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Posted: October 15, 2011

Columbia River Treaty update goes public

An extremely complex issue with a nearly distant best before date is being taken to the people of the Columbia River Basin.

Working in conjunction with the Regional District of East Kootenay and the City of Cranbrook, the Columbia Basin Trust (CBT) launched a series of open houses and public forums throughout the basin Oct. 4 in Jaffray and Oct. 6 in Cranbrook, focusing on the approaching possibility of the termination of the Columbia River Treaty.

A break out table at the Cranbrook meeting.The treaty between Canada and the United States assures cooperative development and operation of upper Columbia River water resources, allowing for flood control and downstream power benefits for the Americans. It also results in annual downstream benefit payments to British Columbia, which sacrificed vast tracts of valley bottom land along the Columbia River and Kootenay Rivers’ courses from the construction of four dams. Three of the dams (Keenleyside, Mica and Duncan) are in B.C., and the Libby Dam is in northwestern Montana.

The Columbia Basin Trust came about when the downstream benefits payments ($150-$300 million annually) began rolling in during the mid 1990s and today generates income from investments in hydro electric power and operates a wide variety of programs designed to benefit the people and the Columbia Basin. Millions of dollars are provided annually to needy community organizations throughout the region and many environmental and social programs take place because of the CBT.

The ongoing public forums on the CRT are designed to inform Basin residents about their options and about the potential termination of the treaty, which can take place at the earliest in 2014.

The year 2024 is the earliest date that Canada or the U.S. can unilaterally end most provisions of the treaty, as long as 10 years’ notice is given – which is why 2014 looms distant, yet oh so near considering the complexity of any treaty negotiations. Consider the dollars involved and the potential for impacts on U.S. river use if there was a change in operations of dams and reservoirs in B.C., as a starting point to realizing the importance of this treaty.

If the Jaffray meeting Oct. 4 is any indication, there is a strong understanding of the importance of the treaty in the region. The community hall was packed with regional residents and two busloads of visiting academics, many from the U.S. Two nights later in Cranbrook, 75 people gathered in the College of the Rockies cafeteria to take in the large volume of information provided, watch educational videos and then break into small groups to discuss various aspects of the treaty issue.

The CBT is leading the forums and workshops but will have no actual role in any treaty negotiations, explained CBT board chair Garry Merkel.

“We believe it is really important that people know as much as possible,” Merkel said, pointing out, “2014 is coming quickly.”

RDEK Electoral Area B director Heath Slee opened the Jaffray meeting with a nod of respect toward the CBT.

“Without the benefit of the Columbia Basin Trust I think we’d be really struggling to keep abreast of all the issues. And we have a number of issues of local concern,” he said, urging all in attendance to remain “involved.”

Merkel said it is vital that the Basin population “is as informed as possible.”

Kindy Gosal, CBT’s director of water and environment, led the bulk of the public presentations at both East Kootenay forums, providing insight into the history of the basin in relation to the construction of the dams.

“The treaty is very complex,” he said, offering that he’s been studying it since 1995, but after speaking with Koocanusa area residents Gordon McNabb and Lloyd Sharpe, who’ve been up to their chins in river issues since 1954, he realized he still had lots to learn.

“It’s important to pay attention to history and pay homage to it. There is no use talking about what happened. It happened. But we need to look forward and think about the future,” Gosal, a Golden resident, said.

It is possible that the CRT could continue in perpetuity, Gosal said, but the Assured Annual Flood Control provision expires in 2024.

“Canada and the United States are exploring two basic scenarios: to either terminate or continue the CRT. Under the scenario to continue the CRT, the Assured Annual Flood Control (AAFC) provision will expire in 2024. As part of their work to understand the implications of each scenario, both countries are examining what changes may occur compared to the CRT as it currently operates,” explains ‘The Future of the Columbia River Treaty’ information sheet distributed at the meetings, along with about a dozen other items detailing all aspects of the issue, which e-KNOW will be presenting in feature form over the next few months.

There are two possible scenarios if the CRT continues. The first is if the AAFC expires.

That would mean Canada “continues to receive payments for downstream power benefits. Canadian flood control obligations change from the current regime known as (AAFC) to Called Upon Flood Control,” the CBT informational states.

The second scenario is the AAFC provision continues along with downstream benefits.

“This scenario represents a status quo option in terms of all elements of the CRT with the exception that both parties would need to agree to new AAFC provisions,” CBT outlines.

Should the CRT be terminated with no replacement agreement, it continues, the downstream power benefit payments to B.C. cease and Canada’s requirement to regulate flows for power interests in the U.S. ends. “Canadian flood control obligations change to Called Upon Flood Control. There is increased uncertainty in the U.S. regarding Canadian operations.”

Each speaker at the two East Kootenay forums noted the importance of the treaty being handled in the best possible way. Though it is yet unclear what that way is.

“It is a very important topic that affects us all,” said Ktunaxa Nation Council chair Kathryn Teneese, adding the KNC’s interests were “deeply and profoundly” impacted when the dams were built.

“It’s hard to believe that of all the First Nations in British Columbia, the Ktunaxa are the only First Nation with no access to salmon,” she said.

The KNC intends to “join our voices with other residents of the Basin. We expect to be a part of the discussions as the process unfolds,” Teneese said. “When it came about in its initial stages, unfortunately, we were not able to take part in it.”

She thanked the CBT staff and board for making the effort to inform residents of the Basin.

“While it seems so far away, we all know how quickly time goes,” she said. “We need to ensure citizens of the Basin have the opportunity to put their two cents in, if you will.”

CBT board member Ron Miles, who led the Cranbrook open house said, “We’re all neighbours coming together for the common cause.”

East Kootenay MLA Bill Bennett said he believes CBT’s ongoing open house program “is a valuable and very useful exercise.”

He also praised CBT for its work.

“I’ve come, over the years, to really appreciate what CBT does here. There are lots and lots of examples” of what they’ve done to better Basin communities, Bennett said.

“There is nothing else in the province like the Columbia Basin Trust. They’ve benefitted us in many different ways.”

Bennett said he must remain focused on the CRT as MLA and because he is representing Rich Coleman, Minister of Energy and Mines, who is B.C.’s point man on any negotiations with the Americans on the treaty.

“It’s a big, important agreement. It is flawed in some ways. It was entered into when values were different,” he said, adding that local people and First Nations should have been involved at the outset.

However, in a global sense, the treaty “is seen as a pretty good agreement,” Bennett pointed out.

The trick is going to be, he said, getting “to the point with the Americans where we can improve it. A whole bunch of ‘ifs’ need to be considered.”

City of Kimberley Mayor Jim Ogilvie echoed his fellow leaders by stating, “We want to be sure this time that the general public is included and local government is included” in any negotiations surrounding the treaty.

The next CBT open house covering the CRT is in Castlegar on Oct. 19, starting, like the Jaffray and Cranbrook events, with a free barbecue at 6 p.m. at the Castlegar and District Recreation Centre.

On Oct. 20 there is a similar event in Trail. There will be an open house Nov. 7 in Revelstoke and on Nov. 8 in Golden. The Nelson Rod and Gun Club is the location for a Nov. 14 open house in Nelson and a free spaghetti dinner precedes a Nov. 15 open house in Nakusp.

There are also two tentative dates for open houses on Nov. 29 and 30.

RDEK Electoral Area G director Gerry Wilkie requested, during the Oct. 6 regional board meeting, for an open house in the Columbia Valley.

Ian Cobb/e-KNOW


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