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Colonial and Indigenous Water Governance In “All of the water that is in our reserves and that is in our territory is ours”: Colonial and Indigenous water governance in unceded Indigenous territories in British Columbia by Beatrice Rose Simms B.A. & Sc., McGill University, 2011 A THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS in THE FACULTY OF GRADUATE AND POSTDOCTORAL STUDIES (Resource Management and Environmental Studies) THE UNIVERSITY OF BRITISH COLUMBIA (Vancouver) December 2014 © Beatrice Rose Simms 2014 Abstract With increasing legal recognition of Aboriginal rights and title, growing calls for collaborative water governance arrangements with First Nations, and approval of British Columbia’s new Water Sustainability Act (2014) , shifts are unfolding in water governance in BC which have some significant implications for First Nations. First Nations across British Columbia have also clearly articulated that water and water governance are priority areas of concern. Within this context, this thesis examines the historic and present roles and experiences of First Nations in colonial water governance in British Columbia, based primarily on a case study conducted with the Lower Similkameen Indian Band. In Chapter 2, I examine the historical formation of reserves and the colonial water allocation system, exploring how the demarcation of reserve boundaries and water licenses established some fundamental barriers for First Nations in water access and governance that persist today. Chapter 3 provides an overview of concerns about colonial water governance that were identified by Lower Similkameen Indian Band interviewees and others, followed by a critical discussion of how a collaborative watershed planning model could address, or further entrench, existing governance challenges. This thesis provides a timely and relevant commentary on the contested realities of First Nations’ engagement in colonial water governance in the province. Insights suggest that while there is growing recognition that First Nations have a legitimate place at the center of water governance in British Columbia, the collaborative watershed planning approach adopted in the Water Sustainability Act falls well short of adopting the necessary steps towards full Indigenous water governance or water co-governance. Existing colonial water governance challenges and failures are not likely to be addressed by a collaborative watershed planning approach. Overall, this thesis suggests that the transition to more effective and just water governance in British Columbia includes observation of Aboriginal rights and title, commitment to relationship and trust building, and capacity development for colonial and First Nations governments. ii Preface Ethics approval for this research was obtained from the UBC Behavioural Research Ethics Board, Certificate Number #H12-03691. This thesis is original, unpublished, independent work by the author. Figure 1 and Figure 2 are used with permission from applicable sources. Funding and other support was provided from: Social Science and Humanities Research Council; Water Economics Policy and Governance Network and affiliated project partners: Centre for Indigenous Environmental Resources, Environment Canada, Federation of Canadian Municipalities, and the National Network on Environment and Women’s Health. iii Table of Contents Abstract .......................................................................................................................................... ii Preface ........................................................................................................................................... iii Table of Contents………………………………………………………………………………..iv List of Tables ................................................................................................................................ vi List of Figures .............................................................................................................................. vii List of Abbreviations ................................................................................................................. viii Acknowledgements ...................................................................................................................... ix Chapter 1: Introduction ............................................................................................................... 1 1.1: Overview & research questions ........................................................................................ 1 1.2: Reflections on colonial framings of water governance ................................................... 3 1.3: Research approach and methods ..................................................................................... 5 1.3.1 Guiding framework .................................................................................................... 5 1.3.2 Methods & analysis.................................................................................................... 7 1.3.3 Syilx peoples & the Similkameen watershed........................................................... 12 1.4: Water governance and First Nations in BC: why does it matter? .............................. 14 1.4.1 Water: “the basis of everything” .............................................................................. 14 1.4.2 Existing failures of governance ............................................................................... 17 1.4.3 Shifting colonial water governance terrain .............................................................. 20 1.4.3.1 Historical exclusion to legal recognition of Aboriginal rights and title.......... 23 1.4.3.2 Collaborative watershed planning with Indigenous peoples .......................... 29 1.5: Thesis overview ................................................................................................................ 30 1.6: Establishing terminology ................................................................................................ 32 Chapter 2: First in Time, First in Right? ................................................................................. 38 2.1: Introduction ..................................................................................................................... 38 2.2: Indigenous water governance in BC pre-colonization ................................................. 40 2.3: Reserves, water licensing and impacts on Indigenous water governance and access 42 2.3.1 Overview of FITFIR water allocation applied to reserves in BC ............................ 42 iv 2.3.2 First in time, last in right: outcomes of the dispute.................................................. 47 2.3.3 Impacts of FITFIR water allocation on water access and Indigenous livelihoods .. 51 2.4: Setting the course for colonial water governance through borders around land and water ......................................................................................................................................... 54 2.5: A lasting legacy: the murky waters of reserve water allocation today ....................... 59 2.6: Conclusion ........................................................................................................................ 67 Chapter 3: Moving Forward with Collaborative Watershed Planning in British Columbia: Potential Opportunities and Tensions ....................................................................................... 70 3.1: Introduction ..................................................................................................................... 70 3.1.1 Chapter overview ..................................................................................................... 70 3.1.2 Watersheds and collaborative planning in BC: an overview ................................... 71 3.1.2.1 Watersheds ...................................................................................................... 71 3.1.2.2 Collaborative planning versus co-governance ................................................ 75 3.2: Reviewing the barriers in colonial water governance in BC ....................................... 79 3.2.1 Jurisdiction in BC colonial water governance: a “classic enduring battle” ............. 79 3.2.2 Decontextualized policies and fragmented authority ............................................... 82 3.2.3 Capacity and funding ............................................................................................... 84 3.2.4 Trust ......................................................................................................................... 87 3.3: Moving forward with collaborative watershed planning in BC .................................. 88 3.3.1 Rethinking boundaries between environments: drawing new borders, responding to context? ............................................................................................................................. 89 3.3.2 Rethinking boundaries between people and institutions: jurisdiction & relationships in collaborative watershed planning ................................................................................. 94 3.3.3 “Always having to fit into someone else’s worldview”: collaborative watershed planning, capacity, and ongoing colonial control ........................................................... 100 3.4: Conclusion ...................................................................................................................... 107 Chapter 4: Conclusion
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