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Columbia River Treaty talks continue amid incoming Trump presidency

Canadian negotiators are downplaying concerns about the impact the pending Trump administration will have on the Columbia River Treaty modernization efforts.
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The Columbia River Treaty affects the operations of three dams in the Columbia Basin - Mica, Duncan and Hugh Keenleyside (shown here). File photo

Canadian negotiators are downplaying concerns about the impact the pending Trump administration will have on the state of the Columbia River Treaty modernization efforts between Canada and the United States.

Both sides reached an "agreement in principle (AIP)" earlier this year amid efforts to update the decades-old flood control and power generation agreement between the two countries.

However, as the U.S. White House transitions from Democratic president Joe Biden to Republican Donald Trump, concerns raised by the public about the immediate future of the treaty were front and centre during a  held on Dec. 19.

While in California during the U.S. election campaign in September, President-elect Donald Trump suggested a "very large faucet" in B.C. could help California's drought.

Stephen Gluck, the lead federal negotiator with Global Affairs Canada, said the treaty's modernization efforts spanned back to the first Trump administration through the Biden administration and will continue no matter who is in power in the United States. 

"Obviously, there's profile and media attention to comments like that," Gluck said. "I will say though that the Columbia River Treaty is a treaty that has been for power and flood risk management and we have moved towards modernizing it for some other means, but essentially it is a regional and a contained treaty. We don't necessarily follow or look for those remarks and our team right now is focused on modernizing the treaty...as soon as we can."

B.C. energy minister Adrian Dix, who was also in virtual attendance, concurred.

"I think what we have to do, and what we have to continue to do, is do the work of defending Canadian interests, Columbia Basin interests, British Columbia interests, and not be distracted in that work by the political discussions of the time," Dix said.

The info session also included representation from Columbia Basin MLAs, the Province of B.C. as well as Indigenous representatives from the Syilx Okanagan and Ktunaxa Nations.

Originally ratified in 1964, the Columbia River Treaty was a water management agreement between the two countries that focused on downstream flood control management and power generation. 

The treaty facilitated the creation of three dams in B.C. — Mica, Duncan and Keenleyside â€” as well the Libby dam in Montana.

However, when it was drafted, it was essentially done without any input from Indigenous Nations, as the resulting reservoirs flooded out Indigenous territory, affecting cultural, heritage and ecological values.

Among the key elements of a modernized treaty is a focus on ecosystem function and re-framing the agreement to treating the Columbia River as a one-river system that flows over traditional Indigenous territory and a number of federal and state jurisdictions.

That effort has been led by Indigenous governments in both countries. 

The Secwépemc, Syilx Okanagan and Ktunaxa Nations were invited to participate as official observers with the Canadian delegation in 2018, and led the focus on ecosystem function along with U.S.-based Indigenous governments.

During the info session, Jay Johnson, the lead negotiator for the Syilx Okanagan Nation, reflected on the significance of Indigenous participation in the treaty modernization efforts.

"This is a pretty profoundly important journey that we are on right now in that never in the history of the contemporary world have Indigenous communities had a voice directly at the table in international bilateral negotiations," Johnson said, "and both governments had the foresight and the understanding to include the three Nations and the Untied States to include the U.S. tribes in helping to shape and form and participate in the negotiations and that's a pretty important step in the journey of reconciliation."

Major elements of the new AIP include increased domestic flexibility for the Canadian treaty dams, particularly for ecosystem and Indigenous values. Additionally, a new flood-risk management regime replaces the existing one, as the U.S. will now pay Canada $37.6 million (USD) indexed to inflation until 2044. Canada will receive an additional $16.6 million (USD) in recognition of other benefits that the U.S. receives due to Canada's operations of the three treaty dams.

The Canadian Entitlement is the share of the power benefit by coordinating flows in the three Canadian reservoirs for incremental power generation above and beyond what's already generated in the U.S. However, for every million-acre feet that is used for Canadian flexibility, the Entitlement will be reduced by 6.5 per cent, as there is no corresponding power benefit to the U.S.

Other elements of the modernized AIP include an Indigenous and Tribal advisory body, salmon reintroduction and ensuring flows for salmon and a transboundary Kootenay/Kootenai working group.

Before the treaty is finalized, it must pass approvals processes federally in both Canada and the U.S., as well as in British Columbia.

With files from Lauren Collins

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Trevor Crawley

About the Author: Trevor Crawley

Trevor Crawley has been a reporter with the Cranbrook Townsman and Black Press in various roles since 2011.
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