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March 26, 2015
TATASKWEYAK
CREE NATION
CLEAN ENVIRONMENT COMMISSION
LAKE WINNIPEG REGULATION PARTICIPANT SUBMISSION
Tataskweyak Cree Nation
Clean Environment Commission
Lake Winnipeg Regulation Participant Submission
March 26, 2015
Introduction
Tataskweyak Cree Nation is a community of approximately 3000 Cree people and
our main reserve is located on Split Lake, on the Lower Nelson River, in northern
Manitoba. Tataskweyak is in a unique position to discuss the effects of the Lake
Winnipeg Regulation on the environment and on our people because of our
history and location. Our people have over 50 years of firsthand experience with
the devastating effects of hydroelectric development in the North.
While we commend the government of Manitoba for undertaking a review of the
Licence, it is evident that the scope of the review and the mandate of the Clean
Environment Commission do not provide an appropriate venue for the inclusive,
holistic assessment required when considering a final licence for the Lake
Winnipeg Regulation Project.
In terms of our location, Split Lake is a widening of the Nelson River where it is
joined by the Burntwood River. It is at the heart of Hydro’s generation system,
receiving altered flows from Lake St. Joseph and the Winnipeg, Saskatchewan,
Red, Assiniboine and other small rivers that flow into Lake Winnipeg, plus most of
the flow of the Churchill River, which has been diverted through the Burntwood.
The cumulative effects of damming, diverting and regulating such powerful and
productive rivers have devastated northern Communities and Cree culture in
ways incomprehensible to our own children and grandchildren. When we try to
explain to them how our world was only fifty years ago, they look at us with blank
2 | P a g e
faces, not even able to imagine the places that we describe and the freedom we
had to live our traditional lifestyle.
The Cree World View and Kischi Sipi (Nelson River)
Our relationships with Mother Earth, which have evolved over thousands of
years, are expressed in our customs, practices, and traditions and underpin our
worldview. Maintaining harmony and balance in our Ancestral Homeland requires
healthy relationships with Mother Earth – these relationships are central to our
distinctive cultural identity and our continued existence.
Kischi Sipi, also called the Nelson River, was the lifeblood of these relationships.
The River, which widens at Split Lake, was our highway and food supply and was
the centre of recreational and cultural pursuits. The River and all it contained
helped to sustain us and, in return, we respected and cared for the River and
everything that was part of it.
Hydro Development and Lake Winnipeg Regulation
The harmony and balance in our Ancestral Homeland largely withstood numerous
disturbances throughout our history, but when the Government of Manitoba
turned its attention north 58 years ago to the development of the Kelsey
Generating Station, it was the beginning of decades of devastation for our River
and our way of life.
First, Hydro began building dams without notice or consultation. The dams
blocked the Nelson River, destroyed the rapids, and replaced flowing water with
reservoirs. Traditional sites were flooded, graves were washed away, and travel
both on and off the River became difficult and dangerous.
Next, the flow of the River was changed when the Churchill River was diverted
into Kischi Sipi at Split Lake and Lake Winnipeg was regulated, creating a fifty
percent increase in the outflow capacity. Hydro also began to use the River as a
reservoir to enable more profitable power production, as well as for flood
3 | P a g e
protection on the Lake. The water in Kischi Sipi turned turbid and, as a result, Split
Lake began filling with mud, algae and debris.
The Lake Winnipeg Regulation reversed the natural water regime, causing low
flows in the spring and summer and high flows in winter. Travel conditions
became unpredictable and dangerous as water levels and flows were quickly
changed, depending on power demand and outflow requirements to protect Lake
Winnipeg. Our Reserve and traditional lands began eroding. Aquatic and shoreline
habitat and populations were negatively affected, which directly affected
Tataskweyak’s harvesting, recreational and cultural pursuits.
Traditionally, our people maintained a healthy and reciprocal relationship with
the Nelson River – we consider ourselves the custodians of the River and its
inhabitants. As Manitoba took over management of the River for electricity
production and flood protection, the harmony and balance of our world was
shaken. The manipulated River is now a poor highway due to debris and unstable
ice conditions, its water is muddy and undrinkable, and its fish are harvested far
less due to fears of mercury contamination and overall poor health. Noticeable
changes exist in the texture and flavour of our most abundant and sustainable
food sources. Delicate and critical relationships that exist in our world have been
damaged, many irreparably.
All of these impacts and concerns have been identified by our Members and
government agencies in the past, including during the Federal and Provincial
monitoring programs of the 1980s, in our 1996 Post Project Environmental
Review, in the Keeyask EIS, and in Hydro’s Lake Winnipeg Regulation report
submitted to this Panel.
The impacts of Lake Winnipeg Regulation on Split Lake are inseparable from the
impacts of the rest of the Hydro system. Complex river systems from Alberta to
Ontario, and Montana to Minnesota, have been manipulated so their waters
arrive, with devastating power and consequence, in Split Lake.
4 | P a g e
Mercury
Mercury has been and continues to be a real concern for us. Some history needs
to be provided in order to give context for our concerns. This history is
acknowledged in Hydro’s Lake Winnipeg Regulation report.
The Tataskweyak Cree first became aware of the danger to their health from
eating fish containing mercury in 1970/71 when Split Lake, Cedar Lake, Lake
Winnipeg and many other lakes were closed to commercial fishing for several
years. The Cree language has no word for mercury; it is translated as ‘poison’.
Results from a wide‐area testing program indicated that levels were low enough
that these fisheries could be re‐opened. The fear of poison in our fish, however,
started to have an effect on our diet and our way of life, despite reassurance from
government.
Fears of mercury contamination resurfaced a few years later, in the late 1970s,
when elevated levels in fish were detected in Hydro affected areas of the
Churchill River waterways, including Southern Indian Lake which had been
devastated by flooding caused by the Churchill River Diversion. Several
commercial fisheries along the Churchill River Diversion route were closed for a
season. Subsequent testing of Stephens Lake, also the reservoir for the Kettle
Generating Station, showed very high mercury levels – far above the limit for
commercial sale or safe consumption. Mercury levels in Split Lake were lower, but
still above sale and consumption limits for some years. Fish consumption
guidelines had to be developed to ensure our people were safe. Members were
tested for mercury contamination and, in many cases, never received their
individual results. This led to much more fear and concern throughout the
Community which persists today.
To my people, the Kischi Sipi was now contaminated and could not be trusted to
provide food in the traditional way. Unfortunately, we were powerless to do
anything about it. This mercury was not coming from an industrial source far
away; it was coming from our own backyard. Our confidence in eating fish has
been shaken forever, which has caused irreversible changes to our culture.
5 | P a g e
Tataskweyak Members understand how mercury gets into the fish. Flooding
causes erosion of soil and peat into the reservoirs, where bacteria converts
mercury from the soil into poisonous methylmercury, which accumulates up the
food chain with the highest levels occurring in big predatory fish like pickerel and
jackfish.
The operation of the Churchill River Diversion and Lake Winnipeg Regulation has
resulted in enormous erosion of lake and river shorelines in the Nelson River
watershed. We can see the results of the continuing erosion of the Burntwood
River which carries the diverted Churchill into Split Lake, including the build‐up of
sediment at the inlet of the Burntwood to Split Lake. We know that erosion is the
cause of increased mercury levels in fish and, as a result, our fears of eating fish
from Kischi Sipi will continue as long as its shorelines continue to erode.
Agreements
The Northern Flood Agreement (NFA) of 1977 attempted, broadly, to address the
impacts of Hydro developments, particularly the Churchill River Diversion and
Lake Winnipeg Regulation, including Hydro and government responsibilities for
water quality, safe navigation, community infrastructure, remediation and
shoreline clearing. As has been acknowledged in many documents, very limited
implementation of the NFA was achieved.
Our 1992 Agreement with Manitoba, Canada, and Manitoba Hydro won us certain
authority, both independently and jointly, to deal with impacts of the Regulation
and Diversion. A water regime was defined that represented historical flows and
levels on our waterways, particularly Split Lake, since the regulation of our River
system.
Continuing Impacts
Notwithstanding assurances that physical impacts resulting from the Lake
Winnipeg Regulation‐Churchill River Diversion would tend to stabilize after ten to
twenty years, the impacts are ongoing and from what our Members report, are
getting worse. Contrary to what was predicted by western science at the time,
6 | P a g e
neither our river nor our culture have stabilized, and both continue to experience
significant impacts.
As noted in Hydro’s Lake Winnipeg Regulation Report, unprecedented water
levels in 2005 flooded portions of our community. This included the destruction of
our shoreline, impacts on community infrastructure, including our cemeteries,
and required extensive riprapping to protect our Reserve in the future.
In the first 20 years of Lake Winnipeg Regulation, we had just three floods on Split
Lake. In the last 20 years there has been a flood about every two to three years.
The water on Split Lake has been so high in the past few years that erosion
monitoring cannot even be conducted.
Hydro’s Lake Winnipeg Regulation Report notes key areas of eroded Tataskweyak
Reserve land, but, in fact, there is erosion all over Split Lake, including islands
which have existed for as long as we can remember that are now starting to
disappear.
There is apprehension about changing water levels; Members don’t know when
to tie up their boat and when to use a snowmobile. It is plain to us when we are
out on the land harvesting that the waters of Split Lake and the Nelson River are
the colour of mud, while the colour of lakes not on the Hydro system are a
brilliant blue. This is also evident in aerial photography of the region. We have lost
confidence in a supply of clean water and in the safety of domestic foods and
traditional medicines.
Keeyask Generating Station and Lake Winnipeg Regulation
Tataskweyak Cree Nation, War Lake First Nation, Fox Lake Cree Nation and York
Factory First Nation have recently partnered with Manitoba Hydro to construct
and operate the Keeyask Generation Project, which is located downstream of Split
Lake on the Lower Nelson River. Under the terms of the Joint Keeyask
Development Agreement, Tataskweyak and Hydro have agreed that no change to
the CRD Licence, as modified by the Augmented Flow Program, or to the Lake
7 | P a g e
Winnipeg Regulation Licence, will be required to construct and operate the
Keeyask Project.
Concerns and Recommendations Regarding the Issuance of a Final Licence
Manitoba and Canada’s monitoring programs began in the 1980s and, since then,
have provided some understanding of the adverse effects of Lake Winnipeg
Regulation and Churchill River Diversion. We understand there is extensive
monitoring of water quality and aquatic habitat in Split Lake and that it is ongoing.
With respect to mercury, we expect that the Crown will fulfill its responsibilities to
our people and work with us to mitigate, monitor and address concerns regarding
the ongoing impact of mercury contamination on our diet and health.
We want environmental monitoring to continue, including as required under our
Agreements, with a productive role for our Members. We want Hydro to mitigate
or remedy adverse effects identified as a result of this monitoring in accordance
with our Agreements, or otherwise, as required. We want the Final Licence to
reflect these wishes.
We do not want any changes to the operating conditions of Lake Winnipeg
Regulation. While our Nation has suffered the adverse effects of regulation for 40
years, any changes, including those options assessed in Hydro’s Lake Winnipeg
Regulation report, would bring new, unpredictable changes and uncertainty, to a
greatly altered and delicate ecosystem.
#*
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Missi FallsCS
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Generating Station - Under Construction
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Split Lake Resource Management Area
By Churchill River Diversion (CRD)
By Churchill River Reduced Flow
By Lake Winnipeg Regulation (LWR)
By Both CRD and LWR
Waterways Impacted:
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