An agreement-in-principle between Canada and the United States to modernize the Columbia River Treaty is being hailed as a milestone moment by the Ktunaxa Nation.
When the original treaty was negotiated decades ago, consultation with Indigenous nations was non-existent. as the resulting dams and reservoirs flooded out communities and impacted cultural and ecological values.
Given the historical context, it's significant that the latest efforts to update the treaty terms included representation and participation from the Ktunaxa, Secwépemc and Syilx Okanagan Nations as part of the Canadian delegation.
"To me, it's a reflection of the times and the fact that both nations — the U.S. and Canada — are recognizing that times have changed and we have tools available to us like the U.N. Declaration [On the Rights of Indigenous Peoples], etc., that will help us move forward in terms of our ongoing relationship," said Kathryn Teneese, chair of the Ktunaxa Nation Council.
The Columbia River Treaty is a water sharing agreement ratified in 1964 on principles of downstream flood-risk management and power generation on the Columbia River system in B.C. and the Pacific Northwest.
The original treaty terms facilitated the construction of the Mica, Duncan and Keenleyside Dam in British Columbia and the Libby Dam in Montana.
The new AIP terms include the creation of an Indigenous and Tribal-led advisory body to provide recommendations on how treaty and other hydrosystem operations can better support ecosystem needs and Indigenous and Tribal cultural values, particularly through the lens of a "one river" system.
Additional items include establishing minimum flows for salmon and coordinating information-sharing for salmon reintroduction efforts on both sides of the international border.
"There's still lots of work to be done and we certainly have been very diligent in bringing forward the points that we wanted to ensure were addressed," said Teneese. "We recognize that the signing of the AIP is a benchmark, but know that there's many years ahead in terms of finalizing the agreement and we will continue to bring forward the points that are of concern to us and hopefully that we will be successful in gaining the recognition that we're seeking."
The focus on ecological impacts of the treaty were echoed by the Upper Columbia Basin Environmental Collaborative (UCBEC), a collaboration of a cross-section of environmental voices from the Upper Columbia Basin (UCB) representing provincial, regional and local environmental groups.
“The negotiated AIP provides a solid opportunity for improving ecosystem function within the Upper Columbia Basin,” said Greg Utzig, Technical Advisor to the Upper Columbia Basin Environmental Collaborative (UCBEC), in a news release. “As the renewed treaty is finalized, and changes are implemented, the task ahead will be to ensure that the flexibility provided by the AIP is meaningfully utilized for tangible and resilient ecosystem health improvements.
"We still need to see Columbia Basin ecosystems placed on an equal footing with power production and flood control.”
Specific items covered through the new agreement include increased domestic flexibility to manage reservoirs levels from treaty dams in B.C. and a reduction in the so-called "Canadian Entitlement" — Canada's share of the downstream power generation benefits.
Both Canada and the U.S. will annually co-ordinate 15.5 million acre-feet (MAF) of reservoir storage space behind Canadian treaty dams to optimize hydropower generation in both countries. Additionally, Canada can unilaterally decide to reduce the co-ordinated storage to a minimum of 11.5 MAF in each year through 2039, and 10.5 MAF from 2039-2044 for their own domestic purposes.
The agreement also outlines U.S. compensation to Canada for flood risk management; Canada will receive annual payments of $37.6 million (USD) indexed to inflation until 2044. Further, Canada will receive $16.6 million (USD) in additional benefits from in the operation of the Canadian reservoirs annually to 2044.
Katrine Conroy, the B.C. Minister Responsible for the Columbia River Treaty, acknowledged the significance of the participation of Columbia Basin Indigenous Nations, particularly their advocacy on ecological health and reintroduction of salmon to the Upper Columbia and Okanagan regions.
The new agreement will also provide more domestic flexibility to respond to concerns about reservoir levels on the both sides of the border through a Kootenay/Kootenai working group, she said, in a recent interview with Black Press Media.
"It's going to be a multi-party transboundary working group that will work towards addressing common interests in the Kootenay/Kootenai river system, and look at such things as ecosystems and aquatic objectives, but also recreation and flood-risk mitigation on both sides of the border," said Conroy. "And that's something we haven't had before, the issues with the Libby [Dam] have never been a part of the Columbia River Treaty so now we'll have more of a collaborative engagement on Libby Dam operations which will make a significant difference in the East Kootenay."
Also informing the treaty negotiations is the Columbia River Treaty Local Governments Committee, which has worked to ensure the voices of Basin residents and local governments are heard in any decisions agreement's future.
In 2021, the committee compiled nearly two dozen specific recommendations relating to treaty process, content and domestic issues based on feedback from Basin residents.
However, the specific items contained within the new AIP have not been publicly released.
"We look forward to fully understanding the content and implications of the AIP for Basin residents and local governments so that we can evaluate how closely the AIP follows our 2021 Recommendations to the CRT Negotiating Team, and then to hear the perspectives of Basin residents and local governments," said tLinda Worley, committee chair who also serves as Chair of the Regional District of the Kootenay-Boundary.
Formal talks to renegotiate the Columbia River Treaty began in 2018, as both Canada and the United States held 19 rounds of talks before announcing the agreement-in-principle.
The treaty has no expiration date, but can be unilaterally terminated after 2024 provided 10 years of advance notice.
