Update to Petition: Legal and Regulatory Concerns Regarding Ancaster Wells and Well #8 Access

The Hamilton Conservation Authority (HCA) has unlawfully restricted public access to Ancaster Wells, including Well #8, violating the 1998 deed, which guarantees that Well #8 remains free and accessible to the public in perpetuity, with no user fees. The HCA’s actions, including installing fences, surveillance cameras, swipe card access, and requiring liability waivers, have resulted in unnecessary costs to taxpayers and a breach of the deed’s terms.

Unnecessary Costs and Mismanagement: Internal emails show that within two weeks of presenting the inflated cost figures to the Conservation Advisory Board (CAB), HCA staff knew the actual cost to treat the arsenic was less than 1/10th of the amount originally stated. Despite this knowledge, HCA staff continued to mislead the Boards, who ultimately pursued unnecessary, costly measures. These actions, including fencing, cameras, and legal fees, were implemented while failing to meet basic regulatory requirements, such as posting signage.

Legal and Regulatory Obligations: Under Ontario Regulation 319/08, the only required action was to post a sign regarding arsenic levels. No health order or directive was ever produced or presented to the CAB or the Board of Directors (BOD), and the simple option of posting a sign was deliberately withheld from the Board before their decision was made. These omissions and misdirections have caused significant public distrust.

Well #8 and Well #9: The HCA’s shift from Well #8 to Well #9 raises concerns, as the HCA staff's own documents mention the switch but fail to justify it. Well #8 was chosen for its superior water quality and was meant to remain accessible under the 1998 deed legal conditions LT525035. The switch to Well #9 violates this deed, removing public access to the well and contradicting the promises made to the community.

Call for Transparency and Action: The community demands the HCA Board:

Reinstate public access to Ancaster Wells, removing all unnecessary restrictions.

Post clear signage regarding arsenic levels as required by law and continue maintaining water quality testing as per the legal conditions on title.

Increase transparency and reverse the switch from Well #9 back to Well #8 to ensure compliance with the 1998 deed.

Undertake due diligence to repair the relationship with the public by honoring the farmer’s legacy and ensuring that future decisions are made in the best interest of the community.

We urge the HCA to comply with its legal obligations, restore public access, and use taxpayer funds responsibly. The community deserves transparency and a commitment to preserving Well #8 for future generations, honoring the promises made in the 1998 deed.

To:
The Board of Directors of the Hamilton Conservation Authority (HCA)
The Conservation Advisory Board of the Hamilton Conservation Authority (HCA)

Subject: 
Protecting Public Access, Public Ownership and Longevity of Ancaster‘s Artesian Well: Ancaster Wells.

Background:
The Ancaster Wells, a historical and vital public water source, that was entrusted to the HCA on October 13, 1998, with a deed that guarantees public access to Well # 8 specifically in perpetuity, without any user fees. This action was based on the original and benevolent wishes of the Wells Farmer; Wm. Kennedy. 

In 2017 Ancaster Wells came under threat of closure but through community pressure the well remained accessible. Currently the City of Hamilton and HCA construction for bridge 113 Rehabilitation has blocked public access, raising concerns about the well's future and the safety of the surrounding area.

After hundreds of hours of research it is coming to light that the real concerns are obfuscation of this water source, the misdirection of a public health scare, stonewalling for truth, blocking of public access, being in violation of deed covenants, and the ambiguity of the construction. Attempts to replace or close this water source which is in direct violation of the covenant on title to what appears to be corporate greed and theft of this water source for commercialization.

Documents received through the Freedom of Information Act ( FOIA) clearly show plans for a bottled water facility including artist renderings.

Our Petition

As concerned citizens and users of the well, we are united in our call for transparency, accountability, and the protection of our shared natural resources. The Ancaster Artesian Well belongs to the public, ensured by a Covenant on Title and its accessibility and environmental integrity must be preserved. We respectfully demand answers to the following pressing questions:

Addressing Safety Concerns

1. Current Access Issues: Under the guise of ‘safety’ to  the city’s vehicles, materials and tools the construction located more than 30M from the Public Water pipes, is limiting public access to the well, allowing people to access only between 7 p.m. and 6 a.m. via an unpaved, uneven path with only one roadside parking spot available. This situation poses a significant safety risk to the people, particularly for women, the elderly, people with disabilities, and emergency services.
2. Safety Measures: What actions are being taken to ensure the safety of all community members who wish to access the well during this period of construction?
3. Duty of Care: If the HCA has indeed granted use of the property to the City of Hamilton to store construction materials, vehicles and equipment, we believe that the HCA is stepping outside of its mandate.  Regardless, any safety measures taken should be for the users of the Well – not for construction materials, equipment and vehicles – and allow for reasonable access to the Well for ALL concerned users.
4. Discrimination to Water Users with Disabilities: Persons unable to carry water the extended distance.

Protecting the Environmentally Sensitive Area (ESA)

1. Unnecessary Land Disturbance: The land surrounding Well #8 is designated as an Environmentally Sensitive Area (ESA) by the Niagara Escarpment Commission (NEC). Despite this, the construction area is more than 30M from the water taking facility. It unnecessarily destroying cold water stream habitat and vegetation potentially harming the ecosystem.
2. Environmental Accountability: Who authorized this disruption of the land? What specific steps are being taken to protect the ESA, Well # 8, the housing of, and building of Well #8? What is the budget for this project? Or is this an unsanctioned act or unauthorized act?
3. Potential Loss of ESA Designation and Protection: Damage to Cold water ecosystem could lead to the removal of ESA designation & protection and literally pave the way for commericalization of the wells. 

Insisting Transparency on the Fence, Access and Water Quality

1. Fence Installation: FA fence has been erected around the well, raising concerns about the well's future availability to the public.
2. Health Directives: If the fence is related to a health order or directive regarding arsenic in the water, we ask for full disclosure. What is the nature of this health concern, and how does it impact the well's continued use?
3. Future Use: What are the plans for the future of this water source: Ancaster Wells especially Well #8.
4. Current Construction: be specific, violation of duty of care, and we insist on more reasonable accessable hours and space, and clarification on construction time lines. 

The Ancaster Artesian Well is not just a water source; it is a symbol of our community’s right to access clean, free water and a testament to our commitment to environmental stewardship. We demand that the Hamilton Conservation Authority uphold the deed's promise of free public access, ensure safety and respectable access for our water during construction, and post construction, protect the environmentally sensitive land, and provide full transparency regarding the well's status in addition to the Farmer's Legacy.

We, the undersigned, call on the Conservation Advisory Board and the Board of Directors of the Hamilton Conservation Authority to:

1. Immediately address safety concerns of the ALL affected well users associated with limited physical and time access to the well during construction.
2. Investigate and rectify any unauthorized environmental damage in the area surrounding well # 8 including the building for well #8.
3. Provide a clear and transparent explanation regarding the fence around the well and any related health concerns as per Medical Officer of Health or the Ministry of Environment, Conservation and Parks as required by law/ legislation.
4. To review Legislation rules and bylaws re: the Health Directive specifically posting a sign, and/ or treating the water, to ensure that this water source can remain free access to the public in perpetuity as per the Farmer’s wishes enshrined on the restrictive covenants on title.
5. To ensure free and unrestricted access in perpetuity. There has been an ongoing closure of these types of mineral water sources for public use and why the Farmer’s Legacy is important to honour vital to the restrictive covenants on Title and the free and unrestricted access to the public.

This petition reflects the voices of the community who care deeply about preserving our shared heritage and ensuring that the People’sArtesian Water Source: Ancaster Wells remains accessible to all in perpetuity.