Report On Prospect Lake - 2023


PLPS - Work Focus

The primary effort for our work has been directed towards determining:

1. what data is available about the lake and associated records so that informed decision making is possible;

2. how the health of the lake is monitored and who is responsible for protecting the health of the lake;

3. the relationship of lake front property owners to the various government bodies, in particular Saanich to whom we pay municipal taxes; and

4. the lake issues that require attention from local residents or that are of sufficient concern to request regulatory changes that relate to the use of the lake.


PLPS - Thanks to

1. PLPS Board Members - Over the last three years the PLPS Board members in addition to volunteering time, have paid all costs required to sustain the PLPS including thousands of dollars to maintain the liability insurance for the navigation buoys.

2. An unsung hero in all this is Shawn Steele the original driving force of the PLPS who spent years stick handling the details and relationships with various organizations and individuals in efforts to maintain the quality of Prospect Lake.

3. The Weir Team - the Weir Team have personally funded the construction and maintenance of the weir that assists in the control of the water level of Prospect Lake. This has been and continues to be another invisible cost born by a few property owners on Prospect Lake which benefits all lake users.

4. The Steele Family Trust made available the former lands of the Prospect Lake Golf Course to the Power To Be, a not for profit organization which benefits children and their families through out British Columbia.


PLPS Developing a Constructive Relationship With Power to Be

We are fortunate to find a very good partner in the Power to Be organization. These new members of the community on Prospect Lake help people living with a disability or barrier to access nature. They are redefining the definition of ability.

Working with PLPS, Power To Be has begun the process of implementing a water quality testing facility here on the lake in conjunction with Drink Fish Swim, which PLPS will be able to use through out the year to acquire better water quality measures.  Currently Drink Fish Swim is focused on testing for E. coli  which replicates the work done by the Vancouver Island Health Authority. 


The PLPS believes that a much broader spectrum of water testing is required to properly understand the health of the lake. At a minimum we need measures of turbidity, dissolved oxygen, nitrogen and phosphorus on an ongoing basis.


PLPS is working to organize the available data about the health of Prospect Lake so that we can monitor changes in lake health and identify appropriate actions when required. Our shared goal being to protect and preserve the lake as a community resource. 


Prospect Lake Water Quality and Saanich Municipality

Stated Purposes of Meeting Saanich - For the Prospect Lake Preservation Society (PLPS) to establish a more comprehensive understanding of the role Saanich and others government organizations play related to the current and future health of Prospect Lake.

There were several topics of discussion. These were:


  • The identification of data collected by various governmental/quasi governmental organizations regarding Prospect Lake and how it was used to inform policy development and decision making.
  • Clarification of the roles and responsibilities of the various Federal, Provincial, CRD, Saanich municipal and Vancouver Island Health Authority organizations involved in data collection monitoring and/or protecting the health Prospect Lake.
  • Given Prospect Lake is experiencing the same environmental issues as neighbouring Elk and Beaver Lakes we wanted to recommend that Prospect Lake be included in the Saanich/CRD/Provincial/Federally funded Elk and Beaver Lake Recovery Management Plan.
  • The use of data produced by voluntary groups and or registered societies and the extent that it should be relied upon by Saanich as it relates to the health of Prospect Lake.


We were very hopeful given that Saanich states "Help us Maintain the Health and Vitality of Prospect Lake - Prospect Lake is an environmental and recreational treasure for those who call it home, as well as the larger Saanich community. It covers approximately 89 ha (220 acres), has an island and a series of natural bays." (https://www.saanich.ca/assets/Parks~Recreation~and~Community~Services/Documents/PL_Lake-Health.pdf)


However, during the meetings held with Saanich municipal staff several things became clear.


  • “ In regards to the inclusion of Prospect Lake to the existing Elk and Beaver Lake initiative we understand from the discussion with Saanich that Prospect Lake will not be supported by Saanich for inclusion to the Elk and Beaver Lake Management Plan. The explanation for this was because one of the funding partners of that initiative specifically CRD does not have a park directly on Prospect Lake. It was further explained that because the majority of the shoreline of Prospect Lake is owned by private citizens it will be incumbent upon the private citizens to pay for the development and execution of projects related to the health of Prospect Lake." (This quote is from the PLPS confirmation letter sent to Saanich to ensure we understood their position.)
  • No mention was made by Saanich regarding; Whitehead Park, Esteline Park, South Prospect Lake Park, the Echo Place Public Boat Launch, or the many fishers that enjoy casting a line into the lake.
  • There was no explanation of how Saanich might produce a Prospect Lake management plan that would logically link to point 1 above. Specifically - how does Saanich have a plan for Prospect Lake that either: a) does not take into consideration the health of Prospect Lake; or b) assumes that the costs associated with the health of the Lake, enjoyed by the general public and property owners on the lake, will be directed by Saanich municipal staff but paid for by the Prospect Lake property owners in addition to the already considerable tax burden paid by Prospect Lake property owners.


————————————————————————————————————————————————————————————


Regulatory Policing and Enforcement

The PLPS is not an enforcement organization. Complaints of immediate poor or problematic behaviour(s) on Prospect Lake require the complainant deal directly with the organizations involved in regulating/policing activities on and around the lake.


Access to the Lake

Saanich installed a lockable access gate at the entrance to the Echo Drive boat launch on Prospect Lake. The gate will be open 6 a.m. to 11 p.m. daily. The gate will control access and limit noise and disturbances on the lake during the nighttime hours.


Policing Boating Rules and Regulations

Boating regulations are enforced by the Saanich Police. If you observe any violations call 250.475.4321.


Criminal Code of Canada Offences

• Careless or dangerous operation of a vessel.

• Operating a vessel while impaired.

• Towing a person after dark or without a spotter.

• Failing to stop at the scene of an accident.


If you see someone breaking the law or operating outside the stated rules for Prospect Lake - call Saanich Police.


Licensing

All recreational power boaters need to provide proof of competency. Find details at Transport Canada. Saanich states that Saanich Police patrol the lake to ensure compliance with regulations.


Personal watercraft

We don’t allow Jet Skis and Sea-Doos (Noise Bylaw).


Waterskiing and tubing

It is required to tow a person with a lookout person on board (Water Ski and Wakeboard Canada Safety Guide).

You may only waterski and tube between 10 a.m. and a half-hour before sunset.

The maximum speed for all power craft is 8 km/hr (5 mph), except within the buoys.

There, the limit is 60 km/hr (36 mph) between 10 a.m. and a half-hour before sunset (Canada Shipping Act).

You can waterski and tube only in this area and during these hours.

We ask all power craft to move in a counter-clockwise direction within the buoyed area.

https://www.saanich.ca/assets/Parks~Recreation~and~Community~Services/Images/Boating%20Regulations%20Map.pdf


Health Protection & Environmental Service

If you believe a household is flushing/leaking grey water/ waste/sewage into the lake call the Health Authority.

https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/223262004

https://www.bclaws.gov.bc.ca/civix/document/id/crbc/crbc/326_2004

South Island - Victoria Licensing Officer call 250-519-3401


Outdoor Burning

• You can burn between and including October 16 and April 30.

• Burning wood in an outdoor fire pit, fireplace, pizza oven or chiminea is not permitted.

More details are available from Saanich https://www.saanich.ca/EN/main/community/fire-prevention-safety/outdoor-burning.html


Short Term Rentals and Garden Suites

PLPS is under the belief that there are no approved short-term rentals (e.g. for an Airbnb or Bed and Breakfast) in or around Prospect Lake.

Garden suites are not possible in our area of Saanich because garden suites must be on properties located within the Sewer Service Area.

Complaints should be provided to Saanich By-law. Please register a complaint by calling 250-475-5456 or completing the Report a Problem form. https://www.saanich.ca/EN/main/local-government/bylaw-services/complaint-process.html


Shore Erosion/Wake Damages

The wake boat operator is responsible for property damages to shoreline properties. Assuming amicable dispute resolution is not possible. Resolution is via litigation - direct legal action by the property owner(s) against the wake boat owner/operator causing the damages.


PLPS - Complaints Have Been Received on the Following Topics

An increasing number of complaints have been brought to us over the last year and in many cases the core frustration revolves around a lack of consideration for our community around the lake.

Complaints include:


Power Boats and Power Rafts

• power boats generating waves that are causing shoreline erosion;

• power boats creating waves that damage shore attached floating docks and jostle people on those docks;

• power boaters/rafters moving the navigation buoys;

• power boaters/rafters tying up to the navigation buoys,

• power boaters/rafters playing music too loud;

• power boaters/rafters on the lake after dark;

• power boaters/rafters shouting and using foul language;

• power boaters/rafters cruising the area between the navigation buoys and the shore;

• power boaters/rafters disregarding the right of way of swimmers, canoeists and kayakers.

• ski boats without spotters;

• unusually large boats on the lake;

• powered rafts that are over loaded with passengers;

• powered rafts with no observable life jackets for passengers;

• concerns regarding the discharge of contaminated boat ballast tanks into the lake;


Weeds

• cutting lake weeds and not recovering/disposing of them but letting them drift off onto other peoples beaches;

• throwing lawn clippings into the lake/using leaf blowers to push leaves into the lake;


Algae

• the increasing presence of algae on the lake in the fall months. 

• concerns the algae is Blue Green (cyano bacteria) 


Septic Systems

• inadequate sewage system maintenance and repair;

• ignoring failing septic systems;

• releasing dirty water from hot tubs into the lake;


Hoteling

• providing Air BandB/short term hotel services;

• the use of single family dwellings for multi family apartments;


Seagulls

• the seagulls!! What can be done about them?


————————————————————————————————————————————————————————————


Community Standards and Cooperative Action

Beyond regulations are community standards that make living on and around Prospect Lake a joy. That is, acts of personal responsibility and neighbourly consideration that improve and protect the health of the lake and the safety of those who use the lake. In most cases these do not require significant effort but a realization that the costs of poor behaviour are paid for by all of us.


Aquatic Weed Management

The population of lake weeds grows and concern for the weeds continues. The limited trial several years ago to use a harvester for weed management was not successful. In addition to poor performance addressing the weeds, the costs were seen as too large to allocate to the property owners wishing to receive weed management.

Consequently, property owners are left to manage lake weeds on their waterfront. Good property owner weed management practices for relatively small swimming areas and beach access require individuals cutting/razoring the tops of plants or better yet pulling out plants by their roots, to dispose of the plant waste by collecting the plants and any cuttings and moving them onto shore for composting or disposal. Cutting weeds and letting them drift into the lake - assuming a not my problem approach - causes several negatives for all other lake property owners and recreational users. The cut weeds drift: to other areas of the lake making the lake weedier; onto neighbours properties requiring them to collect and dispose of the weeds properly; sink creating increased organic content decomposing in the lake which increases organic sediments (some the particulate you see in the water), and reduces the oxygen content in the water. Deoxygenation of the lake results in a decline in fish habitat and the decline of oxygen in the water increases the probability of blue green algae blooms and increasing plant growth. Some blue green algae blooms are hazardous to wild animals, pets, and humans.


Invasive Species - Eurasian watermilfoil

PLPS was notified that the invasive species Eurasian watermilfoil has been identified in Prospect Lake. This a recent discovery and provides some additional constraints to weed management. We understand that a common cause of the spread of milfoil is through the failure of boaters to wash their boats after using them in invaded areas. Regardless of how we received the milfoil it is important to understand that Eurasian watermilfoil grows in thick, dense mats that crowd out native species, reducing biodiversity, and deoxygenate water when decomposing, killing other aquatic species. It can also cause damage to boat motors, negatively impact fishing and swimming, and increase suitable mosquito habitat. (https://www.invasivespeciescentre.ca/invasive-species/meet-the-species/invasive-aquatic-plants/eurasian-water-milfoil/)

Milfoil spreads through fragmentation and this is another reason that water front owners should be careful to remove plant material when they are manually clearing boat access and swimming areas.


Contractors

We spoke to one contractor that hand pulls aquatic weeds. In those discussions he indicated that the best way to pull weeds using scuba gear was by first removing the sediment that sits on top and around the weeds themselves. During multiple discussions we were unsuccessful in contracting his company to complete some paid tests which would allow us to determine a general rate/costing so that property owners could have a reasonable basis to estimate the costs to manage the aquatic weeds related to their properties..


Testing

We have a few small tests on the lake determining the extent that permeable sheets of fabric can be used to clear small swimming areas and if small electric impellers can be used to increase water circulation/oxygenation while keeping the swimming areas clear of floating weeds, algae, and particulate. We are also investigating the applicability of flocculants to reduce particulate in the water along with different technologies to provide increased aeration.


Status

At this time weed management is up to each individual property owner to manage their own swimming areas. When weeds are cut or pulled they should be removed from the lake to minimize spreading the weeds in the lake and limiting damage to the water quality through vegetative decomposition in the lake. Technologies are still being reviewed but as we understand the situation at this time, these interventions would need regulatory approval and to be paid for by the individual users of the services.


Water quality is intimately tied to the aquatic weeds in the lake and the growing phosphorous and nitrogen loads along with the deoxygenation of the water. It is our current view that we should direct our attention to oxygenation of the water, and floating particulate/sedimentation.


Navigation Buoys

Please leave the navigation buoys alone. The navigation/marker buoys on the lake are not intended to be used as anchor (mooring) buoys. Boaters/rafters tying up to these buoys have been moving them around the lake increasing risk to boaters and swimmers. The buoys are not anchored to the bottom of the lake but can be moved/dragged out of place. It is our understanding that liability for damages/injuries that result from the movement of buoys is attributable to those who intentionally or unintentionally move the navigation markers.


————————————————————————————————————————————————————————————


Power Boats

There has been a long history of responsible power boat use on the Prospect Lake by residents. Today we find ourselves in a situation where we have boats of greater size and wake displacement using the lake than was imagined a few years ago when the guidelines for the lake were developed. A concern has been reflected about the use of power boats on the lake. Property owners and lake users are frustrated by loud radios, waves stirring up sediment, causing shoreline erosion, damaging docks, and making it dangerous for swimmers and other boaters.

A question posed to us by a group of individual Prospect Lake users was "can power boats be banned on Prospect Lake?" In discussion with the group it became clear that the primary concerns were associated with a few very large displacement boats and issues related to wake boats (boats that intentionally produce a large wake/wave for the rider) and to a lesser extent ski boats (boats that intentionally provide a very small wake/wave for the rider). There was some concern for "homemade" boats (low powered floating docks) and no concern for small powered boats used by fishers.


To break the problem down “motor boats” were separated into two categories, motors 1) under or 2) above 10 hp. As we understand the situation it is possible to establish motor horsepower limits to restrict powerboats on a lake in British Columbia. For example there is a 10 HP restriction in some areas of Elk and Beaver Lake and on all of Tunkwa Lake in BC. Outright banning of power boats may also be possible but we anticipate that this is not desired.


The impact of boats and traffic on the lake needs to be placed in context so the physical attributes and health status of Prospect Lake also influence an informed approach.


Prospect Lake is very small and shallow with an average depth of approximately 22 feet.






























Power Boats Under 10 HP.

In the under 10 HP category complaints are focused on power rafts. These include; noise from the motor, drunken behaviour of those on the powered raft, traveling very close to shore, risk to swimmers, non compliance with fire regulations, absence of safety equipment, and general disturbance. i.e. the major concerns for these craft are associated with the operator and lack of consideration for other users on the lake - in particular after sunset use. For clarity it should be noted that in general these craft do not meet the general safety requirements for power vessels. These are individual liability and social / community issues that should initially be addressed by user education, personal responsibility, neighbourly feedback, and in the extreme, law enforcement.


We celebrate: 1) the annual power raft parade which occurs at least one evening during the Christmas holidays; and 2) the periodic summer power raft of Scottish bagpipers.


————————————————————————————————————————————————————————————


Power Boats Over 10HP

The focus of the concern reflected damages done by wakes from power boats including shore erosion, increased turbidity/disturbance of sediments, distribution of invasive weed fragments, property damages to floating docks, and risk of personal injury to individuals on floating docks.


The current rules in place were developed and implemented for water skiing and did not entertain the design differences of wake boats and the sport of wake boarding/surfing. That is, boats that by design (hull shape and ballast tanks) produce very large wakes.


For boats over 10 HP we broke the this group into several categories; a) Ski boats (boats that by design provide a very small wake); and b) Wake boats (boats that intentionally produce a large wake) and c) boats unreasonably large for a small lake (e.g. boats over 22 feet and any boat with a deep V hull) which due to hull displacement produce a large wave.


We looked for recent Canadian studies by lake communities concerned about waves, ski and wake boats. We found information provided by the Canadian Coast Guard and a BC study report produced in 2019 and referenced by the North Okanagan Regional District Utilities Department in 2020.


In terms of shoreline erosion: the impact of larger waves will have a disproportionately larger negative impact. "Shoreline erosion has many consequences on the aquatic environment, including habitat destruction, an increase in sedimentation and in turbidity of the water, and the release of nutrients (phosphorous and nitrogen) that promote algal blooms. As well, shoreline erosion can result in the loss of land and affect shoreline property values." (Shoreline Erosion Caused by Boat Wake -https://www.marinfo.gc.ca/Doc/Erosion/Erosiondesberges_EN.pdf)


In terms of wake boat usage in shallow lakes. The Regional District of North Okanagan (RDNO), the District of Lake Country, the District of Coldstream and the Okanagan Collaborative Conservation Program (OCCP) Okanagan Regional District collectively funded research on the impact and appropriate conditions for wake boating. A summary of their findings is presented as expert opinion by the BCLSS addressing the impact of wake boats. That research and associated reports have indicated that the depth of the lake is just as critical as the distance from shore in terms of minimizing the negative impact of wake boats. They indicate wake boats and wake boarding/surfing should be constrained to very large/wide and deep water bodies in order to minimize shore erosion, accelerated lake eutrophication, increased water turbidity, and property damage.


From the information provided:


  • The greater the distance of the navigation buoys from shore the lesser the impact of shoreline erosion.
  • Ski boats produce smaller and less damaging waves than wake boats.
  • Wake boats produce larger waves on the surface of the water and beneath the boat directing disruptive energy towards the bottom sediments of the lake.
  • While there are natural wind generated waves the impact of those waves and the directions they travel is relatively consistent whereas the waves from boats are in all directions and consequently boat waves need to be distinguished from wind generated waves.
  • Wake boat should stay away from shore to minimize the detrimental impacts of the surface waves they create.
  • Wake boats should not be used in areas where the water is less than 26 or 27 feet in depth. In addition to the increased surface waves, wake boats drive pressure waves beneath the boat into the sediments on the bottom of the lake. The disruption of the bottom sediments reintroduces contaminants long settled out of the water column back into the water column.
  • The 26 to 27 ft depth is supported by the Wake Board groups as being the depth of water required to get a good wave to ride.


————————————————————————————————————————————————————————————



Summary for Power Boats with Greater than 10 HP


  • The current evidence suggests that PLPS will review the current placement of the navigation buoys from the shore to ensure sufficient distance from shore.
  • Using the available map of lake depths we do not see a “worthwhile” route for Wake Boarders/Surfers on Prospect Lake that keeps them in water depth greater than 26 feet.
  • We will review the responses from the survey before we proceed further, but our current view of the evidence is that Prospect Lake is too small and shallow to support the use of wake boats on the lake and that ski boats operating within the navigation buoys do not pose an unacceptable risk at this time.


————————————————————————————————————————————————————————————



Seagulls

The volume of seagulls collecting on the lake has been increasing over the last few years. We believe this is due to the waste management practices at the Hartland Landfill. https://www.cbc.ca/news/canada/british-columbia/biosolids-controversy-victoria-1.5474448

Seagulls frequenting landfills have the capacity to transport nutrients that can contribute to eutrophication of aquatic ecosystems and water supplies (Water Research 122 (2017) 440e446). This negative impact of the Hartland facility on Prospect Lake requires further investigation as do the disease risks associated with seagulls.


————————————————————————————————————————————————————————————

Guiding Principles

  • Build on the scientific monitoring and research undertaken to date in order to set realistic, intermediate goals for reducing phosphorus, using the best scientific information currently available to predict and mitigate the environmental impacts of all pollution sources.
  • Focus first on achieving phosphorus reductions at their source, and then work to reduce the phosphorus released into the environment. Examples of these actions may include installing permeable pavement to encourage the natural filtration of water through the ground or planting trees and native plants along a stream bank to take up phosphorus before it enters the stream.
  • Set short and long term goals that target reductions from all sources, proportional to their contribution.
  • Consider the relative costs and benefits of the phosphorus reduction options; and, the investment and contribution needed by those responsible for source reductions.
  • Continuously improve and adapt – as science advances actions needed will become more stringent and specific.

(Source: https://www.ontario.ca/page/lake-simcoe-phosphorus-reduction-strategy)


Orientation to Technical Information

In looking at the various drivers of lake health it is important that we are pragmatic and consider our options within the context of our finances and ability to successfully acquire resources . This must go hand in hand with an understanding of the available data, technical challenges and complementary short, medium, and long term efforts/plans. The issues are complicated and combine several problems: economic, social, and scientific.  We should not expect our efforts to be perfect. There will no doubt be the need for compromise and adaptation as we learn more and determine what is working well and what needs adjustment. 


Not least of the challenges we face are very human:

 The tragedy of the commons.  The tragedy of the commons refers to a situation in which individuals with access to a public resource (also called a common) act in their own interest and, in doing so, ultimately deplete the resource. (https://online.hbs.edu/blog/post/tragedy-of-the-commons-impact-on-sustainability-issues)  

 The Free Rider Problem.  The free rider problem is the burden on a shared resource that is created by its use or overuse by people who aren't paying their fair share for it or aren't paying anything at all. (https://www.economicshelp.org/blog/1626/economics/free-rider-problem/)

We prefer to name these challenges up front so that we can properly consider them in our planning, project selection, and expected outcomes.  


Long Term Monitoring 

To properly manage the lake we need to establish a long term monitoring program. This will have an ongoing cost and while we wish we could rely upon Saanich or the CRD or the Province, or the Health Authority to deliver the services we note that to date  these organizations have been inconsistent in providing adequate data services for our lake. While we try to negotiate improved sampling and testing with the various authorities we believe that we need to continue to execute our own monitoring program.  The cost for this will need to be borne by those living on or around Prospect Lake.

The costs of a monitoring program are being determined at this time and we will be following up in the near future to discuss funding strategies.   


Moving Forward


  • Review and report out to respondents the results of the Fall 2023 survey. It is expected this will occur in January 2024.
  • Continue participating in multiple groups addressing lake and river water quality on Vancouver Island and BC. 
  • Continue with Power to Be and Drink Fish Swim to create an improved  testing program beyond e coli. 
  • Work with environmental consultants to review our current data collection equipment and spec new equipment that is required to monitor lake health issues and act as the basis for activities that will demonstrably improve the health of the lake in the short and long term.
  • Support the weir group in maintaining the most beneficial lake level.
  • Engage Saanich regarding the generous donation by the Girardau family of property adjacent to the South Prospect Lake Park and the associated requirement that Saanich direct new funds towards the health of Prospect Lake.   
  • Directly engage Island Health regarding the absence of water quality reporting regarding Prospect Lake. In November 2023 PLPS independently collected a sample of algae and sent it for laboratory analysis. The testing will determine the type and toxicity of the sample and form the basis of a plan to address algae/lake eutrophication.
  • Review the collected data and historic planning documents in order to inform a proposed action plan and budget. Based upon our current knowledge we are using the following criteria before choosing among the physical restoration methods: a) Define the critical phosphorus level needed to achieve the predicted outcome; b) Assess the dynamics and relative role of internal loading compared to external loading; c) Assess the sediment characteristics to determine whether internal loading can be controlled; d) Quantify the link between internal load and cyanobacterial biomass; e) Scale the restoration method as a function of the internal load and the size of the lake; f) Evaluate the potential to cause adverse effects to aquatic biota; and g) Set a long-term monitoring program before, during and after the restoration
  • Add more technical information onto the website to inform the readers about lake eutrophication, internal and external loading of phosphorus, lake monitoring, collected data, technical challenges, remediation options with associated costs and time frames.
  • Continue testing different weed management strategies with a focus on low cost methods achievable by property owners. Communicate out the results.