Economy of Old Man River under negotiation

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One of the greatest resources in this country is water and, in southwestern Alberta, one of the greatest sources of water is found in the Old Man River, which snakes its way through the Peigan reserve. But the economic benefits this river provides for municipalities and businesses, ranchers and farmers, south, north, east and west of the reserve cannot be seen on the reserve itself. It's this imbalance that Edwin Small Legs wants to see rectified. And he's hopeful that talks, which have brought the federal government to the table with the Peigan Nation, and include a third party, the provincial government, will be able to correct some of the past wrongs.

"The bottom line is they need that water because it supplies the economics to southern Alberta," said Small Legs. "But what do we get out of it? We're at the table. Give us something for this."

The basis of the discussions, which started in July, is the Old Man River memorandum of understanding , which was reached in 1994 between the federal government and the Peigan Nation.

The MOU, said federal representative Tim Christian, is a "bilateral process" to discuss the implementation of 23 recommendations made by the Federal Environmental Assessment Review Office in reference to the Old Man River

Dam. The study was brought about when the Supreme Court ruled in favor of the Friends of the Old Man River and said an environmental impact assessment study had to be carried out - even though the dam had already been built. Construction on the dam began in 1986 and the dam became operational in 1992.

However, many of the federal environmental panel's recommendations fall under provincial jurisdiction, leaving the federal government with little it can do other than talk to its provincial counterparts to address the concerns. And thus the inclusion in July of a third player, a chief negotiator, appointed by the provincial government. Indeed, the fourth recommendation of the panel called for a negotiating process "by which the proponent and the Peigan can reach an agreement on mitigation and compensation for environmental, social and cultural impacts of the project on the Peigan and Peigan Reserve."

The province's role in these talks was prompted by court action initiated by the Peigan Nation to sue both the federal and provincial governments for the construction of the Old Man River dam. In May, the Peigan Nation met with

Premier Ralph Klein and agreed to postpone litigation if the premier agreed to appoint a chief negotiator and cover some of the costs of the talks. The province agreed.

However, Christian said he's not at liberty at this point to say which issues are being discussed and what the points of contention are.

Among the recommendations made by the federal panel are the following:

1. Water allocation to the Peigan. Withhold federal approvals for the project until an agreement between the Peigan and Alberta on water allocation is reached. In the interim, reserve and not allocate to others, the maximum amount of water that might be allocated to the Peigan;

2. Wildlife. ...The federal government should use its statutory powers to ensure Alberta undertakes a fully-funded, long term, wildlife mitigation program (inclusive of the concerns of the Peigan people);

3. Downstream fisheries. The federal government should exercise its fiduciary responsibility to Native people and ensure that the rights of the

Peigan to fish on their reserve are protected. One requirement is that a routine monitoring program for mercury in fish downstream from the Oldman Dam be instituted;

4. Archaeology and the Peigan. Withhold federal approvals for the dam until such time as the Peigan have reached an agreement with the proponent on the extent to which the Peigan should be compensated for cultural and spiritual losses in the reservoir area; and,

5. Peigan band. ...Indian and Northern Affairs Canada should assist the Peigan in carrying out an assessment to identify and mitigate potntial effects f the project on the Peigan people, religion, culture and land, and to assist the Peigan in negotiating the implementation of such mitigation as is necessary.

Some of these issues are in the process of being addressed, outside of the MOU talks.

The province is working with the Peigan Nation to discuss water allocation and has designated 6,000 hectares of new irrigation development on the Peigan Reserve; and Indian and Northern Affairs Canada is providing financial assistance to the Peigan Nation to support the negotiating process.

For Small Legs, the bottom line is simple: he wants to create a future for the unborn generations and he sees two ways of doing that: the Old Man River and Highway 3, which also winds its way through the reserve.

"We need to put an economy on the reserve," he said.

Water and a truck stop could do that. Small Legs would like to see a band owned truck stop built along Highway 3, a major highway which gives tourists access through the reserve heading north to Head-Smashed-In Buffalo Jump; south to Waterton Lakes National Park; east to Fort Macleod and Lethbridge; and west to the Crowsnest Pass. Through revenue generated by the truck stop and using the truck stop as collatoral, the band could go to the banks for loans, which would provide money to purchase cattle to graze on reserve land, which at this point is being leased out for a pittance. Loans could also be garnered for farm equipment, to raise crops and work land that has yet to be taken advantage of an irrigation system.

"[The Old Man River Dam] is a cash cow to the [provincial] government and we don't see anything," said Small Legs. "We get $500,000 and it's a $1 billion operation when you break it down."

Small Legs points to potato plants in Lethbridge and Taber; irrigation systems in farm land surrounding the reserve; tourism spots along the Old Man River reservoir, north of Pincher Creek. The river feeds into the southwestern economy, but not for the Peigan reerve.

Talks have bee proceeding well, said Christian, with almost one meeting a month, with all parties "doing their best to reach a resolution". He's hopeful that a satisfactory conclusion can come before too long. The federal government is at the point where it has to decide whether to appoint a negotiator and, if so, how much power to give that negotiator. Christian could serve as that negotiator.

However, Small Legs isn't as optimistic about the timelines.

"I see these talks going on for the next two or three years," he said. With band elections every two years, negotiations could be stalled or set back when different people come to the table.

The Peigan membership has to know what's happening, he said, and it was with this in mind that Small Legs helped organize a couple of awareness marches this past summer.

"I want the Peigan people to be aware of the issue because they're going to have a final say on it through a referendum. I want to educate people because it'll be a major change for them."

While Small Legs has been a member of the band council for the past five years, it's not as the voice of council that he speaks his concerns. It's with the voice of the Old Man River.

"The river has a spirit and it will get the right person to talk for it. And the way I look at it, it's my turn."