History

The construction of PFRA Dams and water releases upstream and the containment of water downstream affect every First Nation in the Qu’Appelle Valley Watershed, from the Rocky Mountains to the U.S.A.

Pasqua Lake originally collected water from Eyebrow Lake, a two days journey up the Qu’Appelle Valley. Katepwa Weir was constructed in 1888. It was the first significant man-made water control structure in Saskatchewan. The Katepwa Weir raised water levels in the Qu’Appelle Lakes.

As time passed, Pasqua Lake gradually grew beyond Antipas Point and the hay lands. At this time the flooding was not sudden but eventually the wagon crossings to the north side became impassible. The hay land began to diminish. Normal summer levels were 1564 ft ASL (above sea level.) in contrast to today’s summer levels of 1571 ASL. The water would no longer recede as it used to in previous years. It stayed on the land decreasing quality and quantity of the hay land. It took a heavy toll on trees and wildlife that are adapted to live in flowing, seasonally flooding rivers. Maple sugar harvest, duck hunting and wildlife were affected.

In 1941 the Echo Lake Dam was built by the PFRA for irrigation and stock watering after the drought era of the 1930’s. Echo Lake Dam raised the water three feet. The effect of the Katepwa Weir and the Echo Lake Dam Structure was to raise the water levels 8 feet above normal on Pasqua Reserve.

In 1942 when Pasqua First Nation students returned from Residential School, they were surprised to see the land beyond Antipas Point completely flooded. The hay and the crossings were gone. The beach to the east of Antipas crossing was gone and the valley was never the same.

In 1979 the Qu’Appelle Valley Indian Development Authority (QVIDA) was formed to negotiate compensation settlements for past, present, and future damages that relate to the flooding of Indian lands.

In 1989 eight valley First Nations of Piapot, Muscowpetung, Pasqua, Standing Buffalo, Sakimay, Cowessess, Kahkewistahaw and Ochapowace tried to get their claims validated by Canada. But Indian Affairs closed the QVIDA file and rejected their flooding and damage claims.

The QVIDA First Nations saw this move by Indian and Northern Affairs as a ‘Constructive Rejection’ of their claims. In 1994 each First Nation except Piapot and Kahkewistahaw submitted their claims to the Indian Claims Commission (ICC) for Inquiry into Wrongful Flooding and Breach of Trust by Canada.

In 1998 ICC recommended that Canada accept the Pasqua claim for negotiation. The flooding of Pasqua lands and the raising of lake levels by the Echo Lake Dam was seen as an illegal trespass. They recommended that if Canada did not validate and negotiate the Pasqua Claim, then the Echo Lake Dam and Control Structure should be removed. Negotiations officially started in March of 1999. Instructions in the original letter to Qvida include only an Inquiry into the flooding caused by the Echo Lake Dam and reserves to the west of it. It has been acknowledged by Canada that there will be a future claim for the loss of use, and damage caused by flooding by the Katepwa Weir and for the loss of the land on the north side of the reserve.

Settlement Offer

The Pasqua First Nation Negotiating Team has received an Offer of Settlement proposed for compensation for past and future damages. Pasqua negotiators have to decide if they’ve reached the best possible deal before recommending the terms to the band membership. Canada’s negotiators must recommend the terms of the Settlement Offer to the Federal Government and receive a Financial Mandate in order to settle the claim. If the Offer is acceptable to band members and the Federal and Provincial ministries, Pasqua will hold a Ratification vote on the Settlement Offer and the Trust Agreement. Further information will be relayed to Pasqua members during community sessions and the Ratification process.

Water Management Agreement

The Water Management Agreement addresses water quality, lake levels and storage, fish environment and operations in the Qu’Appelle River Basin. The future involvement of the Pasqua First Nation and other Valley First Nations will be formalized through the establishment of a Water Management Board. Pasqua First Nation and Saskatchewan will develop a Summer Student Program and Capacity-Building Agreement for the present and on-going future use of Pasqua Lands being apart of water usage and conveyance. A water monitoring station will be built on the reserve that will relay daily water level reports monitor water quality, flooding, the rate of flow and other aspects of water management via satellite and through other means.

Boundary Survey

This will establish the ASL or high water mark that the Pasqua First Nation will allow, or not allow for both Canada and the Province of Saskatchewan to occupy over a portion of reserve valley lands. The Province and Canada are asking the Pasqua First Nation for flooding privileges to a certain high water mark. Presently the summer operating range would be 1571 ½ to 1572 ASL with a spring high water level of 1573. There will be a 1574 ASL buffer zone. Penalties against Canada and the Province will be assessed should the levels go above those agreed to. Excessive breaching of allowed water levels could lead to the termination of the flood agreement.

The Current Operations of the Echo Lake Control Structure

The Settlement Offer includes payment for operations of the Echo Lake Control Structure for 2007 and beyond while the Settlement is being drafted, ratified and implemented.

The Negotiators’ Agreement

The Negotiating Team asserts our ownership of the north side of the valley. However, the proposed Settlement Agreement relates to the flooding caused by the Echo Lake Dam Structure. Our claim to the north side and for flooding caused by the Katepwa Weir is being included in the Negotiator’s Agreement as part of the Settlement Agreement. The Negotiators’ Agreement is still in draft form. It ensures that First Nations are not hindered in future claims against Canada. The Negotiators Agreement must include the discussions related to the north side and Katepwa Weir. Our claim will be taken to the new Indian Claims Tribunal after this flood claim is settled.

Treaty Rights

Any Agreement shall not be construed so as to take away nor diminish any or all Aboriginal or Treaty Rights of our First Nation.

Communications:

On going communication is being developed to keep our membership up to date on the Flood Claim and Co-management Agreement. Canada and Saskatchewan will work with the Pasqua Negotiation Team for a broader system to satisfy the general public.

Further postings will be made on the Pasqua web site and in future newsletters to keep the information current on what is happening in the Pasqua Flood Claim.

Toll free number to Pasqua First Nation is 1-888-820-2202 ext.229

Update November 2008

The Pasqua Negotiation Team is working diligently toward the settlement of the long standing Pasqua Flood Claim.

The trespass and unnatural flooding of the Pasqua Valley Reserve lands began in 1888 with the construction of the Katepwa Weir and with it’s re-construction in 1906.  The Katepwa Weir began to raise the water levels in each lake and collected water westward up the valley.

In time the Pasqua Lake grew beyond Antipa Point and flooded the Pasqua hay lands.  In the early years the flooding was gradual and not readily noticeable until the crossing to what was the north side of the reserve disappeared and the hay lands began to diminish due to flood waters.  From normal summer levels of 1562 and a spring runoff levels of 1564 in the early years, Pasqua Lake and reserves up and down the Qu’Appelle River System were now affected by the flooding.  Eventually the crossing at Antipa ceased to exist.  The membership noticed that water was not receding as it had always had in previous years but stayed on the land destroying trees, wildlife habitat and the hay land, decreasing it’s quality and quantity.  This degradation has taken a heavy toll on species that are adapted to live in free-flowing, seasonally flooding rivers. 

In 1941/42 the Echo Lake Dam was built by the PFRA for water conservation, irrigation and stock watering after the drought years of the 1930’s. The Echo Lake Dam raised the water an additional three feet. The combined effect of the Katepwa Weir and the construction of the Echo Lake Dam and Control Structure was to raise the water levels about 8 feet.

In 1942 students returning from the Lebret Residential School for their summer holidays were surprised to see the lands beyond Antipa Point were completely flooded.  The hay land, the crossing was gone and the beach east of Antipa crossing was completely inundated.  The valley was changed forever.

Pasqua and Muscowpetung are not the only First Nations affected by the construction of  PFRA Dams. Piapot to the west is affected by water releases from upstream and from the containment of water downstream. The Eastern First Nations are similarly impacted.

As mentioned in previous up-dates the Qu’Appelle Indian Development Authority (QVIDA) was formed in 1979 to stop the flooding of Indian Lands and to negotiate compensation settlements for Past Present and Future damages.

By 1989 the eight Valley First Nations of Piapot, Muscowpetung, Pasqua, Standing Buffalo, Sakimay, Cowessess, Kahkewistahaw and Ochapowace were at a complete standstill in trying to get their claims looked at by Canada. Indian Affairs closed the QVIDA file and basically rejected the flooding and damage claims of all the Valley First Nations.

The QVIDA First Nations viewed this move by Indian and Northern Affairs as a ‘Constructive Rejection’ of their Claims, and in 1994 with the exclusion of Piapot and Kahkewistahaw submitted their Claims to the newly formed  Indian Claims Commission (ICC) for inquiry into the Wrongful Flooding and Breach of Trust to the six First Nations.

In 1998 ICC recommended that Canada accept the Pasqua flood claim for negotiation.  This recommendation was based on Pasqua Lands being wrongfully flooded by the artificial raising of lake levels by the Echo Lake Dam and Water Control Structure. ICC saw this as an illegal trespass on Pasqua First Nation Lands. They further recommended that if Canada does not validate and negotiate the Pasqua Claim, then the Echo Lake Dam and Control Structure should be removed.

In 1999 Canada accepted the recommendation of the ICC and validated the Pasqua First Nation Claim. 

What is mentioned but not included in the ICC finding is the flooding by the Katepwa Weir.

Canada is ignoring any negotiations related to the flooding by the Katepwa Weir and to the lands the Pasqua First Nation claims is reserve lands on the north side.  Canada is staying close to it’s so-called mandate.  Pasqua must submit these as separate claims. Canada will go forward with these claims if they are included in the negotiator’s agreement and only after they conclude negotiations with Pasqua on the flooding done by the Echo Lake Dam and Water Control Structure. The Katepwa Weir and recognition of the reserve land on the north side must be inserted or flagged as part of the Settlement Agreement because Canada’s Specific Claims Policy will not accept any further claims in this area once the Pasqua Flood Claim is settled.  The claim cannot be ‘revisited.’

Presently the Pasqua First Nation Negotiating Team is having full table negotiation sessions with Canada and the Province of Saskatchewan.

An Offer of Settlement by the Pasqua First Nation was placed on the table for Past, Present Damages, and Future Use. Canada responded with a Counter-offer causing both sides to look at a middle ground and a reasonable dollar figure to go with it plus other settlement items that still have to be negotiated into the agreement. Pasqua must satisfy it’s Membership during the Community Sessions and Ratification process. Canada negotiators must do the same for their Government.

Included in the settlement is a Co-management Agreement that will address water quality, water levels and storage, fisheries, environment and many other issues that have a relationship to the operations in the Qu’Appelle River Basin. The Agreement will eventually encompass all Valley First Nations that want to have a working relationship with the Federal and Provincial Governments. First Nations through this means or by some other must ensure that they participate and have a meaningful say in the operations and conditions within and surrounding the Qu’Appelle River Basin.

The Pasqua Negotiating Team are addressing several issues at the table some of which are;

-          Canada’s ‘Financial Mandate’ which will allow the parties involved in the negotiations to sign off on the ‘Offer of Settlement’ so that they can relay the offer back to their respective parties for ratification.

-          Operation of the Echo Lake Control Structure while awaiting the Financial Mandate.

-          Negotiators Agreement; This is still in Draft form and identifies the parties to the Agreement as being the Pasqua First Nation; Her Majesty the Queen in Right of Canada as represented by the Minister of Indian Affairs and Northern Development, and Her Majesty the Queen in Right of the Province of Saskatchewan Watershed Authority but referred to as Saskatchewan.

            The Negotiators Agreement must include and be structured in such a way that all of the constituent elements of the Settlement proposals as discussed by the parties are included.

Boundary Survey:  This will establish the ASL or high water mark that the Pasqua First Nation will allow, or not allow to both Canada and the Province of Saskatchewan to occupy water over a portion of their Reserve Valley Lands. Saskatchewan and Canada are asking the Pasqua First Nation for flooding privileges to a certain high water mark. At present the summer operating range would be 1572 ASL and during spring run off a high water mark of 1574. Penalties against Canada and the Province will be assessed should the levels be breached longer than agreed to by parties to the Agreement.

Co-management; The future involvement of the Pasqua First Nation and other Valley First Nations is a must that the damage that has occurred to date to our First Nation Lands, rivers, lakes and the Qu’Appelle River/Basin system over the last century should never happen again. Stabilization and clean up of the system must begin now. The Pasqua First Nation is discussing a Summer Student Program with Saskatchewan that will monitor various aspects of the of water quality, flooding and other aspects of water management.  A first step to have a band member on the reserve that is qualified in water management.

First Nations must also become shareholders in the resources and revenues generated within the system.

Communications:  A on-going communication system will be developed to keep the Pasqua First Nation Membership up-dated on the Flood Claim and Co-management system as progress is made to ensure their involvement. Canada and Saskatchewan will work with the Pasqua First Nation for a broader system to satisfy the general public.

The Negotiation Table between the Pasqua First Nation, Canada, and the Province of Saskatchewan have developed a Work Plan and a Working Document (Road Map Chart) that is up-dated after each meeting tracking the progress that is being made in the many areas of discussion and negotiation. The chart tells us if we are moving forward, where the road blocks are and if we are meeting the target dates to deal with the issues before the table.

The present Working Document informs the parties that major issues before the Negotiation Table will be cleared to everyone’s satisfaction by December, 2008.

Should the Table meet all proposed deadlines then the Ratification Process will begin January to March, 2009, with the Pasqua First Nation Membership.

Further postings will be made on the Pasqua web-site and in Newsletters to the Membership to keep the information flowing on what is happening in the Pasqua Flood Claim.

Toll free number to Pasqua First Nation 1-888-820-2202.