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Title: Columbia River Treaty 2014/2024 Review • Phase 1 Report

Program Document ·
OSTI ID:1132833

Under the Columbia River Treaty (Treaty or CRT) of 1964, Canada and the United States (U.S.) jointly regulate and manage the Columbia River as it flows from British Columbia into the U.S. The Treaty has provided substantial flood control and power generation benefits to both nations. The Treaty established Canadian and U.S. Entities as implementing agents for each government. British Columbia Hydro and Power Authority (BC Hydro) was designated as the Canadian Entity. The Bonneville Power Administration (BPA) Administrator and the U.S. Army Corps of Engineers (Corps) Division Engineer, Northwestern Division, were designated as the U.S. Entity. The Canadian and U.S. Entities are empowered by their respective governments with broad discretion to implement the existing Columbia River Treaty. They are not, however, authorized to terminate, renegotiate, or otherwise modify the Treaty. In the U.S., authority over international treaties rests with the President, assisted in foreign relations and international negotiations by the Department of State and subject in certain cases to the advice and consent of the U.S. Senate. In Canada, international treaties are within the prerogative of the executive branch of the federal government. Under current policy, treaties are tabled in the House of Commons, and are subject to a waiting period before the executive branch brings the treaty into effect. In the case of the Columbia River Treaty, Canada has assigned certain rights and obligations relating to the Treaty to British Columbia pursuant to the Canada-B.C. Agreement. The Phase 1 report is provided to those respective governmental bodies to support possible independent and/or joint decisions that may be made with respect to the future of the Treaty. The Treaty contains two important provisions that take effect on and after September 16, 2024, that could impact the current power and flood control benefits: 1. Canadian flood control obligations automatically change from a pre-determined annual operation to a “Called Upon” operation. 2. The year 2024 is the earliest date that either Canada or the U.S. can terminate most of the provisions of the Treaty, with a minimum 10-years advance written notice. Hence, September 16, 2014, is the latest date that either nation could provide notice of intent to terminate and still have the termination effective at its earliest possible date in 2024. While termination would end most Treaty obligations, Called Upon flood control and Libby coordination provisions will continue regardless of termination. However, it is important to note that the Treaty has no end date and absent either country using the termination option will continue indefinitely.

Research Organization:
Bonneville Power Administration
Sponsoring Organization:
USDOE Bonneville Power Administration (BPA)
OSTI ID:
1132833
Report Number(s):
DOE/BP-CRT-2014/2024
Country of Publication:
United States
Language:
English

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