Detailed Study Notes on Native Peoples and Water Rights: Hydroelectric Dams and Legal Issues in Western Canada

NATIVE PEOPLES AND WATER RIGHTS

Introduction

  • Author: Kenichi Matsui

  • Focus on irrigation, dams, and the law regarding Native water rights in Western Canada.

  • Published by McGill-Queen's University Press in 2009.

Legal Context and Importance

  • Legal deposit and catalog numbers noted.

  • Book categorized under various subjects:

    • Water rights in British Columbia and Alberta

    • Legal status and laws of Native Indians in Western Canada

    • Irrigation and dam laws in Canada

    • Historical context on Native peoples of Alberta and British Columbia.

Hydroelectric Dams and Native Waterpower Rights:

A Stoney Nakoda Case

  • Conventional narratives often overlook the role of hydroelectric industry in urbanization alongside developments such as the Canadian Pacific Railway (CPR).

  • Calgary's quest for economic viability included the need for a stable power supply similar to other major North American cities.

  • Significant hydroelectric developments on the Bow River affected the Stoney Native reserve:

    • Key projects: Kananaskis, Horseshoe, and Ghost hydroelectric projects.

    • Stoney reserve is located near Morley, Alberta, approximately 56 km west of Calgary.

Stoney Nakoda Traditional Territory

  • Traditional territory extends beyond Morley reserve:

    • Jasper area to the north, international border areas to the south, Calgary area to the east, provincial border to the west.

    • Primary winter campsite located in the Morley area.

  • Historical context:

    • Treaty 7 was signed in 1877 between Stoney Nakoda and several other tribes (Siksika, Kainaiwa, Piikani, Tsuu T'ina).

    • Approximately 67,760 acres (109 square miles) of land secured by the Stoney Nakoda, containing diverse forest species but challenging agricultural conditions.

    • Environmental constraints hindered crop agriculture; irrigation plans failed, leading to a focus on livestock.

    • Controversy and struggle regarding water rights developed despite minimal irrigation farming.

Legal Agreements and Indigenous Politics

  • The Stoney Nakoda's struggle over water rights is fundamental to understanding Native water rights development in Western Canada.

  • The history behind hydroelectric dam agreements during the first three decades of the 20th century illustrates:

    • A distinctive local legal-political tradition that merges indigenous politics with western water law.

    • Legal uncertainty regarding hydroelectric production and indigenous rights, yet Stoney demands were integrated into agreements.

  • Key legal frameworks include:

    • Treaty 7

    • British North America Act

    • Indian Act stipulating that any land surrender must have Native consent.

Hydroelectric Developments: Early Challenges

  • Analysis of hydroelectric developments reveals financial uncertainty among stakeholders including government and Native communities.

  • Early influencers:

    • Technology advancements in hydroelectric generation (hydraulic turbines, direct-current/electricity).

    • Urban manufacturing expansion reliant on waterpower.