Evolution in Transboundary Watershed Governance: Lessons from the Mackenzie Basin Wednesday, September 16 th 2015 9 a.m. to 10:30 a.m. PT POLIS Water Sustainability Project Creating a Blue Dialogue Webinar Series 2015/2016
Thank You to Our Partners & Supporters Series Partners & Funders POLIS Water Sustainability Project Creating a Blue Dialogue Webinar Series 2015/2016
A Few Things Before We Begin 1. Audio 2. Question Period 3. Introductions POLIS Water Sustainability Project Creating a Blue Dialogue Webinar Series 2015/2016
Today’s Speakers Honorable J. Michael Miltenberger Minister, Environment and Natural Resources, Government of Northwest Territories Merrell-Ann Phare Chief Negotiator, NWT-Alberta Bilateral Water Management Agreement; Executive Director, Centre for Indigenous Environmental Resources POLIS Water Sustainability Project Creating a Blue Dialogue Webinar Series 2015/2016
Woven Stories Sharing the Process and Outcomes of the NWT-AB Transboundary Water Agreement Negotiations The Honourable J. Michael Miltenberger Merrell-Ann S. Phare September 16 2015
Five Woven Stories The Agreement The Existence of Complexity The Types and Role of Time The Negotiation Process Why this Should Matter to Canada
The Agreement
Mackenzie River Basin 20% land mass of Canada • 1.8 million km2 • 10 th largest basin in world • 3 deltas: Slave, Peace-Athabasca, and Mackenzie • 11% of the freshwater that flows into Arctic ocean, massive effect on circulation • Critical to Arctic ecosystem • 80% NWT waters flow from Alberta •
STORY 1: the agreement
The fun stuff: aquatic ecosystem
The fun stuff: aquatic ecosystem
The fun stuff: water quality Maintain natural variability Baseline is current Set objectives (standards) if move outside variability There are triggers before that point Eliminating ‘ nasties ’ to below level of detection
The fun stuff: water quantity Ecosystem needs first 90%, split remaining 10% Slave = 1.9% AAF Interbasin transfer By Special Act of Legislature only
The fun stuff: cooperation Cooperative Risk Informed Management (RIM) approach Traditional Knowledge and Aboriginal involvement Prior notification, information sharing, consultation
The fun stuff: not seeing eye to eye Political conflict resolution • Failure to meet key terms: possible mitigation, conciliatory measures •
STORY 2: complexity
Alberta and Northwest Territories At first blush, it seems like a bit of a big guy-little guy scenario…
Compare the Numbers Size Population NWT size: 1,140,835 km² AB size: 661,848 km² NWT Population: 43,000 AB Population: 4.1 million
Compare the Numbers Northwest Territories Alberta GDP $4.4 billion GDP $338 billion GDP per capita $100,731 GDP per capita $84,390 Av total income (2010) Av total income (2010) $53,632 $53,408
The 60 th Parallel: a great divide? Political system differences Prior cooperative engagement Independence of jurisdictions Approach to scale and pace of development
Devolution April 1, 2014
Indigenous Rights 3 Aboriginal Governments in NWT assert rights along the transboundary region Dehcho, Métis, Akaitcho All other Aboriginal Governments have a right to be involved in negotiations in addition to be consulted under s.35 Aboriginal governments in AB assert into the NWT LCAs: “substantially unaltered as to quality, quantity, and rate of flow….”
Upstream – Downstream
Water energy nexus The underlying (generally unspoken) issue is the use of water to make energy in BC and Alberta
But, despite all this, we were optimistic, determined not to fail…
and, we were on a mission. Pretty sure it’s….
STORY 3: Time
POLICY POLITICAL BUREAUCRATIC TIME Time keeps on ticking…. and each clock moves at a very different speed….
The Timeline 1992-2007 1992: Rio Summit 2006-2008: Numerous Aboriginal water gatherings in NWT 1997: Mackenzie River Basin Feb 2007: Transboundary NT-AB MOU Waters Master signed Agreement signed 2000: NT-YT Transboundary Agreement signed 29
The Timeline Backstory: 2007 “I was thinking of taking a sabbatical anyway….”
The Timeline Backstory 2007 March 2007: Members of the 15th Legislative Assembly pass a motion for the basic human right to water. 31
The Timeline Backstory: 2007 Reading can be dangerous to one’s ability to accept the status quo.
Mulling ensued.
It was time to get our thinking clear… 34
…which we did. 2008: NWT Water Strategy development begins 2010: NWT 2011: Action Water Strategy Plan released released 35
…which we did. The vision of the WSS is that waters of the Northwest Territories remains clean, abundant, and productive for all time. Goals: Waters that flow into, within or through the • NWT are substantially unaltered in quality, quantity and rates of flow. Residents have access to safe, clean and • plentiful drinking water at all times. Aquatic ecosystems are healthy. • Everyone making water stewardship decisions • works together to communicate and share information. 36
The Timeline Backstory: 2010 How I met Merrell- Ann….
STORY 4: the negotiations NWT-Yukon Border Watersheds NWT-Yukon Border Watersheds NWT-SK Border Watersheds NWT-Alberta Border Watersheds NWT-BC Border Watersheds
Negotiations Timeline March 18 Sept 2011: Jan 2014- Sept 2011- 2015 NWT Sept 2015: Feb 2012: Dec 2014: negotiation NWT- AB Negotiations team Cabinet Negotiations Signing with BC established Direction with AB Ceremony 2010/2011: NWT Water Strategy and Action Plan released Transboundary NWT
The Team: Build the Best Team
These folks all talk Per son to each other in nice, neat, predictable ways… Anot her per son A Anot her The l ast dif f er ent dif f er ent per son per son per son
Or maybe not…
Many moving parts…..
External Internal Aboriginal Steering Negotiations Committee Scientific Expert Advisors Engineering NGOs Funders Aboriginal Liaison The Facilitator Political Strategic The Team: Build the Best Team
The Best Team External Internal Merrell-Ann Phare, Chief Aboriginal Steering Committee Negotiator Rep’s of most Aboriginal Dr. Erin Kelly, Lead Governments in NWT Negotiator Shannon Cumming, Expert Advisors: Aboriginal Affairs Liaison Dr. Nigel Bankes Ralph Pentland, Negotiations Advisor Dr. Jim Bruce Meghan Beveridge, Dr. Rob DeLoe Negotiations Coordinator Emory Paquin Andrea Czarnecki, Water Quality Specialist Dr. Bob Sandford Derek Faria, Water Dr. David Schindler Quantity Specialist Annie Levasseur, Technical Others Coordinator NGOs Funders Internal Political Strategic Minister, Premier, Cabinet, RBC Blue Water Fund Principal Secretary Gordon Foundation Facilitator Lee Failing (Compass)
Behkà: Point of the Spear
Negotiation Streams Simultaneous process Multilateral process Federal involvement Aboriginal section 35 consultation
Under MRB Master Agreement: NWT: 4 agreements 5 if include NU Alberta: 3 agreements BC: 3 agreements Yukon: 2 agreements SK: 2 agreements Multilateral and Simultaneous
Simultaneous
Multilateral and Simultaneous
Territorial Role / Federal Role
Consent vs. Section 35 Consultation Building support Finding agreement Achieving consent
The negotiating approach Table the first documents Drive every agenda Be willing to spend a lot of money Be (more) prepared Agreement: what both Options : parties Be (more) nimble how we commit to do to protect protect what Interests : we care what we Use all levers what we care care about about about Principles : why we care about things
STORY 5: Why should this agreement matter to the rest of Canada? http://omiusajpic.org/2010/11/17/canada-endorses-indigenous/
Basin Level Nested Governance Mackenzie River Basin
MRB Master Agreement Mackenzie River Basin Board Devolution Agreement MRB TB Bilateral Intergovernmental Bilateral Mgmt Committee Council Mackenzie River Basin GNWT Water Strategy Aboriginal Steering Committee
Water Energy Nexus
Embrace Complexity Science without policy. Policy without law. Law without relationships. Relationships without time. Time without goals. Goals without foundations.
Reconciliation • Equity Ecosystem and • humans Big guy and little guy • Upstream downstream • Aboriginal and non- • Aboriginal Present and future • • Social contract This process creates a • social contract Business, government, • Aboriginal, public
Thank you for listening.
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