WC143 JulyAug 2025 - Magazine - Page 10
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Treaty in Limbo
Negotiations to modernize the Columbia River Treaty between Canada and the U.S. remain stalled
BY JADE SCRYMGEOUR & DERREN ROBERTS
HE COLUMBIA RIVER FLOWS from Columbia
Lake in British Columbia and drains to the Pacific
Ocean in Oregon. It is a significant source of the
Pacific Northwest’s hydro electric power. Entered into
in 1961, the Columbia River Treaty (CRT) is a transboundary water management agreement between Canada and the
United States that governs infrastructure, flood control,
and entitlement to power. Against the backdrop of a new
American administration, tariffs, and threats of annexation,
modernization negotiations previously seen as routine diplomatic discussions have been catapulted to the fore in light
over 110,000 hectares of ecosystems, displacing residents
and Indigenous communities from the Columbia River
Basin. Since the CRT’s inception, the needs of the parties
to the CRT, the communities of the Columbia River Basin,
environmental standards, and Canada’s commitment to
advancing reconciliation with Indigenous Peoples has
changed, necessitating an updated CRT.
The Treaty modernization process began in 2018 and
has several milestones. On July 11, 2024 one milestone
was achieved when the U.S. and Canada announced that
they had reached an Agreement in Principle (AIP) on the
CRT. The purpose of the AIP
was to provide the parties with a
“TheTreatyDamshavereduced昀氀oodriskandhavegeneratedrenewable clear roadmap on the key features
of a renewed treaty. The AIP is
energyformillionsofhouseholdsandbusinesses.However,the
not binding, and does not set an
outside date by which the parties
operation of these dams and reservoirs are not without consequence.”
must settle the treaty. It is instead
a guide to future negotiations.
In March, 2025, the U.S.
of the ongoing tariff dispute between the U.S. and Canada.
announced it was pausing negotiations of the CRT. As
This article will provide an overview of the CRT, the Canadescribed by Minister Adrian Dix in an information session,
dian infrastructure along this critical water source, and the
the pausing of negotiations coupled with annexation
significance of paused negotiations.
rhetoric has led some to suggest the CRT should be used as
To hold up its end of the CRT, Canada built three dams
a tool for leverage in Canadian-U.S. relations. However, it is
in B.C.; the Duncan, Keenleyside, and Mica while the
important to note that the U.S. has not formally suspended
U.S. built the Libby Dam, which flooded into Canada (the
negotiations and has merely paused them. Moreover, there
“Treaty Dams”). In return for 60 years of flood control, the
would not be a clean break from the Treaty. As described by
U.S. prepaid Canada $64 million and committed to paying
Minister Dix, issuing a notice to terminate the treaty would
Canada half of the additional potential hydroelectric power
mean that the treaty would remain in effect for another 10
produced by Treaty Dams.
years unless otherwise agreed to by the parties.
The Treaty Dams have reduced flood risk and have
There remain many outstanding questions. Will the
generated renewable energy for millions of households
pause in negotiations weaken the commitments made by
and businesses. However, the operation of these dams
the parties in the AIP and interim agreements? Will this
and reservoirs are not without consequence. Indigenous
result in a renegotiation of items previously settled? No
communities were not consulted during the original
update has been provided on the status of negotiations since
construction of the Treaty Dams and reservoirs flooded
late March 2025, and it is unclear when the U.S. will rejoin
the table.
While the pause to negotiations continues, there is still
Jade Scrymgeour is
plenty
for Canadian parties to do. Significant engagement
an associate in the
Derren Roberts
will be required in the modernization process. B.C. plans to
Vancouver office of Miller
is a student in the
confirm next steps once there is more clarity about the path
Thomson LLP specializing
Vancouver office of
in procurement and
Miller Thomson LLP.
to modernizing the CRT.
T
construction.
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WATER C AN ADA • JULY/AUGUS T 2025
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