The Town of Virden, Manitoba, has launched legal action after alleging it was advised to develop a new aquifer for its water supply, only to later learn the source could not provide enough water for the community.
The town is suing the Manitoba Water Services Board, a provincial Crown corporation, and Winnipeg-based W.L. Gibbons and Associates Inc. Virden alleges that a third-party hydrogeological review later determined the now four-year-old $3-million water system could not supply enough water to meet the needs of the community’s more than 3,000 residents and should not have been recommended for development.
Virden had been seeking a new water source after elevated arsenic levels were detected in its existing aquifer, which proved difficult to treat. But local officials switched back to that problematic aquifer in November 2025 after the new water supply reached critically low levels.
The town began working with the Manitoba Water Services Board to identify an alternative supply in the Leask Aquifer. Town council said it launched the lawsuit after reviewing past engineering advice, inspections and reports tied to the aquifer. In a statement issued February 23, the municipality said it remains concerned about water quality, declining water levels and the cost of infrastructure that “is no longer being utilized for the purposes of which it was installed.”
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Through the lawsuit, the town is seeking to recover costs associated with hiring the third-party hydrogeological engineer, as well as expenses related to identifying and constructing a replacement water supply source. The claim also seeks compensation for the costs of private wells, temporary water supply and replacement wells required to maintain service.
“With the assistance of legal and third-party experts, Council for the Town has chosen to commence legal action to protect the interest of the Town of Virden and the residents,” the town said.
Mayor Tina Williams declined further comment. “As this issue is now subject to legal proceedings, the Town will not be making additional statements,” she said.
Arsenic levels remain above guideline
The legal action comes as the community remains under a Drinking Water Quality Advisory first issued on October 17, 2025. The advisory followed the town’s decision to bring a new production well in its older aquifer online — including Production Well No. 3, commissioned in November 2025, and upgrades to Production Well No. 2 — in order to maintain supply.
Historical data had already indicated elevated arsenic levels in the aquifer, and subsequent testing confirmed treated water concentrations ranging from 0.0243 to 0.0256 milligrams per litre. Those levels are more than double Health Canada’s drinking water guideline of 0.010 mg/L.
The advisory, issued by Manitoba’s Medical Officer of Health and the Office of Drinking Water, warns that long-term exposure to arsenic over a lifetime — defined as about 70 years — can slightly increase the risk of cancer.
Boiling water does not remove arsenic and may slightly increase concentrations. Residents are advised to consider alternative sources such as bottled water for drinking, cooking, beverages, ice and infant formula.
Treatment adjustments underway
Town officials say operators have been working to improve arsenic removal at the treatment plant. Adjustments to the system began January 20 using a proposal submitted to the Office of Drinking Water. Additional changes were made January 26, with treated water samples collected days later on January 28 for laboratory analysis. Results are being shared with provincial regulators and the Medical Officer of Health.
Earlier testing indicated the system was removing nearly 50% of arsenic even before the process adjustments, according to the town. Engineers are continuing to monitor the system and refine treatment in an effort to bring levels below the national guideline.
The advisory will remain in effect until treated water arsenic concentrations fall below the federal standard.
While Virden continues working with the Province of Manitoba and the Manitoba Water Services Board to bring arsenic levels into compliance, the lawsuit raises broader questions about the long-term viability of the Leask Aquifer and the infrastructure built to develop it.
Town officials say they remain concerned about whether the system can reliably provide a sufficient and safe drinking water supply for the community.
