2014 Update on US-Canada Columbia River Treaty Negotiations

In our April 19, 2013 blog posting, Schroeder Law Offices reported that the United States was undertaking review of the 1964 Columbia River Treaty in preparation for the upcoming 2014 opportunity for either party to seek modification or cancellation of the Treaty through the required notice provisions. September marked the 50 year anniversary of the ratification of the Treaty and accordingly the first date either party could provide the required 10 year notice of its wish to cancel or modify the Treaty.

The Columbia River Basin Development League’s September 29, 2014 News Drops Issue featured an article  from the Wenatchee World noting that while agencies from both Canada and the US have recommended modification of the Treaty, the parties have only begun to “engage internally.” In his October 15, 2014 Newsletter Senator Doug Whitsett provided additional information regarding the status of negotiations between the parties, based on his attendance at a meeting of the Council of State Governments Committee on River Governance, which included a delegation from British Columbia. He reported that one major issue in the negotiations may be the US’ desire to add a third component to the Treaty to encompass ecological management of the Columbia River, including reintroduction of salmon to the upper watershed, upstream from the Grand Coulee Dam into Canada. Mr. Whitsett reported that Canada opposes modification of the Treaty to include ecological management of the River. This position is supported by a 2013 document outlining responses from Canadian Entities to questions from the US Entity regarding the Columbia River Treaty review.

The infrastructure governed by the Treaty is important to the US for flood control reasons, as well as delivery of Columbia River water to Eastern Washington. Additionally, parties in Eastern Oregon have been in negotiations for an agreement to allow delivery of Columbia River water to farmland near Hermiston and Boardman to provide relief to the badly stressed groundwater aquifers in that area. We hope to be able to report positive movement on the Treaty negotiations in 2015.