Columbia River Treaty and
The Okanagan Nation
Presented by: Jay Johnson
October 7, 2015
Who are the Okanagan People?
Okanagan (Syilx) Nation
Revitalization of an Okanagan
Fishery & the Salmon People
Seven member band communities:
1.
Osoyoos Indian Band
2.
Penticton Indian Band
3.
Westbank First Nation
4.
Okanagan Indian Band
5.
Upper Nicola Band
6.
Lower Similkameen Band
7.
Upper Similkameen Band, and
8.
Colville Confederated Tribes
(USA)
One Historic Nation:
Okanagan Nation , Colville
Confederated Tribes - Sinixt
•Sinixts original inhabitants of the Arrow Lakes
•Sinixts and Okanagans in US and Canada share Nsyilxcen Language /Culture
•Late 19th C. Small pox , encroachment devastated Sinixts populations
•By 1960s Sinixts population abandoned last West Kootenay reserves
• 2010 ONA reunified politically with CCT as both share ancestry/ history
•First Nations still use and access region – regularly practice rights
• Up to 8,000 Sinixts descendents reside primarily at CCT and the ONA
Columbia River as a Life Force
• Okanagan Nation People are a Salmon People
• Columbia River is the main artery of the nation
delivering salmon and as historical corridor
• Okanagan System is a tributary
• Industrialization and CRT devastated region &
its Salmon
• First Nations had no past involvement in CRT
• Massive ecological and cultural impacts from
CRT flooded lands/ fisheries and erosion
Okanagan Declaration
“The Okanagan Nation
Declaration provides a
shared vision for all activities
within Syilx Territory and will
be respected by all Member
Bands and the ONA in
carrying out their
responsibilities under this
Protocol.”
Okanagan Title and Rights
• Okanagan Nation has not surrendered its Title
and Rights interests on its (69,000km2)
Territory
• The CEC is the elected political decision making
collective body - all Chiefs
• ONA is the administrative and technical arm of
the Nation
• ONA has five departments and nearly 75 staff
• Strongest inland Fisheries dept. in Canada
Game Changer–Supreme Court
Tsilhqot’in Decision
• Aboriginal Title is real and meaningful and can exist over
large tracts of land (territories);
• Aboriginal Title includes the vesting of full and beneficial
economic interest in the land to the Aboriginal group;
• Where Aboriginal Title exists, consent of the Collective
Aboriginal group is required for the Crown or industry to
use that land; and failing consent, the Crown has to
meet the test of justifiable infringement; and
• If the Crown authorizes activities on land which are
demonstrated to be Aboriginal Title land, projects and
permits may be cancelled, and damages owed to the
Aboriginal group.
Columbia River Treaty (CRT)
• Water storage and management agreement btw
US- Canada signed in 1961 and ratified in 1964 –
• Flooded over 40,000 acres of prime valley bottom
lands to store the 15.5 million Acre feet of water
• No end date but after 60 years can terminate but
requires 10 years notice
• Created three new storage dams in Canada (Mica,
Hugh Keenleyside and Duncan dams)
• Sought to optimize flows for flood control and
maximize power generation
• Required coordinated efforts to manage water
flows in the Columbia and Kootenay River systems
CRT Impacts
• CRT has had massive impact to First Nations
the Title and Rights interests
• Flooded thousands of acres of critical land –
inundated village and burial sites, destroyed
fishing and hunting grounds, fertile valley
bottoms and many sacred sites
• Altered the river system into an industrial
managed reservoir
• Continues to Impact on eco-systems and
fisheries – erosion, dust, invasive species and
ancestral remains
Recent History – Salmon
• Commercial Salmon Fisheries U.S. (1870’s)
• Historical decisions did not consider First
Nations or the importance of the Okanagan to
fisheries
– Main stem Columbia River Dams (1933)
– Grand Coulee Dam blocks Salmon access to Upper
Columbia (1938) with Canadian tacit support
– Columbia River Treaty (1961-4)
– Okanagan River Channelization and salmon Access
in Okanagan River restricted (McIntyre Dam -1915)
Background: Okanagan Sockeye
• Okanagan sockeye
population is one of
three remaining
Columbia River stocks
• Mid 90’s less than 3,000;
by 2014 via restoration
returns over 400,000
• Okanagan run now
makes up 70-90% of all
Columbia river sockeye
ARROW LAKES
Okanagan
Wenatchee
Columbia River sub-basins
historically accessible to
sockeye
Columbia River sub-basins
with present day viable
sockeye populations
1200 km and 9 major dams
to get to spawning grounds
on Okanagan River
Okanagan River in 1938 and 1996
Habitat and Fish Passage: ORRI Phase 1
Before
After
DYKE
SETBACK
SPAWNING
PLATFORM
GRAVEL
BARS
RIFFLE
REMEANDERING
© One Wild Earth
© Kevin Dunn
How are the sockeye run doing?
300,000
Escapement estimate
250,000
200,000
150,000
Reference period trend in Okanagan River sockeye salmon
Many Factors:
• Stock augmentation
• Fish water mgmt tools
• Fisheries
management (ocean
and Columbia River)
• Ceremonies
• Habitat Restoration…
Wells
AUCriver
Experiment
Begins
350,000
100,000
50,000
0
1967196919711973197519771979198119831985198719891991199319951997199920012003200520072009
Return Year
Starting to see benefits-economic and
recreational fisheries
Summary of Salmon Program Results
• Results from monitoring impacts of sockeye
reintroduction are promising so far
• Relatively good juvenile abundance, growth, and
survival
• Low impact to native fish (such as kokanee)
• Increased understanding that Mysis shrimp are
driving the foodwebs
• Increased Okanagan River sockeye but some smaller
runs in the near future – Vulnerable (esp. Climate)
• Results encouraging for Upper Columbia restoration
CRT Review Process - ONA
•
•
•
•
•
ONA rejected BC’s original consultation process
Insisted Canada Join review process
Jointly designed new ‘Critical Path Process’
Led to deeper mutual understandings
Created key negotiations venues but largely
unsuccessful in creating resolution to date
• Okanagan Nation interests line up with both BC
and US on different issues
• Chiefs remain committed to collaboration with
local, Provincial and Federal Governments
Related Policy Issues
issues
• Columbia WUP-water license/Fisheries Act authorizations
do not consider downstream impacts – i.e. Salmon
• Uncertainty over FNs/ Federal/Provincial jurisdictional roles
• CRT must consider Salmon impacts as it is the way to
influence US decisions
• There will be years where structured flows won’t benefit
Canadian salmon – vulnerable to flows
• Improve annual fish survival measurements from the upper
Columbia, including sockeye
– We need a Canada salmon plan of studies funded
– ONA/DFO in feasibility stage of year 1 for downstream survival
studies
Next Steps
•
•
•
•
•
Process to reconcile downstream impacts
More Trans-boundary collaboration (ONA/DFO/CCT/FNs)
More meaningful participation by Canada in ONA/CRT
Deep Inclusion of ONA into Treaty Negotiations Process
Continue water management and fish survival modeling
with BC and Canada.
• Mirror Mitigation process similar to U.S. process
– Mitigate “uncontrollable losses”
– Minimum standard (e.g. dry water years) + 0.5 MAF of Can
flows?
– Bigger investments in fish and eco-system restoration
– Pursue Fish (Salmon) Passage studies and outcomes
Okanagan Nation CRT Needs
• Continue studies, modelling and community
feedback
• Eco-system Function as equal part of the treaty
• Continue Bi-lateral Negotiations and involvement
• Joint decision making
• Revenue-sharing
• Salmon Passage
• Better Mitigation efforts
Lim Limp’t (Thank You)