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.
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"God Bless America, but God help Canada to put up with them! “ - Canadian proverb
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