Columbia River Treaty and

The Okanagan Nation

Presented by: Jay Johnson

October 7, 2015

Okanagan (Syilx) Nation Revitalization of an Okanagan Fishery & the Salmon

People

Seven member band communities:1. Osoyoos Indian Band2. Penticton Indian Band3. Westbank First Nation4. Okanagan Indian Band5. Upper Nicola Band6. Lower Similkameen Band7. Upper Similkameen Band, and

8. Colville Confederated Tribes (USA)

Who are the Okanagan People?

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

One Historic Nation:

• 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

Columbia River as a Life Force

“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 Declaration

• 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

Okanagan Title and Rights

• 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.

Game Changer–Supreme Court Tsilhqot’in Decision

• 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

Columbia River Treaty (CRT)

• 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

CRT Impacts

• 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)

Recent History – Salmon

Background: Okanagan Sockeye

Okanagan

Wenatchee

ARROW LAKES

Columbia River sub-basins historically accessible to sockeye

Columbia River sub-basins with present day viable sockeye populations

• 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

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

DYKE SETBACK

GRAVEL BARS

© One Wild Earth © Kevin Dunn

RE-MEANDERING

SPAWNING PLATFORM

RIFFLE

Before After

How are the sockeye run doing?

19671969

19711973

19751977

19791981

19831985

19871989

19911993

19951997

19992001

20032005

20072009

0

50,000

100,000

150,000

200,000

250,000

300,000

350,000 Reference period trend in Okanagan River sockeye salmon

Wells

AUCriver

Return Year

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ent e

stim

ate

Many Factors: Stock augmentation Fish water mgmt tools Fisheries management (ocean and Columbia River) Ceremonies Habitat Restoration… E

xpe

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ent

B

egi

ns

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

• 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

CRT Review Process - ONA

Related Policy 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

Related Policy Issues

• 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

Next Steps

• 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

Okanagan Nation CRT Needs

Lim Limp’t (Thank You)