Bi-national Management of Lake of the Woods and Rainy River Watershed Final Report to the International Joint Commission on Bi-national Management of Lake of the Woods and Rainy River Watershed International Lake of the Woods and Rainy River Watershed Task Force July 15, 2011 Cover Photograph Courtesy of Lee Grim Table of Contents Executive Summary ...................................................................................................................................... ii Introduction ................................................................................................................................................. 1 Task Force Approach ................................................................................................................................... 4 The Watershed ............................................................................................................................................ 8 Historical Context and Frameworks ........................................................................................................... 17 Accomplishments ...................................................................................................................................... 28 Issues in the Watershed ............................................................................................................................ 38 Observations .............................................................................................................................................. 46 Summary and Recommendations .............................................................................................................. 62 Bibliography ............................................................................................................................................... 78 Appendix A: Letters of Government to the IJC ........................................................................................ A-1 Appendix B: Directive to the International Lake of the Woods and Rainy River Watershed Task Force . B-1 Appendix C: International Lake of the Woods and Rainy River Watershed Task Force ........................... C-1 Appendix D: Task Force Outreach ............................................................................................................ D-1 Appendix E: International Lake of the Woods and Rainy River Watershed Task Force’s Citizen Advisory Group ........................................................................................................................................................ E-1 Appendix F: Organizational Roles and Responsibilities ........................................................................... F-1 Appendix G: Detailed Description of Vegetation and Geology of the Watershed ................................... G-1 Appendix H: Population Table .................................................................................................................. H-1 Appendix I: Directive to the International Rainy River Water Pollution Board ......................................... I-1 Appendix J: Text of Multi-Agency Working Arrangement ......................................................................... J-1 Appendix K: Issues Table .......................................................................................................................... K-1 Appendix L: List of Acronyms ..................................................................................................................... L-1 i Executive Summary Background. There has been growing concern over the long-term ecological health of the Lake of the Woods and Rainy River watershed. Issues include harmful algal blooms and erosion on Lake of the Woods, climate change and invasive species impacts throughout the watershed, effects of water levels on traditional practices and shoreline properties, and further impacts of potential development. In response, significant activity has been initiated in the watershed by grassroots organizations, communities, agencies, and various partnerships. Over three quarters of a million people depend on this watershed for their drinking water, including the city of Winnipeg, Manitoba, which has a population of over 700,000 people. The watershed is seen as a significant tourist destination and the natural character of the landscape is of utmost importance to many of its inhabitants; the future of this watershed, economically and environmentally, and the quality of its ecosystem are intimately linked. Charge. To ensure the long-term ecological and economic vitality of the Lake of the Woods and Rainy River watershed, and noting existing trans-jurisdictional coordination and collaboration, the Governments of Canada and the United States asked the International Joint Commission (IJC) to review and make recommendations regarding the watershed’s bi-national water management and the IJC’s potential role in that management. Recommendations were to address potential structures and mechanisms for governance and the priority issues or activities to be addressed through such mechanisms; to align with the IJC’s International Watershed Initiative; and to respect existing treaties, orders, and jurisdictional authorities. The IJC assigned this charge to an International Lake of the Woods and Rainy River Watershed Task Force, asking it to report by July 15, 2011. Informed by the Task Force’s work, the IJC will make its own recommendations to the U.S. and Canadian Governments by December 2011 for their consideration and potential action. Approach. The Task Force undertook significant outreach, with particular focus on current and planned activities that affect or can affect the boundary waters in the watershed. It established a Citizens Advisory Group; held public meetings; contacted federal, state, and provincial resource agencies; invited input from communities, municipalities, and counties; contacted coordinative governmental and non- governmental organizations; reached out to U.S. Tribes and Canadian First Nations and held a joint conference with Grand Council Treaty 3; met with the Métis Nation of Ontario; and provided information through a variety of means. As a result of this outreach the Task Force heard from many of the citizens, aboriginal peoples, agencies, scientists, and organizations throughout the watershed. Its observations and recommendations are founded on this outreach. Issues. The Task Force catalogued more than 250 issues raised during discussions. It highlighted the following priority issues: • Participation of First Nations, Métis, and U.S. Tribes: Aboriginal peoples need to be at the table making decisions. While Canada is addressing native flood and land claims, integrated watershed management amongst these aboriginal peoples and communities is lacking. • Nutrient Enrichment and Harmful Algal Blooms: Nutrient loadings, particularly phosphorus, are potentially responsible for harmful algae blooms in Lake of the Woods and Rainy Lake; additionally, Big Traverse Bay has been identified as impaired due to phosphorus and chlorophyll levels in that section of Lake of the Woods. • Effects of Climate Change: Climate change drives watershed changes that may impair water quality, including harmful algal blooms; lead to varying water levels and flows; and affect forest ii composition, nutrient cycling, animal migration, and fish habitat. Adaptation measures are needed to address its effects in the watershed. • Land Development: As land is opened to development, more nutrients and contaminants enter the watershed. Concerns include the leaching of sulphides and heavy metals into ground and surface water as well as increased rates of erosion. • Invasive Species: Invasive species, which are in the watershed or may be introduced in the future, impact ecosystem function and will require coordinated adaptive and mitigative measures. • Impacts of Water Regulation Decision-Making: The effects of fluctuating water levels, such as on wild rice and erosion, and the need for better understanding of weather factors driving dam operations and more systematic operation of the system as a whole, warrant consideration. • Communication: People were not always aware of how to reach counterparts, or to become involved in watershed management processes upstream/downstream, between levels of government, or across the border. Observations. Bi-national management of waters within the Lake of the Woods and Rainy River watershed has seen a considerable number of successes, attributable to both grassroots and governmental accomplishments. There is a passion for environmental protection within this watershed that its citizens take very seriously, and the accomplishments are proof of their effectiveness. There is a strong desire to see results: improvements in water quality and watershed management, improvements in communication and collaboration, and improvements in preparedness for future changes. The Task Force has focused on opportunities for improvement, but these need to be understood within the context of the significant progress that has already occurred and is continuing to occur. Many organizations at all levels are monitoring water quality, but there is no one entity that has the role of overall coordination and reporting for the entire watershed, and there is not presently an international governance mechanism in place to manage water quality throughout the watershed. There are good working relations among individual federal,