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U.S., Canada consider revisiting Columbia River
Treaty, which includes Libby Dam |
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September 19, 2014 |
From the Columbia Basin Bulletin
Tuesday, September 16 marked the 50th
anniversary of the ratification of the Columbia
River Treaty, an international agreement between
Canada and the United States that was created
with the goal of developing Columbia River water
uses specifically for power generation and flood
control -- for the benefit of both countries.
The trans-boundary water management agreement
was signed in 1961, and ratified in 1964.
The treaty has no specified expiration date.
Either Canada or the United States can
unilaterally terminate the Columbia River Treaty
any time after Sept. 16, 2024,
provided written notice is filed at least 10
years in advance.
This suggests a notice date of Sept 16, 2014,
but notice could have been done
earlier and can be done later.
Both British Columbia and the United States are
considering options to determine
whether or not to give notice. Regardless,
Assured Annual Flood Control expires
automatically in 2024, and converts in 2024 to a
Called Upon operation of Canadian storage space
as may be needed by the United States for flood
risk management.
The treaty optimizes flood management and power
generation, requiring coordinated operations of
reservoirs and water flows for the Columbia
River and Kootenai River on both sides of the
border.
The Columbia River Treaty has been a significant
driver behind diverse economic,
public safety, and ecological uses of the
Columbia River, according to the so-called U.S.
Entity.
As a direct result of the treaty, four storage
dams were built: Mica, Arrow and
Duncan dams in British Columbia, Canada; and the
Libby Dam in Montana. The Columbia's headwaters
are in British Columbia. The river flows south
into Washington, then west along the
Oregon-Washington border to the Pacific.
Tributaries from British Columbia, Idaho,
Montana, Nevada, Oregon, Washington and Wyoming
feed the Columbia-Snake river system.
These four dam/river projects more than doubled
the storage capacity of the Columbia River
system, increased control of the river flow,
thereby decreasing the risk of major flooding
events downstream, and provided opportunities
for releasing water at times needed for power
generation and other downstream benefits such as
fisheries and water supply.
For the past 50 years, treaty operations have
helped prevent major flood damages and provide
for economic development across the basin.
The U.S. Entity, which consists of the
administrator of the Bonneville Power
Administration (BPA) and the U.S. Army Corps of
Engineers Northwestern Division Engineer, is
charged with formulating and carrying out the
operating arrangements necessary to implement
the Columbia River Treaty in concert with the
Canadian Entity.
"We appreciate the extensive coordination and
collaboration we've enjoyed with BPA and the
Canadian Entity on this important treaty over
the past 50 years," said Brigadier General John
Kem, commander of the Corps' Northwestern
Division, "This extensive cooperation with
Canada and U.S. regional interests has allowed
us to achieve common treaty goals, and also to
respond to the changing needs in the Columbia
River Basin," added Elliot Mainzer, BPA
administrator.
Looking to build on the past success of the
treaty, the U.S. Entity led a three-year
review process that culminated in a regional
recommendation regarding the future of the
Treaty. That recommendation, available at
www.crt2014-2024review.gov, was delivered to the
U.S. Department of State December 13, 2013, and
is now undergoing a formal review by the U.S.
government.
"The stated goal of the regional recommendation
is for both countries to develop a
modernized Treaty framework that reflects the
actual value of coordinated power
operations with Canada, maintains an acceptable
level of flood risk, and supports a
resilient and healthy ecosystem-based function
throughout the Columbia River Basin," according
to a December 13 letter signed by Kem and
Mainzer that was sent to U.S. and Canadian
officials. "It is important to achieve a
modernized framework for the treaty that
balances power production, flood risk
management, and ecosystem-based function as the
primary purposes addressed in the treaty, while
also meeting other congressionally authorized
purposes of the U.S. projects, such as
irrigation and navigation.
"The recommendation includes general principles,
followed by topic specific
recommendations for a modernized treaty. In
addition to the regional recommendation, we have
included a section that identifies domestic
matters for consideration by U.S. domestic
interests to be addressed post-2013."
The recommendation to the U.S. president to
strike up negotiations with Canada
regarding a renewal of the treaty sets out
numerous goals for such discussions, such as
re-evaluation what monetary "entitlement" should
be sent north of the border to pay for benefits
received south of the border, and whether
ecosystem considerations, such as salmon
restoration needs, should be part of any new
agreement.
Likewise, Canadian governmental entities are
considering their stance on the treaty, with
concerns about the apportionment of benefits.
On September 16, 1964, British Columbia Premier
W.A.C. Bennett, Prime Minister Lester B. Pearson
and United States President Lyndon B. Johnson
met at the International Peace Arch Boundary at
Blaine Washington and Surrey, B.C. and ratified
the Columbia River Treaty.
"Today, the treaty is known throughout the world
as one of the most successful models of
trans-boundary water management," Minister of
Energy and Mines Bill Bennett said this week.
"Since the Treaty dams - Duncan, Arrow (now
Keenleyside), Mica and Libby -- were constructed
there has never been a flood causing major
damage along the Columbia River. Co-ordination
under the treaty allows the hydroelectric system
to respond to seasonal challenges during
both high and low flow periods," Bennett said.
"Hydro power generated by the dams provides
clean, reliable and renewable energy throughout
British Columbia and the Pacific Northwest.
"But as we mark the anniversary of the treaty it
is also important to acknowledge
the historic and continuing impacts. Two-hundred
and seventy thousand hectares of
Canadian ecosystems were inundated. Residents
and communities were displaced and
economic opportunities lost," the premier said.
"Treaty operations continue to
impact the Columbia basin where some reservoirs
fluctuate by as much as 47 metres
(155 feet).
"In March 2014, informed by a two-year treaty
review process that included extensive public
and First Nations consultation, the government
of British Columbia announced its decision to
continue the Columbia Treaty and seek
improvements within its existing framework.
"The primary goal of the treaty from our
perspective is to create and equitably
share benefits from trans-boundary co-operation
with the United States, recognizing that British
Columbia is impacted by treaty operations. We
have identified 14 principles that will guide
British Columbia in any discussions on the
future of the treaty with Canada and the United
States," Bennett said.
"In the United States a federal interagency
review of the treaty continues under the
direction of the National Security Council on
behalf of the president of the United
States.
"In B.C. we continue to engage with First
Nations, residents and elected officials
in the Columbia Basin, we're in discussions with
the Government of Canada on
developing a collaborative approach to any
future negotiations, and we're working to
ensure U.S. stakeholders, legislators and
decision makers understand British
Columbia's perspectives and principles on the
treaty.
"The Columbia River Treaty has shaped lives and
communities in the Columbia River basin and
around our entire province for 50 years. We're
committed to working collaboratively with all
Treaty partners to achieve improvements in the
treaty and make it better for future
generations."
The Canadian Entity is BC Hydro.
The Columbia River Treaty is implemented by the
entities. Together, they work
cooperatively and are responsible for the daily
operations of the reservoirs and
hydroelectric facilities.
The Province of British Columbia is the Canadian
Entity to manage the Canadian
Entitlement, Canada's half share of the
downstream power benefits.
Under the Columbia River Treaty, Canada (British
Columbia) agreed to build three dams [Duncan
(1967), Arrow/Hugh Keenleyside (1968) and Mica
(1973)], and in return received benefits based
on the additional flood control and power
generation potential. British Columbia received
an upfront one-time payment of $64 million for
60 years of assured flood control.
Canada's half share of the additional power that
could be generated in the United
States as a result of the dams, the downstream
power benefits, is called the
Canadian Entitlement. Under the 1963
Canada-British Columbia Agreement, these
benefits are owned by the Province of British
Columbia.
British Columbia sold the first 30 years of the
Canadian Entitlement to a consortium of
utilities in the United States for $254 million
and used the money to finance the construction
of the three Columbia River Treaty dams.
The Canadian Entitlement continues as long as
the Columbia River Treaty is in place. If
the Columbia River Treaty is terminated, the
Canadian Entitlement ends.
The Columbia River Treaty also provided for the
construction of the Libby dam (1973) in Montana
and the resulting reservoir, Lake Koocanusa,
stretches back 68 kilometres into British
Columbia.
The Libby dam regulates water flow on the
Kootenay River, the major uppermost
tributary of the Columbia River. The obligation
to regulate water flow on the
Kootenay River continues indefinitely, even if
the Columbia River Treaty is
terminated.
Starting in the early 1990s, other agreements
under the Columbia River Treaty have been put in
place to serve additional values such as
managing water flow for fish and for recreation.
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