The Columbia River Treaty (CRT) is a trans-boundary water management agreement between Canada and the US signed in 1961 and ratified in 1964. The Treaty optimizes flood management and power generation, requiring coordinated operations of reservoirs and water flows for the Columbia River and Kootenay River on both sides of the border. The Columbia River Treaty has no specified end date but Canada or the US can terminate as early as September 2024 with a 10-year notice. No termination notice has been given but in May 2018 Canada and the US launched negotiations to ‘modernize’ the treaty.
Under the CRT, Canada was required to build and operate three dams in the higher elevation reaches of the Basin.
- 1987 Duncan Dam (Revelstoke)
- 1968 Hugh Keenlyside Dam (Arrow Lakes Reservoirs)
- 1973 Mica Dam (Kinbasket Reservoir)
The CRT also allowed the US to construct Libby Dam in Montana. Its Reservoir the Koocanusa extends 68 kilometers into Canada. (operated by US entities)
The original 1964 process in which decisions were made to enact the CRT by the provincial and federal governments, excluded First Nations and basin residents from providing input into a decision that had a major impact on their lives and life in the Columbia Basin.
“As a representative of the Secwépemc Nation, I am pleased that the federal government has taken steps to recognize the rights of our people in the negotiation of the Columbia River Treaty through the inclusion of Indigenous Nations Observers within the negotiations. This moves us further down the path of reconciliation.”
The Columbia River has shared importance to each of the Secwépemc, Syilx Okanagan and Ktunaxa Nations Indigenous Nations). The CRT caused a wide range of adverse impacts to Indigenous economies, harvesting activities, cultures, spiritual practices and communities that remain ongoing today. The building of dams, flooding of the lands, and the creation of reservoirs and operation of the CRT system has resulted in great infringement on Secwépemc rights and title.
Equally important, from a governance perspective was to ensure effective participation of Indigenous Nations through Observer status in the negotiations of the modernized CRT with the US and to have Canada and British Columbia seek to obtain the Indigenous Nations’ Free Prior and Informed Consent (FPIC). With that focus in mind, the Indigenous Nations entered into a joint Negotiation Framework Agreement to guide our engagement with Canada and BC.
“The original Columbia River Treaty in 1964 excluded our Nations, and wreaked decades of havoc on our communities and the basin. Canada’s unprecedented decision to include us directly in the US -Canada CRT negotiations is courageous but overdue and necessary to overcome the decades of denial and disregard. We welcome the government’s bold decision here and look forward to helping to ensure any new Treaty addresses the mistakes of the past.”
On April 26, 2019 the Federal Government announced the Columbia River Basin Indigenous Nations will participate as Observers in the Columbia River Treaty negotiations. The Secwépemc, Ktunaxa and Syilx Okanagan are united and working together on Indigenous Nations priorities for the renegotiation of the CRT.
The purposes of the Negotiations Framework (NFA) Agreement are:
- Establish the principles, processes and commitments that will govern engagement between the Parties on the CRT Negotiations.
- Advance reconciliation and establish the means whereby Canada and B.C will seek to obtain the free, prior and informed consent of the Indigenous Nations regarding the CRT Negotiations; and
- Enable the Parties, whether collectively or through separate bilateral processes, to develop additional agreements related to the CRT including, but not limited to, past and ongoing impacts of the CRT to the Indigenous Nations and the domestic implementation of any outcomes of the CRT Negotiations
- The NFA also sets out the three Indigenous Nations will be observers to the negotiations between Canada and the United States which is a valuable precedent of participation in accordance with Article 18 of the United Nations Declarations on Rights of Indigenous Peoples.
The importance of Indigenous Nations involvement includes.
- Incorporation of ecosystem function based on Indigenous cultural values into a modernized CRT.
- Benefit Sharing of future benefits from the CRT, including a discussion of interim benefits from the current Treaty.
- Initiating negotiations for redress for historic infringement
- A new governance regime for the Upper Columbia Basin
- Salmon Re-Introduction
“I am delighted that, for the first time, Indigenous Nations will officially join our negotiations with the United States about the future of the Columbia River Treaty. I want to thank the Indigenous Nations for their valuable participation and for their patience throughout this process. By working together, we will ensure that negotiations directly reflect the priorities of the Ktunaxa, Okanagan, and Secwépemc Nations – the people whose livelihoods depend on the Columbia River and who have resided on its banks for generations. This is an historic day and demonstrates our government’s commitment to work in full partnership with Indigenous Nations.”
News
On May 19,2022, Kenpesq (Shuswap Indian Band) gathered at the headwaters of the Columbia River near Invermere, BC where 3 nations participated in a Salmon fry release ceremony.
Secwépemc Nation CRT AIP Press Release July 11 2024
