Portage Diversion breaches, floods ice jams – Manitoba – CBC News

Diversions are fascinating. This breach of the Portage diversion in Manitoba is costing Yuill his farm land. The law says you can not obstruct a waterway. But the diversion is manmade waterway. The legal restrictions and insurance and provincial/local compensation for flooding is a conundrum of sorts. (There is a similar situation on the Binnekill in Margaretville, New York a few miles from me.) To read about the ice jams go to article link. Excerpt from CBC report:

“A Portage la Prairie, Man., farmer is vowing to defy a court order to stay away from the Portage Diversion after he received reports of water spilling from the diversion onto his land.

‘If we blockade a waterway, it’s a $10,000 fine. What’s the fine for flooding someone?’
—Kevin Yuill
Kevin Yuill told CBC News he is willing to break the law to see how much damage there is to his farmland on the west side of the diversion.

“I am prepared to do what we need to do to try and remedy the situation. This is totally ridiculous what this government is doing,” he said.

Yuill was among the protesters who blocked the operation of the diversion earlier this week.

He said he first had reports of the breach Wednesday night.

By Thursday morning, Yuill said he could see water flowing over the land. He said it was about a third of a metre deep and 200 metres wide.

The province got a court order to remove the protesters. It remains in effect until May 7.

But Yuill said he isn’t worried about getting arrested.

“This happens almost every year and it’s extremely, extremely frustrating,” he said.

“I got a message this morning [that] if we blockade a waterway, it’s a $10,000 fine. What’s the fine for flooding someone?”

Yuill blamed the province for flooding his land in 2011, causing him losses of $300,000.

Yuill’s threat to break the law comes on the heels of new legislation introduced Wednesday to crack down on Manitobans who ignore evacuation orders or impede the operation of flood control structures.”