B.C. mudslide could have been prevented: hiker

A hiker who warned about dangerous flooding at a water reservoir in B.C.'s Okanagan Valley says Sunday's destructive mudslide could have been prevented if authorities had heeded his warning.

Hal Krieger was hiking near Testlinden Lake, as the reservoir is called, last Friday morning when he saw water pouring over the road and eroding the embankment holding it back.

"It had done lot of damage already — washed probably about a foot right out of the middle of the road," he said.

Krieger said he was concerned the erosion was creating the potential for a dangerous flood.

"On the end where it drops off right down the mountain, a spot about four feet by six feet was gone already. And if this continues, you know, it'll be gone in no time," he said.

Krieger said he notified the Osoyoos tourism office about the conditions around noon on Friday, and he expected authorities to fly over the area immediately and attempt to divert the water.

Message not characterized as emergency

The information was passed on to police, who passed it to officials at the Ministry of Forests and Lands that afternoon, the RCMP have confirmed.

The ministry said late Wednesday that it did receive information about water on the road on Friday, but said it was not characterized as an emergency.

On Sunday afternoon, the embankment finally did fail and a flood of water from the lake washed down the creek bed, creating a giant mudslide filled with trees and debris that destroyed a half dozen homes and farms in Oliver.

A spokesman for the ministry acknowledged that, given the events that unfolded Sunday, the report was "not acted on appropriately for the reality of the situation."

No one was killed or injured in the mudslide, but residents estimate the damage to their properties runs into the millions of dollars.

Responsibility for reservoir still unclear

Meanwhile, officials also say they are investigating whether charges under the B.C. Water Act will be laid in connection with the incident.

The RCMP said B.C.'s Environment Conservation Service is looking into how the reservoir was managed.

"The investigation is focusing on potential violations of the Water Act," said Cpl. Dan Moskaluk.

Testlinden Lake is on Crown land, but the water rights are owned by local rancher Ace Elkink.

As the rights owner, Elkink is responsible for maintaining the dam around the reservoir, but he has told CBC News he is not concerned about liability.

"Everything we've done up there is proper," Elkink said. "And you know, things happen."

The irrigation reservoir was originally built in the 1930s, but has passed through a number of hands in its 80-year history. 

Elkink told CBC News a number of government agencies had been using and maintaining the road across the embankment in years past.