Efforts to curb mining pollution in the transboundary Kootenai(y) River by the U.S. and Canadian federal governments begin

Recreational opportunities, clean water, and wildlife habitat health all rely on the Kootenai River. PC: IRU staff


Last week, a major next step was taken in the effort to curb mining pollution in the transboundary Kootenai(y) River by the U.S. and Canadian federal governments alongside the Ktunaxa Nation (the Confederated Salish and Kootenai Tribes, Kootenai Tribe of Idaho, and the Ktunaxa First Nations of ʔakisq̓nuk, ʔaq̓am, Yaqan Nuʔkiy, and Yaq̓it ʔa·knuqⱡi’it) in the form of an official reference to the International Joint Commission (IJC). The reference essentially kickstarts a process where the bi-national IJC will facilitate an effort to study and recommend next steps to mitigate the pollution’s impact on the watershed and its fisheries and communities. 

Pollution in the form of selenium, nitrate, and sulfate has long leached from Teck Resources’ Canadian coal mining operations in the Elk Valley into the Kootenai(y) River system, contaminating waters downstream in Montana and Idaho. Selenium is toxic at high concentrations and has been increasing in concentration for decades on the Kootenai(y), exceeding state and federal water quality standards and harming fish populations in the river. Idaho Rivers United and our conservation partners are currently challenging the Montana Board of Environmental Review in court for their attempt to invalidate a state selenium water quality standard in a process triggered by a Teck Resources petition. 

Despite years of increasing selenium concentrations, Teck Resources and the Province of British Columbia have moved forward with expanded mining operations. Mitigation technologies employed by the mine have failed to stem the upward trajectory in pollution

The IJC reference comes after more than a decade of pressure from Tribal and First Nations leaders on the U.S. and Canadian governments to act. A Ktunaxa Nation press release included this quote:

This is an important first step in addressing the serious pollution problem in the Kootenai Watershed, and I am glad to see that the U.S. and Canada are finally taking their commitments to Indigenous peoples, the environment, and the international Boundary Waters Treaty seriously,” said Gary Aitken Jr., Vice Chairman of the Kootenai Tribe of Idaho. “For decades, mining has impacted our waters, our people, and our resources. While we were seeking action, things moved far too slowly, and the federal government looked the other way. We are finally starting a process where there can be collaboration, trust, and transparency. Ktunaxa said we would not stop until there was an action plan, and we look forward to seeing that through to ensure the real work of healing the river is achieved.” 

So, what does the reference to the IJC do?

  • Establishes a Governance Body that would include representatives from the respective federal and Ktunaxa Governments, British Columbia, and Montana and Idaho – which will devise an action plan for the watershed to reduce/mitigate the impacts of pollution in the Kootenai(y) watershed. 

  • Convenes a Watershed Study Board comprised of experts and knowledge holders that would share data and knowledge, with the aim of establishing common understanding of the pollution within the Kootenai(y) watershed and the impacts this pollution has on people and species. The board would devise transparent, publicly available reports and recommendations for the governing body.

  • The Governance Body will be expected to provide regular reporting on progress towards implementing objectives to the public and the Study Board will make its reports publicly available while seeking opportunities for engagement from the public.

Additional Resources

Flathead Beacon Story

IJC Statement

Government Reference Letters and Agreed Proposal

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