All eleven governments have approved terms of reference and appointed members to a governance body that will investigate tranbsoundary water pollution in the Kootenay watershed in traditional Ktunaxa Nation territory spanning the Canadian and U.S. international border.
It's the latest step in the process being undertaken by the International Joint Commission — an entity created by a century-old treaty between Canada and the United States that investigates and recommends solutions to transboundary water issues.
The IJC announced an investigation into transboundary water pollution in the Kootenay watershed in March 2024, after receiving a joint reference from Canada, the United States and the Ktunaxa Nation governments.
With Terms of Reference now in effect, the Governance Body — comprised of representatives from six transboundary Ktunaxa Nation governments, as well as British Columbia, Canada, Montana, Idaho and the United States — can begin work to develop an action plan to reduce and mitigate the impacts of mining pollution in regional waterways.
“This is a positive first step to officially stand up the Governance Body,” said Nasuʔkin Donald Sam, Chief and Governance Body member for the ʔakisq̓nuk First Nation. “It reinforces the collaborative intent of each of the parties. "Collectively we can now begin the real work of addressing the serious pollution problem in the cross-border Elk-Kootenai watershed, which is the reason we established a Governance Body in the first place."
The Governance Body consists of eleven governments—the United States, Canada, British Columbia, Montana, and Idaho, and the six Ktunaxa governments: ʔakisq̓nuk, ʔaq̓ am (St. Mary’s), yaqan nuʔkiy (Lower Kootenay Band), Yaq̓it ʔa·knuqⱡiʾit (Tobacco Plains Indian Band), the Confederated Salish and Kootenai Tribes (Ksanka Band), and ʔaq̓ anqmi (Kootenai Tribe of Idaho).
There are 18 Governance Body members from three delegations: six Ktunaxa Nation members (one from each Ktunaxa government), four members from the United States and one each from Montana and Idaho, and three members each from Canada and British Columbia.
The objective of the Governance Body is to enable timely actions that reduce and mitigate the impacts of water pollution in order to protect the people and species in the Kootenai/y watershed.
“We were glad to see, with the joint reference, that the U.S. and Canada were finally taking their commitments to Indigenous peoples, the environment, and the International Boundary Waters Treaty seriously,” said Gary Aitken, Jr., Vice Chairman and Governance Body member for the Kootenai Tribe of Idaho. “And now, we’re encouraged that all eleven governments on the Governance Body have been able to agree upon Terms of Reference. We are hopeful that all eleven governments will continue to cooperate and collaborate and get to the real work of healing the river,” stated Aitken, Jr.
The Kootenai Tribe of Idaho hosted the first Governance Body meeting in September in Bonners Ferry, Idaho, and included a tour to the Tribe’s fish hatcheries, which are working to restore burbot and Kootenai River white sturgeon.
The Governance Body will have monthly virtual information sharing sessions starting Nov. 14th, and will meet again formally in 2025.
“For too long, federal and provincial governments have stood by while our waters suffered. We are encouraged that all eleven governments, and Canada and B.C. in particular, have agreed to change direction and come to the table,” said Tom McDonald, Vice Chairman and Governance Body member for the Confederated Salish and Kootenai Tribes. “We’re at the beginning of what will likely be a long process, one that will require sustained effort from all governments involved. We will continue to work tirelessly to restore our rivers and the fish and wildlife that depend upon them, and hope the other governments will do so as well,” McDonald continued.
The IJC will develop an action plan based on recommendations from the organization's study board, which was also called for and established under the same joint reference request by a June 30th, 2024 deadline.
While the governments did draft and agree upon the Terms of Reference by the June deadline, the Terms of Reference only became effective after all eleven governments approved them, which only recently occurred when Canada became the final government to approve the Terms of Reference.
Transboundary Ktunaxa Nation governments have been advocating for over a decade to bring a reference to the IJC to study pollution concerns in the Kootenay watershed.
In March of last year, Prime Minister Justin Trudeau and President Joe Biden committed to “reach an agreement in principle by [summer 2023] to reduce and mitigate the impacts of water pollution in the Elk-Kootenai watershed in partnership with Tribal Nations and Indigenous Peoples, in order to protect the people and species that depend on this vital river system,” based on a joint statement issued after a bilateral meeting between the two leaders.
A year later, that commitment became a reality, as Canada signed on to the IJC reference, along with the United States and Ktunaxa Nation governments.
“We are cautiously optimistic of the IJC process and will proceed with that caution. We will continue to attend meetings and participate,” Nasuʔkin Jason Louie, yaqan nuʔkiy Chief and Governance Body member, said. “We are thankful that the US and Canada—in partnership with the Ktunaxa Nation—are working
toward meeting their commitment to reduce and mitigate the mining pollution in the Kootenay watershed.
Future progress will require Ktunaxa knowledge and inclusion, according to Nation representatives.
“It is great to have International Governments working collectively with First Nation Governments of both Canada and the United States to ensure the healing of the waters begins,” said Nasuʔkin Heidi Gravelle, Chief and Governance Body member for Yaq̓it ʔa·knuqⱡiʾit. “It is through this body that we are focusing not only on the issues that are polluting the water, but also putting western practices along with integral Ktunaxa practices to change the outcomes for the better. It is through collaboration, understanding, and commitment to healthy change, that we will heal our water for future generations and all living things."
