific to your circumstances before taking any action.