U.S., Canada strike tentative deal for Columbia River Treaty

After years of negotiations, the U.S. and Canada have reached a tentative agreement renewing the Columbia River Treaty.

The proposed 20-year deal would update an agreement that’s managed the Columbia River and its hydropower dams since it was ratified in 1964.

President Joe Biden and Canadian Prime Minister Justin Trudeau announced the agreement-in-principle Thursday, July 11.

The Columbia River Treaty is a transboundary water-management agreement between Canada and the United States which optimizes flood-risk management and power generation.

The treaty required Canada to build three dams in B.C. and allowed the U.S. to build a fourth dam, the Libby Dam, which flooded into Canada.

Although international treaties are within federal jurisdiction, the 1963 Canada-British Columbia Agreement transferred most treaty rights and obligations to the Province of B.C. This requires the Province’s agreement before terminating or amending the treaty.

Revenue from the treaty has contributed to funding government functions such as health care, education and infrastructure.

The treaty has no end date, but either country can unilaterally terminate it from September 2024 onward with at least 10 years’ notice.

Since negotiations to modernize the treaty began in May 2018, 19 formal rounds of negotiations have taken place, according to Ktunaxa Nation officials. They have participated in these rounds, and have provided expertise and input.

Both the U.S. and Canada said in prepared statements that the proposed deal would continue flood risk management and cooperation for hydropower. They also said it would incorporate new provisions, such as ecosystem health and Indigenous cultural values, that weren’t considered in the original agreement.

“After 60 years, the Treaty needs updating to reflect our changing climate and the changing needs of the communities that depend on this vital waterway,” Biden said in a statement from the White House. “The Columbia River and its tributaries are of great importance to Tribal and Indigenous peoples, who have been sustained by this ecosystem and the abundant resources it provides for time immemorial. These waterways are also vitally important to our nation’s economy, generating 40% of U.S. hydropower, irrigating $8 billion in agriculture products and moving 42 million tons of commercial cargo every year.”

Biden also said the deal would, “elevate U.S. Tribes’ and Canadian Indigenous Nations’ voices. We’ll re-balance energy coordination between the United States and Canada, allowing the United States to keep more clean hydropower energy at home while giving Canada more opportunities to import from and export to the U.S. market – critical to both countries achieving our clean energy goals.”

Montana Sen. Mike Cuffe (District 1) spoke to The Western News about the deal and specifically about Article 13 of the treaty.

“One of the concerns was that Canada would exercise its right to divert 26% of the average annual Kootenai River flow into the Columbia River at Canal Flats, British Columbia, 100 miles north of the border.

“While that hasn’t changed, the door has been left open for discussions with a cross-border working group to talk about it and other articles,” Cuffe said.

Gov. Greg Gianforte will appoint a new member to that group.

Meanwhile, Cuffe will be moderating a Pacific North West Economic Region (PNWER) working group discussion in two weeks where the Columbia River Treaty and Milk River situation will be major focal points.

Cuffe has been involved in the process since 2010. After joining the PNWER in 2011, an organization of legislators from 10 northwest states, provinces and territories, his involvement deepened. 

Cuffe said he was relatively happy with what is happening and that some of the more hot-button issues are still being discussed.

“There’s a feeling that this is the best we can do,” Cuffe said. “Jill Smail, the lead negotiator for the U.S. Department of State, seems very happy with it.”

Cuffe reminded those interested in the process that during the COVID pandemic, negotiations stopped from June 2020 to November 2021.

“I strongly encouraged them to get back to negotiating, so I think I had some influence there,” Cuffe said.

Cuffe and other Montana legislators have argued that the state should be compensated in the same manner that British Columbia has been for flooding three valleys. There is also concern that if flows are diverted, it will significantly increase the amount of selenium contamination that already occurs because of coal mining in the province.

According to reporting by the Associated Press, the U.S. would pay Canada for reservoir capacity to hold back water during flood seasons, protecting downstream communities, at a rate that would begin at $37.6 million per year and increase with inflation. The agreement would provide Canada with more flexibility in using the water stored in its reservoirs.

Trudeau said the agreement-in-principle is a major milestone that will allow the treaty to be updated.

“For more than 50 years, the Columbia River Treaty has played a crucial role in reducing flood damage and providing clean energy to millions of households, businesses and industries in both of our countries,” Trudeau said in a statement. “Today’s announcement is the result of extensive negotiations between the Government of Canada and the Government of the United States. Canada’s negotiating team is a partnership between the federal government, the Province of British Columbia, the Ktunaxa, the Secwépemc and the Syilx Okanagan Nations. This agreement-in-principle is the result of extensive engagement, notably with Indigenous and local communities, to ensure that all interests are heard, represented and addressed.”

The Ktunaxa Nation also issued a statement about the treaty.

“This milestone represents years of hard work and dedication by our Nations, and ensures we have a voice at the table to protect the future of our homelands,” said Kathryn Teneese, Ktunaxa Nation Chair. “We have worked hard to see concerns over the environment, Ktunaxa cultural values, stream flows and salmon restoration represented in the Treaty negotiations, and we are committed to continuing that work as a new treaty is drafted.

“We are also working with B.C. and Canada to make sure the huge impacts of the Columbia River Treaty dams to our people are recognized and addressed,” Teneese said. “The Ktunaxa Nation has communities on both sides of the border and we share a sacred duty to protect ‘ʔa·kxam̓is q̓api qapsin’ (all living things).”

Some environmental groups weren't as pleased.

“The health of the Columbia River must become an explicit purpose and priority in a new, modernized Treaty,” said Joseph Bogaard of the Save Our wild Salmon Coalition, who chairs the Columbia River Treaty NGO Caucus. “The Columbia Basin is out of balance today. A modernized Treaty must become a tool for restoring balance. Salmon advocates have serious concerns with this Agreement in Principle. In its current form, it means continued risk and uncertainty for this historic river, its native fish populations and the many benefits they bring to our communities.”

The agreement still needs ratified by the U.S. Senate.