Canada, the United States and the Ktunaxa Nation have agreed to seek a reference to the International Joint Commission (IJC) to study water pollution concerns in the Elk-Kootenai watershed, and hope to have a governance structure in place by the end of June.

The Ktunaxa Nation have been seeking a reference to the IJC for over a decade based on ongoing concerns with mining pollution in the Elk River and Koocanusa Reservoir stemming from coal mining activities in the Elk Valley.

Kathryn Teneese, chair of the Ktunaxa Nation Council welcomed the announcement, while noting that there含羞草研究社檚 more work to be done over the coming months and years.

含羞草研究社淚 think it含羞草研究社檚 something that we含羞草研究社檝e been pushing for for quite some time, and have made numerous interventions to try to get this happening,含羞草研究社� said Teneese. 含羞草研究社淎fter many years of pushing for it, we含羞草研究社檙e extremely happy that finally we含羞草研究社檙e going to have an independent body look at the issues and the effects of pollution on the Elk and Kootenay watersheds.含羞草研究社�

The IJC is guided by the Boundary Waters Act, a treaty signed between Canada and the United States in 1909, which provides a framework for preventing and resolving transboundary water issues between the two countries.

Specifically, Canada and the United States are asking the IJC to create a study board for two years that will convene experts and knowledge holders to coordinate transparent transboundary data collection and knowledge sharing.

The transboundary aspect is significant, particularly for the Ktunaxa Nation and Ktunaxa Nation governments on both sides of the international border.

含羞草研究社淥ne of the key matters is the fact that we含羞草研究社檝e been able to have a united Ktunaxa voice, both south and north of the 49th [parallel] that says this is our homeland and we含羞草研究社檙e all concerned and we含羞草研究社檙e not going to be bound by this imaginary line that divided our Nation,含羞草研究社� Teneese said.

含羞草研究社淎nd we recognize that as a Nation and a collectivity of Ktunaxa people, we have responsibility to ensure that our homeland is protected for future generations.

In a press release, Gary Aitken Jr., Vice Chairman of the Kootenai Tribe of Idaho, said he is glad that Canada and the United States are taking their commitments to Indigenous peoples seriously.

含羞草研究社淔or decades, mining has impacted our waters, our people, and our resources. While we were seeking action, things moved far too slowly, and the federal government looked the other way,含羞草研究社� said Aitken Jr. 含羞草研究社淲e are finally starting a process where there can be collaboration, trust, and transparency. Ktunaxa said we would not stop until there was an action plan, and we look forward to seeing that through to ensure the real work of healing the river is achieved.含羞草研究社�

Michael Dolson, Chairman of the Confederated Salish and Kootenai Tribes, concurred.

含羞草研究社淔or too long, the U.S. and Canada have stood by while our waters suffered,含羞草研究社� Dolson said, 含羞草研究社淲e are encouraged by the federal governments含羞草研究社� change in direction and the progress that was achieved when we all worked together these past months. We will continue to work tirelessly to restore our rivers and the fish and wildlife that depend upon them. We含羞草研究社檙e at the beginning of what will likely be a long process, one that will require sustained effort from all governments involved.含羞草研究社�

The participation in a reference to the IJC was announced in a joint statement by both Canadian and American ambassadors, following a commitment made by Prime Minister Justin Trudeau and U.S. President Joe Biden to address water pollution concerns in the Elk-Kootenai watershed during a bilateral meeting last year.

含羞草研究社淐omplementing additional efforts currently underway throughout the Elk-Kootenay watershed, and together with the IJC and our partners in the region, Canada and the United States welcome the opportunity to further our collaboration on this important work,含羞草研究社� reads the statement from Kirsten Hillman, Canadian ambassador to the U.S., and David Cohen, U.S. Ambassador to Canada.

Over the last number of years, a reference to the IJC has been supported by Ktunaxa Nation governments and the U.S. State Department. However, the Canadian government had been hesitant to make a commitment, allegedly due to pressure from the B.C. government amid concerns over jurisdiction and regulatory authority.

In a statement attributed to four B.C. cabinet ministers with portfolios ranging from mining, environment, Indigenous relations, and water and land stewardship, the provincial government said it welcomed the process.

含羞草研究社淲e have reviewed the proposal for a reference to the International Joint Commission and British Columbia is committed to fully engage in this process,含羞草研究社� reads the statement. 含羞草研究社淚n its proposed role as a neutral facilitator, the International Joint Commission is uniquely positioned to assist in building crucial relationships and trust across this key international watershed.

含羞草研究社淲e look forward to collaborating with governments, First Nations and community partners, as we work together to accelerate our joint efforts to enhance and protect water quality in the Elk-Kootenay/Kootenai watershed.含羞草研究社�

Speaking from the B.C. Legislature with Black Press, environment minister George Heyman said the province含羞草研究社檚 resistance stemmed from concerns over duplication of environmental regulations that he noted the province is already doing.

However, Heyman said the province looked carefully at the commitments made by Prime Minister Trudeau and U.S. President Biden and engaged with the federal government on what an IJC reference would look like.

含羞草研究社淲e see it as being additive,含羞草研究社� said Heyman. 含羞草研究社淲e think they含羞草研究社檒l play an important role as a neutral third party, bringing First Nations on both sides of the border, the two governments together, and state and provincial governments on matters of improving water quality and being able to validate facts and issues and give us information that will be useful as we progress in improving the water quality treatment in the Elk Valley and Kootenay watersheds.含羞草研究社�

The provincial government noted the $1.4 billion that has been invested by Teck Resources Ltd. into the Elk Valley Water Quality Plan. According to a progress report issued last fall, Teck says it has constructed treatment capacity of 77.5 million litres of water per day, that removes between 95-99 per cent of selenium from treated water.

However, Teck was also recently fined $15.5 million by the province, after it was found to not be in compliance with a condition to have a water treatment facility operational at the Fording River South coal mine by a December 2018 deadline.

That facility was up and running by July 2022, as Teck blamed the delay on needing time to implement a fix for a water treatment challenge as well as construction issues stemming from the COVID-19 pandemic.

The fine was levied using a daily multiplier starting from a March 2021 enforcement deadline and dating back three years.

In 2021, Teck also received a $60 million fine 含羞草研究社� the largest environmental penalty in Canadian history 含羞草研究社� after it was discovered that deleterious coal mine waste rock leachate was being deposited into the upper Fording River in 2012.

Specifically, environmental regulators determined that Fording River Operations and Greenhills Operations coal mines deposited selenium and calcite into the upper Fording River.

Wildsight, a Kootenay-based non-profit dedicated to environmental conservation and education, hailed the reference to the IJC as the first step to addressing a complex issue.

含羞草研究社淔or the communities that call the Kootenay/Kootenai watershed home, and the environments within it, this investigation could not have come soon enough,含羞草研究社� said Casey Brennan, Conservation Director at Wildsight.

含羞草研究社淲ith selenium concentrations at record-high levels, the time for action and open dialogue is now. We hope that through the IJC含羞草研究社檚 impartial lens, information can be collected and recommendations swiftly made to protect the watershed, and its current and future inhabitants, from the worst water pollution impacts to come.含羞草研究社�

A recent study from the U.S. Geological Survey shows the overall annual amount of selenium flowing down the Elk River and into Lake Koocanusa has more than quadrupled since measurements began in 1985. In response, Teck noted that the rate of increase has slowed and that selenium water concentrations in Lake Koocanusa have been stable since at least 2012.

However, the USGS study also found that when the river flows are high, during the spring runoff, there is a larger amount of selenium moving downriver coinciding with larger river flows, even though specific selenium concentrations may be lower.

With files from the Canadian Press and Wolfgang Depner