This important treaty on the Columbia River between the US and Canada was signed in 1964 and has an important deadline coming up in 2024. So glad that Charles V. Stern has written this CRS Report (updated 15 December 2022): 'Columbia River Treaty Review'.
The text pasted below goes through page 5 then picks up again on page 12. The footnotes are omitted For such a short report I usually fo not paste so much material. Carried away, I suppose.
Click on the graphics to enlarge them.
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Summary
The Columbia River Treaty (CRT or Treaty) is an international agreement between the United States and Canada for the cooperative development and operation of the water resources of the Columbia River Basin to provide for flood control and electric power. The Treaty was the result of more than 20 years of negotiations between the two countries and was ratified in 1961. Implementation began in 1964.
The Treaty provided for the construction and operation of three dams in Canada and one dam in the United States whose reservoir extends into Canada. Together, these dams more than doubled the amount of reservoir storage available in the basin and provided significant flood protection benefits. In exchange for these benefits, the United States agreed to provide Canada with lump- sum cash payments and a portion of downstream hydropower benefits that are attributable to Canadian operations under the CRT, known as the Canadian Entitlement. Some have estimated the Canadian Entitlement to be worth as much as $335 million annually.
The CRT has no specific end date. Currently, either the United States or Canada can terminate most provisions of the CRT with a minimum of 10 years’ written notice. If the CRT is not terminated or modified, most of its provisions would continue indefinitely without actions by the United States or Canada. The only exception is the CRT’s flood control provisions, which are scheduled to transition automatically to “called-upon” operations at that time, meaning the United States would request and compensate Canada for flood control operations as necessary.
To date, neither country has given notice of termination, but, following internal government Treaty reviews, both countries indicated interest in its modification. Perspectives on the CRT vary. Some believe the Treaty should include stronger provisions related to tribal resources and flows for fisheries that are not in the Treaty; others disagree and focus on the perceived need to adjust the Canadian Entitlement to reflect actual hydropower benefits. The U.S. Army Corps of Engineers (Corps) and the Bonneville Power Administration, in their joint role as the U.S. Entity overseeing the Treaty, undertook a review of the CRT from 2009 to 2013. Based on studies and stakeholder input, they provided a Regional Recommendation to the State Department in December 2013. They recommended continuing the Treaty with certain modifications, including rebalancing the CRT’s hydropower provisions, further delineating called-upon flood control operations after 2024, and incorporating into the Treaty flows to benefit Columbia River fisheries. For its part, the Canadian Entity (the Province of British Columbia) released in March 2013 a recommendation to continue the CRT with modifications “within the Treaty framework.” It disputed several assumptions in the U.S. Entity’s review process.
Following a two-year federal interagency review of the U.S. Regional Recommendation, the U.S. State Department finalized its negotiating parameters and authorized talks with Canada in October 2016. Between 2018 and 2022, U.S. and Canadian negotiating teams held 14 rounds of negotiations. As of the date of this report, these negotiations remain ongoing.
Past Congresses have held oversight hearings and weighed in on CRT-related activities through their oversight roles, and the 117th Congress is considering providing the Corps new authority for post-2024 called-upon flood control operations. If the executive branch comes to an agreement with Canadian officials regarding modification of the CRT, any changes to the CRT’s text would require the Senate’s advice and consent. If notice of Treaty termination is given, it is unclear whether such a notice would be reversible within the 10-year window and how Congress might inform such a decision.
Introduction
The Columbia River Treaty (CRT, or Treaty), signed in 1961, is an international agreement between the United States and Canada for the cooperative development and operation of the water resources of the Columbia River Basin for the benefit of flood control and electric power. Precipitated by several flooding events in the basin (including a major flood in the Northwest in 1948), the CRT was the result of more than 20 years of negotiations seeking a joint resolution to address flooding and plan for development of the basin’s water resources. The Treaty provided for 15.5 million acre-feet (MaF) of additional water storage in Canada through the construction of four dams (three in Canada, one in the United States). This storage, along with agreed-upon operating plans, provides flood control, hydropower, and other downstream benefits. In exchange for these benefits, the United States agreed to provide Canada with lump-sum cash payments and a portion of hydropower benefits.Implementation of the CRT began in 1964. The Treaty has no specific end date. Currently, either the United States or Canada can terminate most provisions of the CRT with a minimum of 10 years’ written notice. The U.S. Army Corps of Engineers (Corps) and the Bonneville Power Administration (BPA), in their designated role as the U.S. Entity, undertook a review of the Treaty beginning in 2011. Based on studies and additional stakeholder input, the U.S. Entity made its recommendation to the U.S. Department of State in December 2013. If the Treaty is not terminated or modified, most of its current provisions would continue indefinitely without action by the U.S. or Canadian Entities, with the notable exception of flood control operations, which are scheduled to end in 2024 and transition to “called-upon” operations
Perspectives on the CRT and its review vary. Some believe that the Treaty should continue but be altered to include, for example, guarantees related to tribal resources and fisheries flows that were not included in the original Treaty. Others believe that the Canadian Entitlement should be reduced to more equitably share actual hydropower benefits, or be eliminated entirely. For its part, Canada has stated that without the Canadian Entitlement (or with alterations that would decrease its share of these revenues), it would see no reason for the Treaty to continue. The final Regional Recommendation to the State Department, coordinated by the U.S. Entity, was to continue the Treaty post-2024, but with modifications. The State Department has since finalized its proposed negotiating parameters, although they are not available to the public. The Canadian recommendation, finalized in March 2013, also favored continuing the treaty, but with modifications “within the Treaty framework,” some of which were considerably different than those recommended by the United States.
The executive branch, through the State Department, is responsible for negotiations related to the CRT. However, the Senate, through its constitutional role to provide advice and consent, is entrusted with the power to approve, by a two-thirds vote, treaties negotiated by the executive branch. Changes to the CRT may or may not trigger such a vote; in any case, the Senate may choose to review any changes to the CRT including termination notice. In addition, both houses of Congress may choose to weigh in on ongoing Treaty review and negotiation activities by the U.S. Entity, as well as having to enact any authorizations or appropriations that may be necessary for federal agencies pursuant to the Treaty’s framework (e.g., guidance called-upon flood control operations).
This report provides a brief overview of the Columbia River Treaty review. It includes background on the history of the basin and consideration of the treaty, as well as a brief summary of studies and analyses of the Columbia River Treaty review process to date.
History and Backgroundzz
The Columbia River is the predominant river in the Pacific Northwest and is one of the largest in the United States in terms of water volume flowing to the ocean. The Columbia River Basin receives water that drains from approximately 259,500 square miles in the region, including parts of British Columbia in Canada, and four U.S. states: Montana, Idaho, Oregon, and Washington. The basin is unique among large river basins in the United States because of its high annual runoff, limited amount of storage (in the U.S. portion of the basin), and extreme variation in flow levels. The basin has the second-largest runoff in the United States in terms of average flows (275,000 cubic feet per second). Approximately 60% of this runoff occurs in May, June, and July. While about 15% of the river basin’s surface area is in Canada, the Canadian portion of the basin accounts for a considerably larger share of the basin’s average annual runoff volume.
The Columbia River is the largest hydropower-producing river system in the United States. Federal development of the river’s hydropower capacity dates to 1932, when the federal government initiated construction of dams of the Columbia River and its tributaries. In total, 31 federal dams within the Columbia River Basin are owned and operated by the U.S. Army Corps of Engineers (Corps) and the U.S. Bureau of Reclamation (part of the Department of the Interior). Additional dams are owned by nonfederal entities. The BPA, part of the Department of Energy, markets power from federal dams on the Columbia River and its tributaries (collectively known as the Federal Columbia River Power System, FCRPS). Other than the largest of these facilities, Grand Coulee (which has some storage capacity), most of these facilities on the main stem of the river in the United States have limited reservoir storage and are managed as “run of the river” for hydropower, flood control and navigation. Figure 1, below, provides an overview of the basin, including dam ownership. Figure 2 shows the relative storage capacity of the dams.
The basin is also important habitat for a number of fish species. Economically important species in the region include steelhead trout; chinook, coho, chum, and sockeye salmon; and other species. These fish are important to commercial and sport anglers as well as Native American tribes in the region. The basin also provides habitat for several threatened and endangered species listed under the Endangered Species Act (ESA, 16 U.S.C. §§1531-1543); requirements under this law are an important factor in the operation of the FCRPS.
Other major uses of the basin’s waters include navigation, irrigation, recreation, and water supply. Four federal dams on the river’s mainstem have navigation locks that allow for barge traffic to transport bulk commodities that are important to regional and national economies. Due to this infrastructure, the Columbia River is navigable up to 465 miles upstream from the Pacific Ocean. Six percent of the basin’s water is diverted for irrigated agriculture, and is particularly important in eastern Washington, northeastern Oregon, and southern Idaho. Basin waters are also diverted for other water supply purposes, and the rivers and reservoirs of the basin are important for recreational users. All of these users have an interest in management of basin water supplies.
The negotiation and ratification of the CRT were precipitated by several events in the basin. Most notably, a major flood event in the Northwest in 1948, the Vanport flood, caused significant damage throughout the basin and served as the impetus for negotiations between the United States and Canada, including studies by the International Joint Commission (IJC).Initially, following the flood, the United States had proposed in 1951 to build Libby Dam in Montana (which would flood 42 miles into Canada). Canada was opposed to this solution, and as a response proposed to divert as much as 15.5 Maf from the Columbia River for its own purposes. Based on a number of technical studies, the IJC recommended a compromise, which included development of upriver storage in Canada to help regulate flows on the Columbia River, including those for flood control and hydropower generation.
The CRT was signed in 1961 but was not fully ratified by both countries (and therefore did not go into effect) until 1964. Implementation of the Treaty occurs through the U.S. Entity and the Canadian Entity.The Treaty provided for the construction of 15.5 Maf of additional storage in Canada through the construction of three dams: Duncan (completed in 1968), Hugh Keenleyside, or Arrow (completed in 1969), and Mica (completed in 1973). Construction of Libby Dam in Montana, whose reservoir backs 42 miles into Canada, was completed in 1973. Together, the four dams more than doubled the amount of reservoir storage available in the basin before construction began, providing for significant new flood protection and power benefits throughout the basin (see Figure 2). The CRT also required that the United States and Canada prepare an “Assured Operating Plan” (to meet flood control and power objectives) for the operation of Canadian storage six years in advance of each operating year. Along with “Detailed Operating Plans,” which may also be developed to produce more advantageous results for both U.S. and Canadian operating entities, these plans govern project operations under the Treaty.
Under the CRT, the United States gained operational benefits in the form of flexible storage and reliable operations in Canada that provide for flood control and hydropower generation. In exchange, Canada (through the Canadian Entity) receives lump-sum payments from the United States for flood control benefits through 2024, as well as a portion of annual hydropower benefits from the operation of Canadian Treaty storage. In exchange for the assured use of 8.45 Maf annually of Canadian storage, the United States paid $64.4 million to Canada for flood control benefits as the three Canadian dams became operational. Under the CRT, Canada is also entitled to half of the estimated increase in downstream hydropower generated at U.S. dams.Canada initially sold this electricity (known as the Canadian Entitlement) to a consortium of U.S. utilities for $254 million over a 30-year term (1973-2003).Currently, the United States delivers the Canadian Entitlement directly to Canada through BPA’s Northern Intertie. The U.S. Entity has estimated the value of the Canadian Entitlement at a range of $229 million to $335 million annually, depending on a number of factors.
Several notable changes to Columbia River operations since ratification of the CRT factor into current negotiations. Most notably, declining populations of salmon and steelhead in the Columbia and Snake Rivers led to listings under the Endangered Species Act (ESA, 16 U.S.C. §§1531-1543) beginning in 1991. These listings have resulted in steps to improve salmon and steelhead habitat in the United States, including operational changes (e.g., augmented spring and summer flows) and mitigation actions (e.g., construction of fish passage facilities).For more information on these listings and related federal actions, see CRS Report R40169, Endangered Species Act Litigation Regarding Columbia Basin Salmon and Steelhead, by Stephen P. Mulligan and Harold F. Upton.
Cutting to the chase (page 12):
The Role of Congress in Treaty Review
The President, through the National Security Council, determines the negotiating position on the CRT, and the State Department is responsible for conducting negotiations related to the Treaty. However, Congress is also involved in this process. The Constitution entrusts the Senate with the power to approve, by a two-thirds vote, treaties negotiated by the executive branch. The Senate does not ratify treaties; instead it takes up a resolution of ratification, by which the Senate may formally provide its advice and consent on the ratification process. The Senate is not required to provide an up or down vote on a resolution of ratification, nor are treaties required to be resubmitted after each Congress.The Senate would take up a new resolution of ratification for the CRT only if the United States and Canada agreed to Treaty modifications and the executive branch submitted the modification to the Senate for review. If the United States and Canada continued the Treaty without modification or if either entity provided a notice of termination, there would be no apparent advice and consent role for the Senate.In case of a termination by either country, the Treaty does not address whether such a notice could be reversed (i.e., by a different Administration) prior to the termination date.
In the past, the House and Senate both have weighed in on Treaty review with oversight hearings.Some Members of Congress also have weighed in on Treaty discussions through other avenues, including letters to the Obama and Trump Administrations expressing concern over the slow pace of negotiations.On June 29, 2021, a bicameral group of Pacific Northwest lawmakers wrote to President Biden urging prompt negotiation of a modernized CRT, noting among other things the need for a strategy and funding requests for called-upon flood control operations beginning in 2024 (i.e., as early as FY2023).
Congress also has considered resolutions and authorizing provisions related to the CRT. In the 117th Congress, the December 6, 2022, Rules Committee print of H.R. 7776 included provisions in Section 8309 related to future called-upon flood control operations in the basin. The bill would formally authorize the Secretary of the Army to expend funds for called-upon flood control operations only when such funds are appropriated by Congress for these purposes. It also would require reporting on the expenditure of these funds and would authorize the Corps to study options for U.S.-based flood control with the potential to reduce the need for Canadian calls. Previously, in the 116th Congress, a resolution (H.Con.Res. 126) would have called for the Secretary of State to issue a notice of termination based on the inequity of the Treaty’s commercial power provisions.
Enjoy!
"God Bless America, but God help Canada to put up with them! “ - Canadian proverb
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