Working toward a modernized Columbia River Treaty

2023 was a year of accelerated activity in the ongoing process of modernizing the Columbia River Treaty.

The pace of negotiations between Canada and the US picked up as delegations from both countries met for five rounds of formal talks in January (Vancouver), March (Washington DC), May (Kelowna), August (Seattle) and October (Portland). Numerous virtual intersessional meetings were held between each round to advance further progress on technical issues, and promote discussions on the challenges and opportunities in integrating the respective and mutual water management objectives of Canada and the United States .

Last year, the teams exchanged two more rounds of proposals, bringing the total to four. This outlined each province’s vision of what a modernized Treaty could entail. The proposals were developed with the aim of agreeing on an updated Treaty Framework that includes not only flood risk management and hydropower coordination, but also ecosystem health, salmon recovery, adaptive management, greater flexibility for Canadian operations and greater bilateral engagement at Libby Dam operations.

Although much progress has been made and countries are aligned on many issues, a number of important issues remain open. Both countries want to reach an agreement in principle as quickly as possible; However, the Canadian negotiating delegation, which also includes Canada, BC and the Ktunaxa, Secwepemc and Syilx Okanagan Nations, maintains that a modernized Treaty will need to meet the objectives of BC’s Indigenous and Basin communities in a fair and balanced manner, as well as the needs of the US. . The team will not agree to a modernized Treaty unless it leads to improvements in the BC Basin and reduces the impacts communities and ecosystems in the Basin have experienced since the Treaty came into effect. And, as BC has maintained from the beginning, the benefits of the Treaty must be shared equitably between the two countries, in accordance with the founding principle of the Columbia River Treaty.

Although the next round of negotiations has not yet been scheduled, the Canadian and U.S. delegations have continued to hold virtual intersessional meetings to resolve outstanding issues.

On the logistical front, the role of Canada’s lead negotiator for the Treaty changed hands last August. Sylvain Fabi, who led the Canadian delegation on behalf of Global Affairs Canada since 2017, stepped down to focus on his role as Consul General of Canada for the U.S. Mountain West Region in Denver, Colorado. Stephen Gluck, deputy director of Global Affairs Canada, has taken on the role of chief negotiator and has since represented Canada in all public forums of the Columbia River Treaty.

Stephen served as Sylvain’s second-in-command during the negotiations and has been part of Global Affairs Canada’s Treaty Modernization Team since 2011. The strong partnership between Canada, BC and Basin Indigenous Nations has continued under his leadership, as has the respectful relationship with the U.S. negotiating delegation.

Many familiar with the Treaty will know that 2024 marks an important milestone. If Canada and the US do not agree on a modernized Treaty, the Treaty will continue in its current form. This means the original flood control provisions will expire in September and move to a ‘Called-Upon’ regime, requiring the United States to use its reservoirs to manage flood risk before ‘calling’ BC for additional water storage. See the Treaty Fact at the end of this newsletter for more details. 2024 is also the first year that either country can unilaterally terminate the Treaty, with at least ten years’ notice.

It’s also worth recognizing that both the US and BC will have elections this fall. The Treaty has traditionally been a non-partisan issue, and negotiations have continued through multiple administrations and administrations on both sides of the border. Still, 2024 has the potential to be an interesting year.

With increased awareness of climate change, ongoing drought across the province and increased societal demand for hydroelectricity, there is intense interest from citizens, communities, indigenous peoples, tribes and governments on both sides of the border in the potential benefits of a modernized Treaty.

It is important to note that there is no deadline for the negotiations. Canada, BC and Indigenous Nations will take the time necessary to reach a fair and just agreement that is in the best interests of the Canadian Basin. Before a renewed Treaty is finalized, the Province of BC will work with Basin communities to explain what is proposed and solicit feedback.

Main image: Mica Dam. Photo from the Government of BC

This article was originally published April 29 in the Columbia River Treaty Newsletter

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