Water Apportionment in the Poplar River Basin

Water Apportionment in the Poplar River Basin INTERNATIONAL JOINT COMMISSION Water Apportionmentin the Poplar RiverBasin I NTERNAT IONAL JO I MT CO!W I SS I OM CANADAAND UNITED STATES COM4ISSIONERS MAXWELL COHEN, chairman HENRY P. SMITH 111, Chairman BERNARD BEAUPRE CHARLES R. ROSS KEITH A. HENRY VICTOR L. SMITH SECRETARIES DAVID G. CHANCE WILLIAM A. BULLLSIF.D 0 t tawa Washington REGINA e Ymwp. SASKATCHEWAN .l,,,"ldr INTERWATIONAL POPLAR RIVER BASIN TABLE OF CONTENTS Cha? t er Page SLWIPIRY 1 I INTRODUCTION 3 Events Leading to the Inquiry 5 Scope of the Inquiry 7 11 THE POPLARRIVER BASIN 10 111 THE BOARD'S INVESTIGATION 13 Existing and Historic Uses 14 Natural Flows 18 Probable Future Use 19 Flow Apportionment 22 IV PUBLIC HEARINGS 26 Public InformationMeetings 27 Public Hearings 27 Supplementary Briefs 38 Special Meeting 44 V CONSIDERATIONS AND CONCLUSIONS 51 Water Requirements ofExisting Works and Projects 52 Future Uses 56 Apportionment of the Waters of the Poplar River Crossingthe International Boundary 57 Effects of the Apportionment 61 International Practice 67 Prior Notice and Consultation 69 Public Concerns 73 Administration of the Apportionment 75 TABLE OF CONTENTS (cont'd) Plans of Mutual A-dvantage 77 Operation of Future Reservoirs 78 VI RECOMXENDATIONS 81 Appendices A Text83 of Reference B Membership of the International Souris-Red Rivers EngineeringBoard andthe Poplar River Task Force 85 Pa rticipati ng AgenciesParticipating 87 Persons Presenting Briefs or Testimony 88 Le tters from Governments fromLetters 90 Letter from the Government of the United States Concerning IndianWater Rights 94 G Calculated and NaturalFlows of the Poplar River at Selected Points 96 H Correspondence 3egarding Prior Notice and Consultation 105 List of Tables Table la Levels of 1975 ConsumptiveUse of Surface Wate in the Poplar River Bas in in DAJT'i 16 lb Levels of 1975 Consumptive Use of Surface Water in the poplar River Basin in Acre-feet in Basin 17 2a Possible Future Water Requirements in the PoplarRiver Basin in DAM3 20 2b Possible Future Water Requirements in the Poplar River Basin in Acre-feet 21 TABLE OF COKTENTS (cont'd) 3a AnnualFlows of PoplarRiver Crossing theInternational Boundary that would haveoccurred under the Apportionment assuming full Canadian Use ofApportioned Naterincluding a 600 Kid Plant in cubic decametres cubic in 62 3b Annual Flows of Foplar River Crossing theInternational Boundary that would haveoccurred under the Apportionment assuming full Canadian Use of Apportioned Waterincluding a 600 MW Plant in acre-feet in 63 4 PoplarRiver Flows that WouId Occur Based on HistoricalRecord 65 This report of the International Joint Commission concerning apportionment of the transboundary flows of the Poplar F.iver has been prepared under a long standing reference from the Governments of the United States and Canada, dated January 12, 1948. It briefly describes the physical setting of the Poplar River Basin, the events leading up to the study, and the scope of the inquiry. The report also describes the technical in- vestigations carried out for the Commission by its International Souris-Red Rivers Engineering Board and summarizes the testimony given at the public hearings held by the Commission in May 1976 as well as other submissions, both oral and in writing. Finally, the report sets forth the Commission's conclusions and recommen- dations to the Governments of the United States and Canada concerning the equitable apportionment of the waters of the Poplar River arising in Saskatchewan and crossing the International Boundary. The Commission found that while the existing uses of the Poplar River waters are not great, potential future uses are substantial. Indeed, identified potential future uses far exceed the natural water supply in most years. The Com- mission therefore believes that an apportionment of the transboundary waters of the Poplar River at this time is in the interest of both the United States andCanada. 1 2 Based upon the report of its International Souris-Red Rivers Engineering Board and stat:ements received from the public, the Commission has concluded that: the apnortionnent recommended by the Board - an equal division of the flows of the Poplar River rising in Saskatchewan and crossing the International Boundary with some flexibility amon)= the tributaries - constitutes the most equitable and practicable apportionment Possible at this time. The Commission has recommended that the Governments of the United States and Canada enter into a formal agreementincor- porating this apportionment and provide specifically for measures that will assure the implementation of the said apportionment, in order to achieve the closest possible approximation for each country of the shares agreed upon. CHAPTER I INTRODUCT ION The Poplar River Basin is in the semi-arid region of southern Saskatchewan and northeastern Montana within the area covered by the Reference to the International Joint Commission of January 12, 1948. It is an area where water is life. Problems related to inadequate water sup- plies have existed since the area was first settled in the 1880's. The region has been subjected to severe droughts lasting a decade. Development which depends on water resources is definitely limited because there is not enough water to satisfy all foreseeable requirements. The water resources of the Poplar River Basin are scarce. The average annual natural flow at the International 3 Boundary is approximately 42,000 cubic decametres (dam ) or 34,000 acre-feet, and at the mouth of the Poplar River it is about three times that amount. Throughout the Basin, the peak spring flows, lasting from 10 days to 3 weeks, amount to about three quarters of the total annual discharge. They are caused by snowmelt, or snowmelt augmented by rain- fall, and often occur under i.ce conditions. They rapidly decrease to small summer flows and insignificant fall and winter flows. Severe hardships were experienced during the 1930's, an extended period of extreme water shortages. 3 4 Only the spring runoff water of the Poplar River is acceptable for agricultural purposes. At other times of the year, under natural conditions the ambient temperature and dissolved oxygen approach criticallimits for aquatic life and total dissolved solids may make the water unusable for agricultural purposes. In semi-arid regions, it is common practice to build reservoirs to conserve the spring runoff for later use. In the Poplar RiverBasin there are four such major storage facilities, all located in the Province of Saskatchewan, including the recently-completed Saskatchewan PowerCorporation reservoir near Coronachnow known as Cookson Reservoir. There are no reservoirs in Montana. In 1936, this Commission approved an application by the State of Montana to build a dam to create a reservoir on the East Branch of the Poplar River. However, the project was never constructed. All the water in the Poplar River Basin crossing the International Boundary originates in Saskatchewan. Pur- suant to the Reference the Commission is to recommend an apportionment between Canada and the United States only of those waters of the Poplar River Basin originating in Saskatchewan, which intheir natural channels would cross the International Boundary. Events Leading to the Inquiry On March 24, 1972, the Saskatchewan Power Corporation (SPC), a crown corporation owned by the citizens of Saskatchewan, made a formal application to the Saskatchewan Governmentfor water rights on the Poplar River. The Government of Saskatchewan on July 4, 1972, by Order-in-Council (1053/72), reserved for the 3 SPC 7400 dam (6000 acre-feet) annually in the East Fork of the Poplar giver for a period of five years. On September 4, 1974, after investigation of all aspects of power development in the region, the SPC publicly proposed the establishment of a thermal electric generating station complex including a reservoir on the East Poplar River and a new lignite coal mine, at Coronach,Saskatchewan and near the Inter- national Boundary. On September 15, Environment Canada advised the Commission's International Souris-Red RiversEngineering Board of the project. This Board was established on April7, 1948 by the Commission to advise it on all matters it must consider under the Reference of January 12, 1945. Later in September the Board provided the Commissionwith a copy of the SPC report outlining theproposed project and related environmental studies, which wasalso made available to the general public and Montana officials by the SPC. The Government of Saskatchewan establisheda Board of Inquiry on September 11, 1974, to receive public comments on the proposal. Public hearings were held in Saskatchewan in early November 1974. An information meeting washeld in Regina on December 30, 1974, with officials from Montana, G Saskatchewan, and the SPC. The Board of Inquiry's report, dated January 1975, favored construction of the project, subject to certain environmental studies and mitigation measures. On January 23, 1975, the Governor of the State of Montana wrote to theUnited States Department of State expressing concern about thepossible effects of the proposed Poplar River power station onwater and air quality in the State of Montana. The United States Department of State delivered a note to the Canadian Embassy in Washington on February 10, 1975, regarding these concerns about the proposed project. The Saskatchewan Power Corporation, on February 21, 1975, was issued an Authorization to Construct Works under the Saskatchewan

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