North Okanagan farmer fined $30,000 for his conduct during irrigation ban

More than two years after a contentious move to prohibit farmers in the Westwold area from irrigating their crops, cattle rancher Erik Buff has accepted a $30,000 fine.

At the Vernon Courthouse, March 26, dressed in jeans, cowboy boots and a suit jacket, Buff pleaded guilty to a single charge of interfering with the duties of an environmental officer from an incident dating back to August 2023.

The court heard how two provincial environmental officers had arrived at the property to do an inspection. Buff’s wife, Gaylene, had gotten into an argument with the officers, and Buff drove his truck towards them, stopping short of their bumper and blocking them in.

“The officers thought they were going to be rammed and feared for their safety,” BC Provincial Court Judge David Patterson said. 

He backed up his truck, and the officers drove away.

“Because of Eric Buff’s actions, the officers were obstructed from carrying out their duties and inspections on the Buff properties were suspended for a time due to officer safety concerns,” the judge said.

The incident dates back to the late summer of 2023, when the province had barred farmers in the Westwold area from irrigating their crops. Water levels in at the Salmon River had become so low it was said that spawning chinook salmon had become threatened.

However, farmers in the area complained it was a crucial time of the year, and they needed the water. 

The issue quickly became political with BC United Leader Kevin Falcon visiting the area and much criticism being levelled from opposition BC United MLAs. The province was also heavily criticized for a lack of communication with those affected.

“The frustration of the community of Westwold here was real,” Buff’s lawyer Joe Killoran told the court. “Mr. Buff’s reaction was an overreaction, but there was absolutely no communication from the provincial government, they refused to meet with the farmers and the community afterwards.”

The defence lawyer said the government had later expressed regret about the lack of communication and that it could have been handled better at a higher level.

“That doesn’t excuse Mr. Buff’s behaviour, he’s here to admit to that (but) there are significant mitigating factors,” Killoran said.

“He’s not someone who was out looking for trouble, this was a very tense situation, one can only imagine being told essentially you can no longer practice your profession, you can no longer earn your living.”

Crown prosecutors saw it differently.

“It is important that the community, and particularly the water users community, understands that they do not have a right to the water. Rather, the water belongs to the province and the province is required to be a steward of that water,” Crown prosecutor Geoffrey McDonald told the court.

Buff’s defence lawyer said that farmers understood they had no right to water.

“But if we like food we certainly need farmers to be able to water,” Killoran said.

The court heard that Buff, a second-generation rancher who grew up on the farm, was the first person to be convicted for the offence, which had a maximum fine of $1-million per day, plus 12 months jail.

Lawyers put forward a joint submission for a $26,000 fine plus a mandatory 15 percent victim levy, for a total fine of $29,900. He has 90 days to pay.

Buff refused to comment when approached outside the courtroom.

He, his wife Gaylene and their family business, One Plus Cattle Co. Ltd, had all been facing another charge of contravening a fish population protection order, but instead Buff agreed to a plea deal, and the charges against his wife and their company were dropped.

It’s unclear what the water situation in Westwold is currently, but a Country Life in BC article from last September says residents complained they were “blindsided” by another irrigation ban last summer.

One resident told Country Life that it undermined the trust built with community members since the situation in 2023.