Overview
Chiefs, Council & Elders, some of the issues that we will raise with the province should be one of information, information in the sense of the history of the Echo, Crooked & Round Lake Control Structures and the effects the control structures are having on First Nations Lands. The reasoning behind this is not to alarm the Province with demands by the First Nations on Co- Mechanisms: Management, Employment, Benefits & Fiscal Arrangements. Since this will be our first meeting with the Province to discuss the issue of First Nations Lands being flooded by artificially raising the lake levels at Echo, Crooked & Round Lakes, we have to have an open mind and not get caught up in a debate with the Province and Canada. Our Main objective is to find out if the Province will be a party to the negotiations and to what extent they are willing to participate. We know that from our meeting on November 1, 2002 at the Ramada Inn, Sask. Watershed Authority (SWA) as represented by Wayne Dybvig is willing to have the First Nations involved in the management of the control structures, but to what extent, not just tokenism.
QVIDA History
1930- Natural Resource Transfer Agreement allows Canada to transfer the ownership of the natural resources in the Province of Saskatchewan to the Government of Saskatchewan (without First Nations consultation).
1930- The Federal Government creates the Prairie Farm Rehabilitation Administration (PFRA) to help Non-First Nations farmers cope with the depression.
1935- Farmers petition the Federal Government to construct water control structures to flood hay lands in the valley each spring. The PFRA began to commission studies and plan the construction of water control structures throughout the Qu’Appelle Valley. PFRA never consults with First Nations in the Qu’Appelle Valley that would be affected by the flooding.
1942- PFRA constructs Control Structures at Echo, Crooked & Round Lakes for the purpose of agriculture due to the drought of the 1930's. The Department of Indian Affairs assumed that PFRA had the right to expropriate Indian lands. Compensation of $8,050.00 was agreed to but never paid. Following the depression, Canada & Province of Saskatchewan maintain lake levels unnaturally high for recreational use. Unnaturally high lake levels flood large tracts of First Nation Lands in the Qu’Appelle Valley.
1950-1955- PFRA transfer the ownership of Katepwa Lake Weir to the Government of Saskatchewan. Katepwa Lake Weir keeps Pasqua, Echo, Mission & Katepwa Lakes unnaturally high by approximately one to two feet.
1975-1976- Piapot, Muscowpetung, Pasqua & Standing Buffalo First Nations hire a lawyer to pursue damages. In 1976, Piapot decides to pursue damages separately.
1977- Muscowpetung, Pasqua and Standing Buffalo First Nations negotiate a settlement with PFRA for the sum of $265,000.00.
1979- Qu’Appelle Valley Indian Development Authority (QVIDA) is formed to deal with the flooding of First Nations lands and water quality of the Qu’Appelle Lakes.
Mid-1980's- Sakimay, Cowessess, Kahkewistahaw and Ochapowace First Nations submit claims to the Federal Government under the Specific Claims Policy for damage to and loss of, Reserve Land caused by flooding associated with a water control project at Round and Crooked Lakes. Remaining QVIDA First Nations follow with their own Specific Claim.
1989- Department of Indian and Northern Affairs closes the QVIDA claim due to lack of activity on the file. QVIDA First Nations view this as constructive rejection.
1994- QVIDA, excluding the Kahkewistahaw and Piapot First Nations, asks the Indian Claims Commission (ICC) to conduct an inquiry into the wrongful flooding of the First Nations Lands.
1998- ICC recommends to the Specific Claims Branch to validate the QVIDA Flood claim on the basis: (1) The wrongful flooding of First Nations Lands by artificially raising the lake levels at Echo, Crooked & Round Lakes constitutes an illegal trespass and that illegal trespass continues today (2) If Specific Claims does not validate to negotiate, the QVIDA Flood Claim, the control structures that are causing the illegal trespass should be removed. The ICC recommends that previously paid compensation be deducted from any final settlement.
1999- Canada validates the QVIDA Flood Claim based on the recommendations from ICC of an illegal trespass on First Nations Lands by artificially raising lake levels at Echo, Crooked & Round Lakes.
August 2000- QVIDA and Canada sign Protocol Accord that will be used as the basis for negotiations. The Protocol Accord stipulates a compensation package for Past & Present damages and will identify legal mechanism(s) to deal with claims for future damages and future use. April 2002- The First Nations present Canada with the Treaty Water Resource Permission Licence in the amount of $7,000,000.00 for the flooding of First Nation Lands from April 1, 2002 to March 31, 2003.
July 2002- The First Nations inform PFRA/ Canada that permission to access Echo, Crooked & Round Lake Control Structures will no longer be allowed due to failure by Canada to recognize the Treaty Water Resource Permission License.
August 2002- Canada puts the QVIDA Flood Claim in abeyance due to the submission of the Treaty Water Resource Permission Licence. Canada’s position to the licence is that there is no legal mechanism based on Canadian law to pay the license.
October 2002- PFRA tries to access Round & Crooked Lake control structures to remove stop logs. QVIDA with the assistance of the Royal Canadian Mounted Police (RCMP) deny PFRA access due to the fact that PFRA is not allowed to enter Indian Treaty Lands.
October 2002- The Attorney General of Canada and Saskatchewan Watershed Authority (SWA) files a Court Injunction to have PFRA access Echo, Crooked & Round Lake Control Structures to carry out Fall 2002 operations by removing stop logs, citing public safety.
November 6th, 2002- Canada and the First Nations develop a Memorandum of Understanding (MOU) that will be the basis to develop a Protocol to negotiate Future Use/Mechanisms and to allow PFRA to complete it’s Fall 2002 operations at Echo, Crooked & Round Lake Control Structures. The MOU recognizes that the Province of Saskatchewan has to be involved in the negotiations on Future Use of First Nations Lands.
November 27th, 2002- Canada and the First Nations develop a Protocol Accord for the basis in which Future Use will be negotiated and recognizes that the Province of Saskatchewan has to be involved.
December 5th, 2002- QVIDA Negotiation Team has a supper meeting with Saskatchewan Minister of Environment, Buckley Belanger and Minister of Government Relations and Aboriginal Affairs, Chris Axworthy at the Science Centre Restaurant- Regina, Saskatchewan.
January 8th, 2003- QVIDA Negotiation Team identifies a sub-group to meet with Saskatchewan Watershed Authority to begin preliminary discussions on Future Use Mechanisms.
January 15th, 2003- QVIDA and Canada develop in draft Communication Strategy. Communication strategy prevents QVIDA and Canada from releasing negative information to the media.
January 30th, 2003- QVIDA and Canada finalize Communication Strategy. QVIDA and Canada finalize and issue Request for Proposals (RFP) on joint Loss of Use Study pertaining to Agriculture, Forestry, Riparian and Reclamation.
January 30th, 2003- QVIDA meets with Canada’s Specific Claim Branch to try an expedite the validation of the Piapot First Nation Flood Claim. Canada requires more information in regards to channelization.
January 31st, 2003- Saskatchewan Watershed Authority makes presentation to QVIDA and Canada on the overall operations of all Control Structures in the Qu’Appelle Valley from Lake Diefenbaker Control Structures to Round Lake Control Structure.
February 7th, 2003- QVIDA commissions Traditional Loss of Use Study and Recreation and Tourism Loss of Use Study.
February 10th, 2003- Conference Call between QVIDA represented by Chairman/Negotiator Todd Peigan and Legal Council Mervin Phillips with Canada and Provincial representatives on information sharing pertaining to Canadian and Provincial water flow agreements, revenues generated by such agreements, sewage effluent releases in the Qu’Appelle Valley and any other documents pertaining to the Qu’Appelle Valley Water Way.
February 26th, 2003- QVIDA and Federation of Saskatchewan Indian Nations (FSIN) meet to share information to expedite the validation of the Piapot First Nation Flood Claim.
March 3rd, 2003- QVIDA and Saskatchewan Watershed Authority meet to discuss the establishment of an MOU pertaining to Future Use of First Nations Lands. SWA does a presentation on the channelization that happened in the Qu’Appelle Valley that affected the Piapot and Muscowpetung First Nations.
March 5th, 2003- QVIDA and SWA continue discussions on the establishment of and MOU. QVIDA wants discussions to be Without Prejudice and to be Confidential. SWA cannot agree without consulting more with their legal counsel. SWA maintains that discussions between QVIDA and SWA cannot be in isolation from Canada. SWA will inform QVIDA by letter of their future intentions.
March 25th, 2003- QVIDA and SWA continue discussions in development of a MOU. SWA wants access to Echo, Crooked and Round Lake Control Structures and First Nations Lands during the development of an MOU. QVIDA advises SWA that a Licence Fee/Access Fee/ Permit is required before SWA can have access to the control structures or First Nations Lands for water management purposes. SWA does not have mandate to pay any access fee. Discussions end with the First Nations not allowing SWA access.
April 17th, 2003- SWA issues a News Release, advising cottage owners and Resorts that they should expect low lake levels for the 2003 Spring, Summer and Fall Seasons. SWA blames the issue on the Federal Government and QVIDA.
April 28th, 2003- Canada, SWA and QVIDA have a meeting in Regina to discuss the Future Use of First Nations Lands. Unfortunately SWA does not want to participate in meaningful negotiations. QVIDA advises SWA that the issuance of a Licence/Taxation for using First Nations Lands without consent will be forthcoming. QVIDA also advises Canada and SWA that access to the control structures is not permitted.
April 29th, 2003- QVIDA issues a news release explaining the outcome of the April 28th, 2003 meeting of SWA’s non participation at the negotiation table.