TRANSCENDING BOUNDARIES A GUIDEBOOK TO THE ALBERTA-Northwest Territories Mackenzie river basin Bilateral water management agreement Guidebook to the Alberta-Northwest Territories Mackenzie Basin Transboundary Water Agreement

BY: THE FORUM FOR LEADERSHIP ON WATER (FLOW) COMMISSIONED BY: THE GORDON FOUNDATION PHOTOGRAPHY BY: PAT KANE

The contents of this document are entirely the responsibility of the authors and do not necessarily reflect the view or opinions of The Gordon Foundation or the individuals or organizations who contributed to its development. Transcending Boundaries provides general information on the Bilateral Water Management Agreement between the governments of the Northwest Territories and Alberta. It should not be construed as legal advice to be applied to a specific situation. As the law differs in each jurisdiction and may be interpreted or applied differently depending on a specific situation, the information in this document should not be used as a substitute for the advice of a lawyer. This report is available under limited copyright protection. You may download, distribute, photocopy, cite or excerpt this document provided it is properly and fully credited and not used for commercial purposes. For more information, visit creativecommons.org

© FLOW, a project of Tides Canada Initiatives

Recommended citation: Transcending Boundaries: Guidebook to the Alberta-Northwest Territories Mackenzie Basin Transboundary Water Agreement. The Forum for Leadership on Water (FLOW), a project of Tides Canada Initiatives, 2016.

ISBN: 978-0-9737651-8-2

MACKENZIE RIVER BASIN WRITING and Design Team

LEAD WRITER MERRELL-ANN PHARE is a RALPH PENTLAND served as lawyer and an author. She has Director of the Water Planning served as Chief Negotiator on and Management Branch in behalf of the Government of the Environment Canada for 13 Northwest Territories in their years, from 1978 to 1991. In that negotiation of transboundary capacity, he negotiated and water agreements in the administered numerous Canada- Mackenzie River Basin and U.S. and federal-provincial in negotiating national and territorial parks. As Founding water Agreements, and was the primary author of the 1987 Executive Director of the Centre for Indigenous Environmental Federal Water Policy. Since 1991, he has served as a water and Resources (CIER), she works to assist First Nations in addressing environmental policy consultant in many countries, and has environmental and sustainability issues facing their communities. collaborated with numerous non-governmental and academic Merrell-Ann is legal counsel and advisor to a number of institutions. Most recently he was a member of the Government Indigenous and other governments and organizations. She is a of the Northwest Territories Team negotiating bilateral water founding member of FLOW. agreements in the multi-jurisdictional Mackenzie River Basin. He is a founding member of FLOW. CO-WRITERS AND DESIGN TEAM MICHAEL MILTENBERGER is OLIVER BRANDES is an the principal of North Raven. His economist and lawyer by training, interests are water protection serves as co-director of the POLIS and governance, working Project on Ecological Governance collaboratively on environmental at the University of Victoria’s protection, renewable energy Centre for Global Studies, development, building efficient and leads the POLIS Water government, expediting land Sustainability Project. His work claims, and strategic planning. focuses on water sustainability, He works with Aboriginal and Crown governments, ENGO’s, sound resource management, public policy development, and industry and the private sector providing strategic political advice. ecologically based legal and institutional reform. Oliver is an Prior to his current work, he spent 20 years as MLA in the NWT adjunct professor at the University of Victoria Faculty of Law Legislature, 14 of those years as Minister of the Environment and and School of Public Administration. He is a founding member of Natural Resources, Minister of Finance, Minister of Health and FLOW and currently serves as the co-Chair. Social Services and the Minister Responsible for the Northwest Territories Power Corporation. He has recently joined FLOW as an active member. MIEKE COPPES is a Program TONY MAAS has been working to Coordinator at The Gordon protect the health of Canada’s fresh Foundation with a long standing water for over 15 years. He divides passion for northern policy his time between roles as Director issues. She is a recent graduate of the Forum for Leadership on from the London School of Water (FLOW) and Manager Economics where she received of Strategy with Freshwater an MSc in International Future, a bi-national Great Lakes Relations. She also works as a Research Associate with The Arctic organization. In both roles, he provides strategic direction and policy Institute and as a Unit Lead with Polar Research and Policy expertise, and builds partnerships among diverse interests to benefit Initiative. people, the environment and the economy.

CAROLYN DUBOIS is the Water PHOTOGRAPHY Program Manager at The Gordon PAT KANE is a photographer, Foundation where she works writer and journalist. He has been with partners across sectors travelling across the Northwest in Canada’s North. This work Territories over the last year focuses on improving freshwater capturing the lives of people and stewardship through citizen the importance that land and engagement in decision-making water have in their lives as part of and the use of the best available a project entitled “On the Land”. evidence. Carolyn is a passionate advocate for open data and has Pat is also a regular contributor on led the development of Mackenzie DataStream, an online system many projects for magazines, businesses, government departments, that provides access to information about water quality. NGO’s and marketing agencies nationwide. He is among the most experienced and reliable shooters working in Canada’s Far North today. 06 AB-NWT BWMA GUIDEBOOK

PREFACE

THE GORDON FOUNDATION AND THE FORUM FOR LEADERSHIP provides opportunities for the public to get involved in decisions ON WATER (FLOW) are pleased to bring you Transcending Bound- affecting their local watersheds. aries A Guidebook to the Alberta-Northwest Territories Macken- Transcending Boundaries provides a detailed examination zie Basin River Bilateral Water Management Agreement. of the key elements of the Bilateral Agreement, what they will The Bilateral Agreement between Alberta and the Northwest achieve and how they will be implemented. It also provides a Territories, signed on March 18, 2015, is one of the most compre- broader understanding of the Mackenzie River Basin Trans- hensive and progressive transboundary water agreements in the boundary Waters Master Agreement. The more citizens under- world. Through this Agreement, the two governments commit to stand both the Bilateral Agreement and the Master Agreement, cooperative, integrated watershed management in the Macken- the more likely they will be to participate in their implementa- zie River Basin, one of the most intact large-scale ecosystems in tion. This is the key to success of the Agreements and ultimately North America. the health of the Mackenzie River Basin. It is our hope that this At the core of the Alberta-Northwest Territories Bilateral guidebook will be used as a tool for citizens to make their voices Agreement is the commitment to maintain the ecological integrity heard while driving the implementation of the unique and histor- of shared aquatic ecosystems in the Mackenzie River Basin. This ic Bilateral Agreement. includes the ground and surface waters along with the organisms For those outside the Basin, we hope that Transcending that live in and are dependent on these waters. The Agreement is Boundaries demonstrates what can be achieved through cooper- evidence-based, using both western and Traditional Knowledge, ative transboundary water management, identifies concepts that proactive and forward-looking. It includes the concept of “joint can be applied elsewhere, and provides a gentle nudge to begin to learning” between the Parties to guide management actions. The apply these concepts in other watersheds. Agreement will lead to improved environmental monitoring in the Basin and to the setting of targets to protect water quality, quantity and living organisms. It requires governments to share informa- Sherry Campbell Oliver M Brandes tion, notify each other and address concerns before undertaking PRESIDENT AND CEO, CO-CHAIR – FORUM any new developments and activities that might affect ecological THE GORDON FOUNDATION. FOR LEADERSHIP integrity. It further requires governments to consult each other ON WATER (FLOW) and the public on an ongoing basis. Importantly, the Agreement engages Indigenous peoples in agreement implementation and Boaters from Lutselk’e push off from shore in the East Arm of Great Slave Lake Paul Mackenzie on Blachford Lake 9 AB-NWT BWMA TABLE OF CONTENTS GUIDEBOOK

INTRODUCTION...... 10

I: WATER MANAGEMENT IN THE MACKENZIE RIVER BASIN Spotlight on the Mackenzie River Basin...... 12 The Mackenzie River Basin Transboundary Waters Master Agreement...... 14 Bilateral agreements under the Mackenzie River Master Agreement...... 16

II: THE ALBERTA-NWT BILATERAL WATER MANAGEMENT AGREEMENT – KEY ELEMENTS Maintaining the Ecological Integrity of the Aquatic Ecosystem...... 19 Using Risk Informed Management to guide management actions...... 20 Using indicators to monitor ecosystem integrity...... 21 Roles of the Parties, Indigenous peoples and the public...... 21

III: THE ALBERTA-NWT BILATERAL WATER MANAGEMENT AGREEMENT – A CLAUSE BY CLAUSE EXAMINATION Section 1, 2: Purpose and Context...... 25 Section 3: Jurisdictional water management...... 26 Section 4: Risk Informed Management...... 27 Section 5: Information sharing, notification and consultation...... 31 Section 6: Protecting the quantity of surface waters...... 34 Section 7: Protecting the quality of surface waters...... 38 Section 8: Protecting quantity and quality of groundwater...... 42 Section 9: Protecting biology...... 45 Section 10: Monitoring environmental integrity over time...... 48 Section 11: Supporting bilateral water management through research and studies...... 52 Section 12: Emergency response...... 53 Section 13: Administering the Bilateral Agreement...... 55 Section 14: Resolving disputes and questions...... 57 Section 15: Key process elements...... 57

CONCLUSIONS...... 60

LINKS AND RESOURCES...... 62 01010 NWT-ABAB-NWT BWMA GUIDEBOOK INTRODUCTION

The Mackenzie River Basin is one of Canada’s great in the Mackenzie River Basin. What does this mean? natural resources – mighty in scale covering 20% of Can- How would it work? What will it achieve? That is what ada’s land mass, rich in diversity and vital to the people this guidebook is all about. and wildlife that live within it. While the Mackenzie is Transcending Boundaries was developed by The Gor- remote from the highly developed southern part of Can- don Foundation in partnership with the Forum for Lead- ada and is considered one of the most intact, large-scale ership on Water (FLOW), an independent, non-partisan ecosystems in North America, it is not immune to the group of water policy experts from across Canada. Soon 100% of the impacts of land use changes, industrial development and Mackenzie River Basin climate change. Wise management, sound decision-mak- ABOUT THE GUIDEBOOK will be cooperatively ing based on both Traditional Knowledge and western science, and ongoing vigilance are needed to ensure fu- • Part I describes the Mackenzie River managed under bilateral ture generations enjoy the same benefits the Mackenzie Basin, and the 1997 umbrella Mackenzie agreements. Basin offers today. River Basin Transboundary Waters Master This guidebook, Transcending Boundaries, has been Agreement. It explains how the bilateral developed to showcase the ground-breaking, binding agreements fit under the Master intergovernmental agreement between Alberta and the Agreement. Northwest Territories. Other Basin jurisdictions – Brit- • Part II focuses on the key concepts of ish Columbia, Yukon and Saskatchewan – have or will the Alberta-NWT Bilateral Agreement, soon have very similar agreements resulting in 100% of including the Ecological Integrity of the Mackenzie River Basin being cooperatively managed the Aquatic Ecosystem, Risk Informed under bilateral agreements. They will all work together Management, and the use of indicators to in a complementary way, and so this guidebook can help monitor ecosystem integrity. citizens understand those agreements as well. Part I will • Part III provides a clause-by-clause explain more about the Bilateral Agreements under the examination of the Alberta-NWT Bilateral umbrella Mackenzie River Basin Transboundary Waters Agreement, describes what it contains and Master Agreement. why it is important. The Alberta-Northwest Territories Mackenzie Riv- • The conclusion provides key elements of er Basin Bilateral Water Management Agreement (the the Alberta-NWT Bilateral Agreement. Alberta-NWT Bilateral Agreement) commits the Parties • To aid the reader, the guidebook contains (the governments of Alberta and the Northwest Territo- a list of resources. ries) to cooperative, integrated watershed management An aerial view of Yellowknife Bay 01212 PART I NWT-ABAB-NWT BWMA GUIDEBOOK Water Management in the Mackenzie River Basin

SPOTLIGHT ON THE Mackenzie Delta (where the Mackenzie River meets MACKENZIE RIVER BASIN the Arctic Ocean) and the inland Peace-Athabasca Delta are important resting and breeding areas for mi- gratory birds; as many as 215 species of birds have been The Mackenzie and The Mackenzie River Basin is the longest and larg- identified in the Peace-Athabasca Delta alone. The ter- est river system in Canada, draining a vast area of restrial areas of the Basin support populations of cari- its many tributaries 1.8 million square kilometers – nearly 20 per cent of bou, moose, coyotes, wolves, bears and other mammals. represent one of the Canada’s landmass and an area three times the size of largest and most intact France. The main stem of the river rises in the shallow PEOPLE wetlands at the western end of Great Slave Lake and The Mackenzie River Basin is sparsely populated, ecosystems in North runs 1,738 kilometers to empty through a massive delta with most settlements located along the major rivers. America. into the Arctic Ocean. The entire system flows 4,241 The waters in the Basin supply drinking water, act as kilometers from tributary headwaters to the mouth. a highway for the transportation of goods and people, The Mackenzie’s many tributaries include the Peace, are harnessed to generate electricity, and are used for The eastern part of the Athabasca, Liard, Hay, Peel and Great Bear rivers. Most agriculture and industries. Jurisdiction over the Basin Basin includes three of importantly, it is one of the largest and most intact is shared among Canada, Indigenous governments, ecosystems in North America. About 63 per cent of the British Columbia, Alberta, Saskatchewan, the Yukon Canada’s largest lakes: Mackenzie River Basin is covered with temperate and and the Northwest Territories. the Athabasca, Great boreal forest – much of it intact old growth – and about Slave and Great Bear 18 per cent is covered with wetlands. The eastern part STRESSES of the Basin includes three of Canada’s largest lakes: Even though the Mackenzie River Basin is considered lakes. the Athabasca, Great Slave and Great Bear lakes. to be ecologically intact, it is affected by a number of stresses including the cumulative impacts of land cover BIODIVERSITY changes from industrial development, pollution and The waters of the Basin support 54 species of fish, the hydrological shifts of a changing climate. Increas- some of which – like the Arctic cisco and Lake white- ing industrial development, including mining, oil and fish – migrate long distances inland to spawn. The gas production and hydroelectric generation can pol- Even though the Mackenzie River Basin THE MACKENZIE RIVER BASIN AND TRANSBOUNDARY SUB-BASINS is considered to be ecologically intact, it is affected by a number of stresses INUVIK including the cumulative impacts of Peel River land cover changes from industrial NORTH WEST TERRITORIES development, pollution and the YUKON hydrological shifts of a changing climate.

Great Bear Lake WHITEHORSE lute the Mackenzie’s waters and alter flows. A wide Mackenzie range of contaminants, both natural and human-pro- River Nahanni duced, enter the Basin through direct discharge into River NUNAVUT water bodies and also through long range atmospheric YELLOWKNIFE transport from sources within Canada and from distant Great Slave Lake places on the planet. The impacts of climate change in- Liard River Hay River clude the degradation of permafrost and alterations to Slave River BRITISH flows in rivers. Maintaining the Mackenzie – protecting COLUMBIA the river itself and the resources it supports – requires Lake Athabasca active and ongoing management of our activities. That Peace River Williston Lake is precisely the intention behind the Mackenzie River Basin Transboundary Waters Master Agreement. FORT MCMURRAY GRANDE PRAIRIE Athabasca River

SASKATCHEWAN

Mount Snow Dome EDMONTON ALBERTA

water flow LEGEND: SUB-BASINS: PEEL, MACKENZIE MAIN STEM AND GREAT BEAR LAKE, GREAT SLAVE, ATHABASCA, PEACE, LIARD THE MACKENZIE RIVER BASIN gas, oil, tar sands, and minerals requires large TRANSBOUNDARY WATERS 01414 amounts of water for their development. Naviga- MASTER AGREEMENT NWT-ABAB-NWT BWMA tion and hydroelectric power production add to GUIDEBOOK the growing competition for water. Development BACKGROUND of any resource, be it in one jurisdiction or several, The seeds of the current transboundary water manage- could affect the uses of water by altering flows, ment in the Mackenzie River Basin were planted in the levels or water quality downstream. Hence, the In 1977, the 1970s, when mounting public concern about the basin need for cooperative management represents the governments prompted the Governments of Canada, Yukon, Northwest greatest and most urgent challenge for the future.” established the Territories, British Columbia, Alberta and Saskatchewan to set up the Mackenzie River Basin Intergovernmental The report encouraged the governments to develop a Mackenzie River Basin Liaison Committee in 1972. At that time, the public was transboundary water agreement that would address Committee and initiated concerned about aquatic ecosystems – specifically, how minimum water flows, the management of water and the a three-year program of changes to water quality and quantity in the Basin af- quality of the water as it crossed borders. It also recom- fected fish, wildlife and people. In 1977, the governments mended the creation of a permanent board. In 1982, the studies on the river. established the Mackenzie River Basin Committee and nine recommendations from the report were endorsed by initiated a three-year program of studies on the river. the ministers of the provincial/territorial and federal gov- The final report, the Mackenzie River Basin Study Report, ernments involved, and the Mackenzie River Basin Com- was completed in 1981. The authors of the report had the mittee was asked to implement these recommendations. vision to note that: With the report in hand, the governments began work to define the principles that might be included in “Water is the essential natural resource of the a transboundary water agreement for the Mackenzie Mackenzie River Basin. It provides habitat for River, and carried out extensive consultations. The re- fish and wildlife, and for the food chains which sult was the development in 1997 of the Mackenzie River support them. Other resources, such as coal, Basin Transboundary Waters Master Agreement (the

AB - NWT BWMA TIMELINE

1992 2000 FEB 2007 2008 2011 Rio Summit NWT-YT AB-NWT MOU NWT Water Action Transboundary signed Strategy Plan Agreement development released signed begins 1997 2006-2008 MARCH 2007 2010 Mackenzie Numerous Aboriginal Members of the NWT Water River Basin water gatherings in 15th Legislative Strategy Transboundary NWT Assembly of released Waters Master the NWT pass a Agreement motion for the signed basic human right to water. Master Agreement), which was endorsed by the gov- COMPOSITION OF THE MACKENZIE 15 ernments of the Northwest Territories, Yukon, British RIVER BASIN BOARD Columbia, Alberta, Saskatchewan and Canada. This is a AB-NWT BWMA GUIDEBOOK cooperative, intergovernmental agreement. The Board is comprised of the following:

PRINCIPLES OF THE MASTER AGREEMENT At the core of the Master Agreement is the establish- Three members from the federal government ment of a set of common and far-reaching principles for (usually Environment Canada, Indigenous and Northern At the core of the Affairs Canada and Health Canada) the cooperative management of the aquatic ecosystem Master Agreement is of the Mackenzie River Basin. These principles involve the establishment of commitments by the governments with respect to: 1. Ecological integrity: Managing the water resources Five members from the provinces and territories a set of common and (one from each) in the Basin. in a manner consistent with the maintenance of the far-reaching principles Ecological Integrity of the Aquatic Ecosystem. for the cooperative 2. Sustainability: Managing the use of the water resources in a sustainable manner for present and Five members from Indigenous organizations management of the (one appointed by each province and territory in the Basin) future generations. aquatic ecosystem 3. Recognition of other jurisdictions’ rights: The of the Mackenzie right of each to use or manage the use of the water affect the Ecological Integrity of the Aquatic Ecosys- resources within its jurisdiction provided that use tem in another jurisdiction. River Basin. does not unreasonably harm the Ecological Integrity 5. Dispute resolution: Resolving issues in a coopera- of the Aquatic Ecosystem in any other jurisdiction. tive and harmonious manner. 4. Information sharing: Providing for early and effec- tive consultation, notification and sharing of infor- The Master Agreement also included provisions for mation on developments and activities that might dispute resolution and established a governing Mack-

SEPT 2011-DEC 2014 FEB 2012 MAR 19 2015 AB-NWT negotiations NWT Cabinet AB-NWT Signing Directive to ENR to Ceremony lead transboundary negotiations SEPT 2011 JAN 2014-MAR 2015 2014-15 NWT negotiation NWT-BC negotiations Initiate and/ team established or complete negotiations with YT and SK EVENTUALLY, THERE WILL BE SEVEN BILATERAL enzie River Basin Board to administer the Agreement. AGREEMENTS BETWEEN THE FOLLOWING JURISDICTIONS 01616 To the authors’ knowledge, it is unique in Canada to NWT-ABAB-NWT BWMA have this level of representation of Indigenous mem- GUIDEBOOK bership on a transboundary management body. Importantly, the Master Agreement also provided for the creation of Bilateral Water Management Agree- ments, which are covered in Part II of the guidebook. The Master Agreement YUKON

NORTH WEST is a framework BILATERAL AGREEMENTS UNDER TERRITORIES agreement. Bilateral THE MASTER AGREEMENT

Agreements provide The Master Agreement is a framework agreement, in more details on that it provides principles and establishes a process for cooperation. However, water management in the Basin objectives and ALBERTA is complex; it involves multiple jurisdictions and there the cooperative are great differences in climate, topography and water BRITISH COLUMBIA management of use in its many sub-basins. For example, the stresses on and concerns about water are heightened in the Slave SASKATCHEWAN transboundary waters. River Basin because it is affected, through the Athabasca River, by the oil sands. Comparatively, the less-devel- LEGEND: oped Peel River, or the downstream main stem of the SIGNED AGREEMENTS Mackenzie River, require far less attention. In light of PENDING AGREEMENTS this diversity, it would be difficult, if not impossible, for a single agreement to adequately address water manage- ment issues Basin-wide, across all jurisdictions. Instead, tegrity of the aquatic ecosystems of the Mackenzie the Master Agreement encourages neighbouring juris- River Basin; and dictions to enter into bilateral (or transboundary) agree- • Equitable and sustainable use: Facilitate equitable ments that deal specifically with the waters they share. and sustainable use of shared water resources by es- While they are not contracts or treaties, these bilateral tablishing criteria and desired outcomes that address agreements provide specific binding commitments for water consumption, flows, quality, ground water man- “on the ground” implementation of the Master Agree- agement and aquatic ecosystem health commitments. ment. They also include details on objectives and the co- operative water management of transboundary waters. Eventually, there will be seven bilateral agreements The objectives of the bilateral agreements are to: between the following jurisdictions: • Cooperation: Effect cooperative watershed man- • Alberta and British Columbia agement among the jurisdictions which share the • Alberta and the Northwest Territories water resources of the Mackenzie River Basin; (signed in 2015) • Ecological integrity: Maintain the ecological in- • Alberta and Saskatchewan • British Columbia and the Northwest Territories THE NORTHWEST TERRITORIES (signed in 2015) WATER STEWARDSHIP STRATEGY 17 • British Columbia and Yukon AB-NWT BWMA AND ACTION PLANS GUIDEBOOK • Northwest Territories and Saskatchewan • Northwest Territories and Yukon (signed in 2000) The Northwest Territories negotiation team for the Alberta-NWT Bilateral Agreement was As these bilateral agreements are signed they will be heavily informed by two important reports, attached as schedules to the Master Agreement. Northern Voices, Northern Waters: the NWT Water Stewardship Strategy, which was released in EXISTING BILATERAL AGREEMENTS 2010, and NWT Water Stewardship: A Plan for • Northwest Territories-Yukon (2002): The first Action 2011-2015. Both of these documents bilateral agreement was negotiated between Yukon were developed by the Government of the and the Northwest Territories in 2002 and will be Northwest Territories in collaboration with updated to be consistent with newer bilateral Aboriginal groups, communities, regional agreements. organizations, environmental non-government • Alberta-Northwest Territories (2015): The sec- organizations, co-management boards, industry, ond bilateral agreement was signed on March 18, government and residents. 2015, and is the subject of this guidebook. Extensive consultation occurred during the • British Columbia-Northwest Territories (2015): process to negotiate the Alberta-NWT Bilateral A third bilateral agreement – British Colum- Agreement.1 bia-NWT Bilateral Water Management Agreement – is very similar to the Alberta-NWT Bilateral Agreement and was signed on Oct. 15, 2015.

The other agreements are under negotiation.

** It is important to note that although this guidebook focuses on the Alberta- Northwest Territories Bilateral Agreement similar provisions exist in the British Columbia-Northwest Territories Bilateral Agreement and will likely exist in the updated Northwest Territories-Yukon Bilateral Agreement and the other future agreements. Thus the analysis and interpretation that follows applies (or will apply) in the regions that are covered by those agreements.

1For more information on this from the Northwest Territories perspective, see http://www.enr.gov.nt.ca/programs/water-management/nwt-alberta-mackenzie-river-ba- sin-bilateral-water-management-agreement For information on this from the Alberta perspective, see http://esrd.alberta.ca/water/education-guidelines/mackenzie-riv- er-basin-bilateral-water-management-agreements.aspx Digging holes for ice fishing on Great Bear Lake 19 AB-NWT BWMA PART II GUIDEBOOK

THE ALBERTA-NWT BILATERAL WATER MANAGEMENT AGREEMENT Key Elements

Part II of the guidebook outlines the following key con- The commitment to maintaining the ecological The commitment cepts of the Bilateral Agreement. integrity of the aquatic ecosystem sets the Bilateral to maintaining the • Maintaining the Ecological Integrity of the Aquatic Agreement apart from all other Canadian transboundary Ecosystem water management agreements. ecological integrity of • Using Risk Informed Management to guide manage- • What is the “Aquatic Ecosystem” of the Mackenzie the aquatic ecosystem ment actions River Basin? It is defined broadly as “the interacting sets the Bilateral • Using indicators to monitor Ecosystem Integrity components of air, land, water and living organisms, • Roles of the Parties, Indigenous peoples and the including humans, which relate to the Water Re- Agreement apart from public sources of the Mackenzie River Basin.” all other Canadian • What is “Ecological Integrity”? This refers to the transboundary Note that terms that are defined in the Agreement are conditions that the Parties determine to be necessary capitalized (e.g., Learning Plans and Transboundary to maintain a healthy and diverse aquatic ecosystem. water management Objectives). agreements. A key determinant of aquatic ecosystem health is how MAINTAINING THE ECOLOGICAL much water a waterbody contains. Depending on the INTEGRITY OF THE AQUATIC ECOSYSTEM amount of precipitation, levels in lakes and flows in rivers and streams can vary seasonally and from year A fundamental feature of the Bilateral Agreement is to year. Prolonged drought or overuse can reduce the the commitment to manage the water resources of the amount of water within a waterbody. So can climate Mackenzie River Basin in “a manner consistent with change. Reduced levels and flows can have profound the maintenance of the Ecological Integrity of the effects on fish, plants and animals. They can also im- Aquatic Ecosystem.” pact humans who rely on water for drinking, trans- portation, industrial and agricultural use and energy generation. The environmental need for water is • Class 4 waterbodies are those that do not meet Trans- 02020 sometimes called “instream flow needs,” and refers to boundary Objectives (mutually agreed targets for water NWT-ABAB-NWT BWMA the amount of water that the river itself requires. The quality, water quantity and biology set upon Class 3 GUIDEBOOK Bilateral Agreement ensures that the environmental designation). Because Ecological Integrity of the Aquat- needs for water will be met before allocating water ic Ecosystem may not be being maintained in Class 4 for other purposes such as municipal, agricultural and waterbodies, the Parties have agreed that immediate industrial uses. This is critically important for manag- action will be taken to restore the waters to Class 3. The Risk Informed ing water resources in a sustainable manner for current Management approach and future generations. A more detailed examination As the figure on the next page illustrates, the type is unique to the of instream flow needs is provided in Section 6 (see and intensity of management actions increases as one page 34). moves from Class 1 to Class 4 water bodies. transboundary water management of the USING RISK INFORMED MANAGEMENT MANAGEMENT ACTIONS BY CLASSIFICATION TO GUIDE MANAGEMENT ACTIONS Mackenzie River Basin. • Class 1 waterbodies require only reporting on environmental conditions, where that information is Another key element of the Bilateral Agreement is its use available.. of “Risk Informed Management” to guide management Many of the Basin’s • Class 2 waterbodies require the development of a actions. This approach is unique to the Mackenzie River Learning Plan to improve the understanding of the waterbodies have little Basin. It ensures government water managers understand actions that are required to maintain the Ecological or no development the water uses and risks in the Mackenzie River Basin and Integrity of the Aquatic Ecosystem.3 manage the waters with a corresponding level of intensity. and it is not too late to • Class 3 waterbodies require the Parties to set objec- It is appropriate here because many of the Basin’s water- tives or firm conditions to be met, carry out site-spe- “get it right” and avoid bodies have little or no development and it is not too late cific analyses where needed, establish joint monitor- ecosystem damage. to “get it right” and avoid ecosystem damage. ing programs, and prepare Action Plans to outline how Risk Informed Management begins with the clas- Transboundary Objectives will be met. sification of transboundary waters at the border be- • Class 4 is a state to be avoided. If a waterbody is tween Alberta and the Northwest Territories. Waters identified as Class 4, the Parties will take immediate are assigned to Classes 1 to 4 based on factors such as action to address the situation and restore the waters development and use (including traditional use), water to Class 3. quality and stresses in the upstream basin, and needs in the downstream basin. Currently, all transboundary waters between Alberta and the Northwest Territories are Class 1, except for CLASSIFICATION OF WATER BODIES the Slave and Hay Rivers (which are Class 3). These are • Class 1 waterbodies are those that have no or very designated Class 3 because of upstream industrial de- little development and traditional use. velopment and a high level of traditional use. There are • Class 2 and 3 waterbodies are those that have some no Class 4 waters. More information on Risk Informed level of current or planned development and/or tradi- Management is provided in Part III (Section 4, page 27). tional use. RISK INFORMED 21 CLASS TRANSBOUNDARY OBJECTIVES MANAGEMENT CLASSIFICATION EXCEEDED, MUST IMMEDIATELY AB-NWT BWMA 4 RETURN TO CLASS 3 GUIDEBOOK

CLASS TRANSBOUNDARY The nature and intensity of Bilateral Management 3 OBJECTIVES SETTING and Jurisdictional Water Management increase from Class 1 to Class 3 (varying levels of learning, CLASS Transboundary Objective-setting, Monitoring, etc.). LEARNING Just as body 2 temperature and blood Class 4 occurs when Transboundary Objectives are CLASS pressure are indicators not met, indicating that the Ecological Integrity of REPORTING 1 the Aquatic Ecosystem is not be being maintaned.

INTENSITY MANAGEMENT INTENSITY of human health, there are environmental indicators that are used USING INDICATORS TO MONITOR In the Bilateral Agreement, indicators are used in to assess ecological ECOSYSTEM INTEGRITY Risk Informed Management (Section 4, page 27) and integrity. the protection of biota – fish, invertebrates, birds and Long-term monitoring is critical to understanding other wildlife (Section 9, page 45). whether significant changes are taking place over time in streams, rivers and lakes and in the fish, plants and ROLES OF THE PARTIES, INDIGENOUS animals that live in and depend on these waterbodies. PEOPLES AND THE PUBLIC Typically, monitoring programs assess parameters such as water quality and water quantity (flows and levels). BILATERAL WATER MANAGEMENT COMMITTEE How the governments will address monitoring is cov- As signatories to the Bilateral Agreement, the govern- ered in Section 10 of the Agreement (see page 48). ments of Alberta and the Northwest Territories have a The Alberta-NWT Bilateral Agreement moves be- legal responsibility to cooperate in good faith and take yond typical long-term monitoring to include indicators “reasonable actions towards commitments to achieve the of the Ecological Integrity of the Aquatic Ecosystem. principles” of the Master Agreement. The central mech- Just as body temperature and blood pressure are indica- anism for administering the Bilateral Agreement is the tors of human health, there are environmental indicators Bilateral Management Committee (Section 13, page 55). that are used to assess ecological integrity. These can be The primary functions of this committee are listed below. qualitative or quantitative measures, and may include • Classify transboundary waters; measures of water quality and quantity and water-relat- • Establish Learning Plans; ed elements such as fish, invertebrates, birds, wildlife, • Assess how Transboundary Objectives are being humans and air. met; and,

3Appendix H to the Agreement sets out the content for Learning Plans. • Provide a mechanism for information sharing, aboriginal traditional knowledge is a valid and 02222 notification and consultation. essential source of information about the natural NWT-ABAB-NWT BWMA environment and its resources, the use of natural GUIDEBOOK The Bilateral Management Committee will also devel- resources and the relationship of people to the op work plans to help guide the implementation of the land and each other”. Agreement. The Agreement specifies government roles in: con- In addition, Northwest Territories’ government policy sultation information-sharing and notification; Risk In- is to “incorporate traditional knowledge into govern- formed Management; classification of waterbodies and ment decisions and actions where appropriate.” This is Under several land groundwater; monitoring; research; and other matters. reflected in the Bilateral Agreement through the recog- These are discussed in part of the guidebook. nition that Traditional Knowledge, along with western claim agreements in the science, will be used to set Transboundary Objectives, Mackenzie River Basin, INDIGENOUS PEOPLES monitor the Ecological Integrity of the Aquatic Eco- Indigenous signatories Ongoing collaboration with Indigenous organization system and resolve disputes. The Government of the was instrumental to the success of the negotiations that Northwest Territories also has an Aboriginal Steer- have the right to have led to the Bilateral Agreement. Maintaining this involve- ing Committee that advises the government on water waters -that are on ment will be critical for its successful implementation. issues. or flow through their Indigenous governments see authority over water as a shared jurisdiction requiring their direct partici- PUBLIC settlement lands- pation. This view reflects legitimate rights and author- The public can be involved in the implementation of the “remain substantially ities that have been formally recognized in land claims Bilateral Agreement in many ways. Both Alberta and unaltered as to quality, agreements, such as Treaty 8 and Treaty 11, and in the Northwest Territories have built-in processes for numerous court cases. For example, under several land public participation within their respective water and quantity and rate of claim agreements in the Mackenzie River Basin, Indig- lands management systems. Alberta has multi-stake- flow”. enous signatories have the right to have waters -that holder Watershed Public Advisory Councils that provide are on or flow through their settlement lands- “remain ongoing advice to the provincial government on water substantially unaltered as to quality, quantity and rate matters in various river basins throughout the province. of flow. It is important to recognize that some Indige- The Government of the Northwest Territories provides nous territories span both Alberta and the Northwest opportunities for public involvement on a regular basis Territories. through a range of processes. The Government of the Northwest Territories for- Both governments agree that they are responsible mally recognizes that: for consulting with their publics as the Bilateral Agree- ment is implemented (Section 5, page 31). The govern- “the aboriginal peoples of the Northwest Terri- ments will solicit input from the public relating to the tories have acquired a vast store of traditional Mackenzie River Basin annually and will bring it for- knowledge through their experience of centuries ward to the Bilateral Management Committee. of living in close harmony with the land and that Deline, NWT George Simba sits by a fire at a hunting camp at Tathlina Lake 25 AB-NWT BWMA GUIDEBOOK

PART III

THE ALBERTA-NWT BILATERAL WATER MANAGEMENT AGREEMENT A Clause-by-Clause Examination

Part III of the guidebook provides details of the major The relevant text from the Agreement is provided at the clauses in the Bilateral Agreement. The clauses are num- beginning of each of the following sections. The reader bered as they appear in the Agreement and each clause should consult the Agreement in its entirety for the com- is analyzed through the four following aspects (where plete text under each clause. appropriate): SECTION 1 AND SECTION 2 1. What does the clause mean? PURPOSE AND CONTEXT

2. Why is it important for protecting These two sections of the Agreement cover its pur- aquatic ecosystems? pose and context. This includes reaffirming com- mitment to the Master Agreement, a general com- 3. Why is it important for climate change? mitment to cooperation, and the list of definitions used in the Agreement. Other parts of this guidebook 4. Why is it important for Indigenous discuss these elements and therefore will not be peoples and the public? addressed here.

SECTION 3 consistent cooperative water management approach 02626 JURISDICTIONAL at the transboundary level pursuant to the Basin-level NWT-ABAB-NWT BWMA approach of the Master Agreement. GUIDEBOOK WATER MANAGEMENT

• Each Party is responsible for decision making THE DEVOLUTION OF AUTHORITY related to Developments and Activities in its OVER WATER IN THE NORTHWEST TERRITORIES jurisdiction, subject to specific limitations in this Agreement. In Canada, most provinces and territories have • Each Party will undertake its Jurisdictional the same basic constitutional authority when it Water Management in a manner that comes to water. Their ability to pass laws relating accords with the purpose and principles to water stems from their jurisdiction over public of the Master Agreement. lands, property, civil rights and other matters. At the start of the negotiations for the Once all seven bilateral WHAT DOES THIS MEAN? Alberta-NWT Bilateral Agreement, within the “Jurisdictional Water Management” means agreements are in Northwest Territories most of these powers that within their borders, Alberta and the Northwest still rested with the federal government. Part place, there will be a Territories will each manage their waters according to way through the process, most of the powers consistent cooperative their own internal laws, regulations, policies, plans and moved to the Government of the Northwest programs. But it also states that the water management water management Territories through a separate process called decisions in Alberta and the Northwest Territories must devolution. As the Agreement negotiations approach at the meet the obligations of the Bilateral Agreement. In ad- neared the end, both Alberta and the transboundary level dition, both Alberta and the Northwest Territories have Northwest Territories had similar authorities agreed to undertake their jurisdictional water manage- pursuant to the Basin- related to jurisdictional water management, ment in a way that is consistent with the purpose and despite very different population sizes. level approach of the principles of the Bilateral Agreement and the Master Master Agreement. Agreement. WHY IS IT IMPORTANT FOR WHY IS IT IMPORTANT FOR PROTECTING CLIMATE CHANGE? AQUATIC ECOSYSTEMS? Climate change may affect all elements of agreement The best way to look after and protect aquatic ecosys- implementation. The Bilateral Agreement provides tems is to use a basin-wide approach. This can be diffi- mechanisms for exchanging information, monitoring, cult when there are multiple jurisdictions with multiple decision-making through Risk Informed Management, interests. Through the Bilateral Agreement, Alberta research and the setting of Transboundary Objectives and the Northwest Territories have agreed on how to that allow Parties to integrate climate change consider- implement the basic principles set out in the Master ations and adaptively manage to meet the terms of the Agreement for protecting aquatic ecosystems. Once all Agreement as climate impacts are felt. seven bilateral agreements are in place, there will be a SECTION 4 WHAT DOES THIS MEAN? RISK INFORMED MANAGEMENT Parties agree to use a Risk Informed Manage- 27 ment approach for all transboundary waters that are AB-NWT BWMA GUIDEBOOK 4.1 GENERAL COMMITMENT shared between Alberta and the Northwest Territo- • The Parties agree to implement a Risk Informed ries. As described in Part II of the guidebook (page Management (RIM) approach for Transboundary 20), this approach ensures that government water Waters in accordance with Appendix A. managers understand the uses of and risks to the waters of the Mackenzie River Basin and manage the A) THE OBJECTIVES OF THE RIM waters with a level of intensity that reflects those uses APPROACH ARE: and risks. This approach is unique to the Mackenzie • To support the achievement of the Principles River Basin and is appropriate here because many wa- of the Master Agreement; terbodies have little or no development, and proactive • To facilitate joint learning, and proactive and actions can avoid ecosystem damage. adaptive actions; The Risk Informed Management approach includes • To inform the allocation of human and the following. financial resources in an efficient and effect • Classification: Classification of transboundary riv- manner. ers to reflect the risks to and uses of the water. • Learning Plans: Development of Learning Plans B) KEY PRINCIPLES INCLUDE: for Class 2 rivers, in which there is some level of • The nature and intensity of Bilateral Water current or planned development and use. Management is commensurate with the • Indicators of Ecological Integrity: Identification nature and intensity of the risks to and uses of Indicators of Ecological Integrity to inform the of Transboundary Waters; setting of Transboundary Objectives. • Bilateral Water Management is based on • Objectives: Establishment and assessment of a mutual understanding of the ecological Transboundary Objectives for Class 3 rivers which Integrity of the Aquatic Ecosystem; may include, but are not limited to: measures of wa- • Bilateral Water Management builds on the ter quality, water quantity, groundwater and biolog- Jurisdictional Water Management actions ical systems. of each Party as required to achieve the • Information use: Consideration of available infor- commitments of this Agreement. mation including ecological science, social science and traditional and local knowledge. • Actions: Actions to achieve the commitments of the Agreement. WHY IS IT IMPORTANT FOR PROTECTING • “Transboundary Objectives” are conditions es- 02828 AQUATIC ECOSYSTEMS? tablished under the Risk Informed Management NWT-ABAB-NWT BWMA The first principle of the Master Agreement is to pro- approach that the responsible Party or Parties will GUIDEBOOK tect the health of the aquatic ecosystem. This is also the meet, and which may include but are not limited to foundation of the bilateral agreements. Potential stresses water quality, water quantity, groundwater, or bio- on the aquatic ecosystem can be many and can contain logical objectives. influences from both inside and outside the Mackenzie The Risk Informed River Basin including the following. With a Learning Plan, Triggers and Transboundary • Climate change; Objectives in place (if needed), the Parties can begin to Management approach • Long-distance transport of airborne pollutants manage the effects of stresses on the waterbody. provides the opportunity such as PCBs that are emitted far away but are car- For Class 3 waterbodies – such as the Slave and Hay to avoid stresses on ried through the air and deposited in the Basin. Rivers which have upstream industrial development and • Reduced flows in surface waters or depleted a high level of traditional use – the Parties will develop the aquatic ecosystems groundwater caused by overuse or diversions. Learning Plans and set Triggers and Transboundary in the Mackenzie River • Pollution of both surface water and groundwater by Objectives on a case-by-case basis. Trends resulting in Basin or to reduce their municipal and industrial users. poorer health of the aquatic ecosystem (for example Many of these stresses are linked, making an integrated declines in water quality or reduced water quantity) will impact as much as approach to risk assessment and management necessary. be addressed through management actions. possible. The Risk Informed Management approach provides Class 4 waterbodies are those that do not meet the opportunity to avoid stresses on the aquatic ecosys- Transboundary Objectives, and where the Ecological tems in the Mackenzie River Basin or to reduce their Integrity of the Aquatic Ecosystem is not being main- impact as much as possible. The type and intensity of tained. In such cases, immediate action is required to management actions increases as one moves from Class 1 move the waters back into a Class 3 state. to Class 3 water bodies. At the time the Alberta-NWT Bi- lateral Agreement was signed, the Slave and Hay Rivers WHY IS IT IMPORTANT FOR were set at Class 3 and all other transboundary waters CLIMATE CHANGE? were set at Class 1. Climate change impacts are already being experienced For Class 2 waterbodies, the Parties will develop in the Mackenzie River Basin. There are indications that Learning Plans to address important water quality, water flows are decreasing in the southern parts of the water quantity, groundwater and biological factors in an Basin and may be increasing in the north. Trends appear integrated manner. Triggers may be established at that to be showing higher flows in winter, an earlier start to stage to support learning and to prepare for the setting spring melting and lower flows during late summer and of Transboundary Objectives. early fall4. The magnitude and frequency of storms is • “Triggers” are specific conditions defined by the increasing, surface water temperatures are warming and Parties that require a Jurisdictional or Bilateral Wa- the health of the land is changing, including the melting of ter Management response. permafrost and increased frequency of forest fires.

4Personal communication; information on file with the authors. A bison on Highway 3 near Fort Providence, NWT What is unknown is the exact timing and magnitude and information gathered from Traditional Knowledge 03030 of the changes that will be experienced as a result of and the general public of either Party. This public input NWT-ABAB-NWT BWMA climate change. There is also uncertainty about future will ensure that the concerns, interests and preferred GUIDEBOOK population growth, economic development in the Basin, options of citizens are accurately reflected in the Risk expectations and approaches to climate change-related Informed Management process. governance and decision-making and future scientific Non-governmental, academic and industrial interests understanding of key ecological processes. Given all these played key advisory and educational roles during the Public involvement will uncertainties, the Bilateral Agreement contains strong negotiations for the Bilateral Agreement and the Parties rules to protect aquatic ecosystems while still being can continue to call upon them during implementation. be critical to the success able to adapt to a changing climate. The Risk Informed The media will also be important for providing informa- of the Risk Informed Management approach provides an adaptive manage- tion to the public, stoking public interest and building Management approach. ment mechanism to respond to future impacts of climate support for water management actions. change. The use of Transboundary Objectives that will be monitored over time and adjusted if necessary allows the Parties to take more aggressive action as required.

WHY IS IT IMPORTANT FOR INDIGENOUS PEOPLES AND THE PUBLIC? A key element of the Risk Informed Management ap- proach is the development of Learning Plans to address important water quality, water quantity, groundwater and biological factors in an integrated manner within a Class 2 or 3 waterbody. Traditional Knowledge and in- formation on the health of the aquatic ecosystems of the Mackenzie River Basin and how they are being used will be considered in every aspect of the Learning Plan, along with western science. The understanding of ecosystem health generated through a Learning Plan will allow for the establishment of site-specific Triggers for action and Transboundary Objectives. Similarly, public involvement will be critical to the success of the Risk Informed Management approach. The users of the land and water are often best positioned to identify water-related problems and opportunities. At least once a year, the Parties will share information about the conditions of, and trends in, the health of the aquatic ecosystem. This will include but not be limited to water, weather information, ecological information, SECTION 5 WHAT DOES THIS MEAN? INFORMATION SHARING, The Parties agree to exchange information on a 31 regular basis to support informed bilateral water man- AB-NWT BWMA NOTIFICATION AND CONSULTATION GUIDEBOOK agement of all transboundary waters that are shared by 5.1 INFORMATION SHARING Alberta and the Northwest Territories. • The Parties shall, as early as practicable Both Parties will notify each other about, share infor- and on a regular basis, exchange sufficient mation on and discuss future “Developments and Ac- available information that will support the tivities” that might harm the health of the other Party’s Early and full sharing of informed Bilateral Water Management of the aquatic ecosystem. information between Transboundary Water including: • “Developments and Activities” are broadly defined ◊ Information about the Ecological Integrity to include “all phases of a project, initiative or activity the Parties is required of the Aquatic Ecosystem, including but from pre-feasibility through to final closure and all and this will feed into not limited to hydrological, meteoro- changes to or new laws, regulations, policies, plans the Risk Informed logical, hydrogeological, and ecological and programs that might affect the Ecological Integ- science, traditional knowledge, and input rity of the Aquatic Ecosystem of the other Party.” Management approach from the public in either jurisdiction; Under the Bilateral Agreement, notification about a ◊ Information about current and future possible development or activity must be done as early Developments and Activities that might as possible. affect the Ecological Integrity of the Aquatic The Parties will consult each other about and rea- Ecosystem of the other Party. sonably address concerns relating to developments and activities that may affect the ecological integrity of the 5.2 NOTIFICATION other Party’s aquatic ecosystem. Once notified, the Par- • The Parties agree to provide, as early ties will discuss the development to ensure that aquatic as practicable, prior notification of health can be protected. At some point, if a project goes Developments and Activities that might through a Party’s legislated environmental assessment affect the Ecological Integrity of the Aquatic process, that process must consider the requirements Ecosystem of the other Party. of the Bilateral Agreement and formal consultation will take place as part of that process. The Bilateral Manage- 5.3 CONSULTATION ment Committee is obligated to address any concerns of • The Parties will consult each other about, the other Party that were not addressed in the environ- and consider and reasonably address in mental assessment process. their decision-making, concerns related to Development and Activities that might WHY IS IT IMPORTANT FOR PROTECTING affect the Ecological Integrity of the Aquatic AQUATIC ECOSYSTEMS? Ecosystem of the other Party. Effective information sharing, notification and consulta- tion are at the heart of cooperative transboundary water management and are critical for protecting the aquatic Bruce Townsen stands in his boat at Ekali Lake, NWT ecosystem. Effective information-sharing ensures that proaches need to be able to respond and adapt to new decision-makers have access to high quality, up-to-date and sometimes unforeseen conditions. An adaptive 33 data and information on ecosystem health. It also en- management approach, which is part of Risk Informed AB-NWT BWMA GUIDEBOOK sures that decision-makers have access to basin-level Management, provides a framework for timely infor- data and information, which is vital for understanding mation-sharing, notification and consultation. This can differences between sub-basins and impacts on down- help Parties plan and address the impacts of climate stream water bodies. change in an uncertain environment. Before the Bilateral Agreement was signed, there Fully engaging were occasions where the downstream jurisdiction WHY IS IT IMPORTANT FOR INDIGENOUS Indigenous peoples in heard about spills that might harm aquatic ecosystems PEOPLES AND THE PUBLIC? through the media or informal contacts. In such cases, The Parties are required to exchange Traditional Knowl- information sharing the opportunities to cooperate and reduce impacts on edge and input from the public to support informed and collaboration is not the health of waterbodies were missed. With the Agree- bilateral water management. This provides an avenue only an obligation, it is ment, early and full sharing of information between the for Indigenous peoples and the public to bring concerns Parties is required, and this will feed into the Risk In- relating to environmental health or proposed develop- also an opportunity for formed Management approach. This information-shar- ments. If a proposed Development or Activity triggers their concerns, values, ing may take place through the Bilateral Management a public environmental review process, the respective ideas, and Traditional Committee or through public environmental review Party will carry out required formal consultation with processes. Indigenous peoples, stakeholders and the public. Knowledge to improve Information will be shared on all Developments Indigenous peoples should be informed about and bilateral water and Activities that may affect the health of the aquatic have the chance to discuss developments and activities management in the ecosystem of the other Party. In addition to information that could impact their way of life. Governments have a about a Development or Activity, this information ex- legal duty to consult and, where necessary, accommo- Mackenzie River Basin. change will include all related scientific and Traditional date the concerns of Indigenous peoples before they Knowledge. Furthermore, each Party will make every take actions or make decisions that may affect Aboriginal reasonable effort to provide any requested information or treaty rights. The Bilateral Management Committee in a user-friendly form. Early notification and discus- can also engage with Indigenous peoples early on, before sion will provide the opportunity for the two Parties to projects reach the environmental assessment and/or proactively protect the shared aquatic ecosystems of the consultation and accommodation stages. Fully engaging Mackenzie River Basin. Indigenous peoples in information sharing and collabo- ration is not only an obligation, it is also an opportunity WHY IS IT IMPORTANT FOR for their concerns, values, ideas, and Traditional Knowl- CLIMATE CHANGE? edge to improve bilateral water management in the The many and varied impacts of climate change and Mackenzie River Basin. the uncertainty around how these changes will man- ifest in the Mackenzie River Basin increase the need for better information-sharing between jurisdictions. In light of this uncertainty, water management ap- SECTION 6 WHAT DOES THIS MEAN? 03434 PROTECTING THE QUANTITY The Parties agree to classify transboundary waters, NWT-ABAB-NWT BWMA develop Learning Plans, set Transboundary Objectives GUIDEBOOK OF SURFACE WATERS for water quantity and carry out monitoring as part of 6.1 GENERAL QUANTITY COMMITMENTS the Risk Informed Management approach. • The Parties will establish and implement RIM The Parties will share water while at the same time classification, Learning Plans, Transboundary ensuring there is enough water to maintain the health, The Federal Department Water Quantity Objectives and monitoring in or ecological integrity, of the aquatic ecosystem. In of Fisheries and Oceans accordance with the RIM approach. general, the upstream party (in this case, Alberta) must recommends that to be • Transboundary Water Objectives will be leave enough water in the waterbody to ensure its eco- based on a seasonal, or otherwise agreed, logical integrity. After this is done, the rest of the water healthy, at least 90 per assessment of the needs for the Ecological may be shared equally between the two jurisdictions cent of a river’s flow Integrity of the Aquatic Ecosystem and for human and industrial use. should be allocated to a commitment to share surface water The Federal Department of Fisheries and Oceans equitably. recommends that to be healthy, at least 90 per cent of a ecosystem use (FAO, • The upstream Party will pass an amount river’s flow should be allocated to ecosystem use.5 This 2013). of water equal to the sum of needs for the leaves about 10 per cent for equal sharing between the Ecological Integrity of the Aquatic Ecosystem Parties (i.e., five per cent each). This is a conservative plus 50% or more of the Available Water to and highly protective approach. the downstream Party, calculated at the This approach for addressing the Ecological Integ- border for each transboundary surface water rity of Aquatic Ecosystems is practical and acceptable body, unless otherwise agreed to by the to both Parties because at present only extremely small Parties. amounts of water are consumed from the transboundary • The responsible Party or Parties will meet waters that are shared between Alberta and the North- Transboundary Water Quantity Objectives west Territories. Water use is expected to remain small as calculated or measured at the border or into the foreseeable future. For example, consumptive designated monitoring station. use in the entire Peace-Athabasca-Slave system is much • The Parties will track and annually report less than one per cent of the natural amount of water Consumptive Use or its surrogate on that flows across the Alberta-NWT border. Transboundary Waters and the achievement of • “Consumptive Use” is water withdrawn from Transboundary Water Quantity Objectives. the Basin that is lost or otherwise not returned to the Basin. This does not include water stored 6.2 NO TRANSFERS BETWEEN BASINS in hydroelectric projects that is later returned • The Parties agree that a license to transfer to the Basin. water into or out of the Mackenzie River Basin However, the amount of water in a river can vary ac- will not be issued in Alberta, unless the license cording to season, so this clause sets out further details is specifically authorized by a special act of the on how to address this. legislature in Alberta. The Parties agree to meet Transboundary Water Quantity Objectives and annually report on consumptive the Mackenzie River Basin. As noted above, the Parties use and the achievement of these objectives. expect these uses to remain very small. 35 AB-NWT BWMA GUIDEBOOK WHY IS IT IMPORTANT FOR PROTECTING WATER QUANTITY AND AQUATIC ECOSYSTEMS? THE SLAVE RIVER (CLASS 3) Alberta and the Northwest Territories favour keeping The Slave River (Class 3) is a very large river water within the Mackenzie River Basin in order to with a complex ecosystem. The Parties have protect the Ecological Integrity of their shared Aquatic decided that for now, Alberta will not consume Ecosystems. This view recognises aquatic ecosystem more than 1.9 per cent of the average annual health as the foundation that supports human life. Diversions out of flow of the Slave River, and will begin to Because water flows in different amounts during the the Mackenzie River discuss and determine next steps regarding year, rivers, especially smaller ones, can have quite a bit of Basin are prohibited, this threshold before they get close to it. Both seasonal variation in water flows. Therefore, it can matter Parties consider this amount to be appropriate greatly when water is withdrawn from a waterbody. The with strict exceptions given the very low current consumptive use, Bilateral Agreement provides an opportunity to protect allowed only by special but if Alberta’s consumption reaches 1.9 waterbodies by allowing for agreement on when water legislation. per cent of the average annual flow, a full may be withdrawn. For example, the Parties may agree to scale ecosystem needs study will be done amounts based on instantaneous, daily, weekly, monthly, to determine exactly how much water can seasonal or annual measurements in order to protect the safely be taken from the Slave River without various needs of aquatic ecosystems as flows change. The putting ecological integrity at risk. These Parties have also agreed that they will avoid withdrawals kinds of studies are very expensive and time- from waterbodies during extreme low flow conditions. consuming, and are not yet needed. WHY IS IT IMPORTANT FOR CLIMATE CHANGE? Inter-basin water diversions Climate change poses additional challenges for protect- A further important aspect of the Surface Water Quantity ing the quantity of surface waters. For example, it causes clause concerns the potential for diversions of water out changes in the magnitude and timing of stream flows. of the Mackenzie River Basin. The Bilateral Agreement As temperatures continue to rise, the impacts of climate handles this issue in a very protective way: diversions out change on surface water will be much larger in Canada’s of the Mackenzie River Basin are prohibited. An act of the North than in the rest of the country. Alberta legislature may make an exception and license a The generally low level of development and low diversion but it is anticipated that this will be a rare excep- amount of water use in the North offers the opportunity tion. A further safeguard will ensure that, even if approved, to adopt exceptionally protective approaches to manag- diversions cannot exceed the total consumptive use within ing water quantity. This allows the Parties much more

5Fisheries and Oceans Canada. 2013. Framework for Assessing the Ecological Flow Requirements to Support Fisheries in Canada. 017. https://www.watershed-watch.org/ CSAS_Flow_Report-2013.pdf CLIMATE CHANGE AND FLOW: WHY IS IT IMPORTANT FOR INDIGENOUS 03636 WHAT WE KNOW PEOPLES AND THE PUBLIC? NWT-ABAB-NWT BWMA As water management decisions can impact their eco- GUIDEBOOK The technical information presented in logical, historical, spiritual, legal and traditional inter- negotiations indicated that there are ests, Indigenous peoples and their knowledge must play important seasonal trends in how much water a central role in identifying changes in aquatic ecosys- flows through some of the Alberta - NWT tems associated with changes in water quantity. A strik- Alberta and the transboundary water bodies. More recent ing example of this was the construction of the W.A.C. analysis suggests that there is also now a Bennett Dam on the Peace River in British Columbia in Northwest Territories statistically significant downward trend in the 1960s. The effects of the dam and subsequent chang- favour keeping water annual Slave River flows at the border.6 These es in flows in the Peace River had an adverse effect on within the Mackenzie trends are not yet large enough to affect downstream waters and the health of the Peace-Atha- management actions, but if they continue they basca Delta, an area that is relied upon by Indigenous River Basin in order to will have to be taken into account in defining peoples for hunting, fishing, trapping and harvesting. protect the Ecological future courses of action. Indigenous peoples felt – and have articulated - dramat- Integrity of their shared ic impacts from the resulting changes to the river.

Aquatic Ecosystems. leeway to adapt to the changes in the aquatic ecosystem. Risk Informed Management is an essential process for adapting to climate change impacts on the quantity of surface waters. A specific example is the determination of the exact quantity of water than can be taken from the Slave River. The Parties will monitor the quantity of water that passes by the Fitzgerald monitoring station near the Alberta-NWT border. If climate change changes the aver- age annual flow, the Parties will discuss it and take ap- propriate action relating to the flow threshold. For more information on Risk Informed Management, see Section 4 (see page 27).

6 Personal communications between Derek Faria (Government of the Northwest Territories) and Ralph Pentland. Blachford Lake, NWT SECTION 7 monitoring station(s). 03838 PROTECTING THE QUALITY • The Parties will track and annually report on NWT-ABAB-NWT BWMA GUIDEBOOK OF SURFACE WATERS monitoring results for Transboundary Water Quality Objectives. • The Parties will establish and implement RIM classification, Learning Plans, Transboundary WHAT DOES THIS MEAN? Water Quality Objectives and monitoring in The purpose of the surface water quality clause is to accordance with the RIM approach. ensure that the quality of water in transboundary waters The Slave and Hay • Transboundary Water Quality Objectives, remains sufficient to protect all uses of the water. This Rivers either have for substances other than those addressed includes uses by biota (fish, invertebrates, birds and other a lot of upstream below will: wildlife) and by humans (drinking water, traditional use, ◊ Be based on an assessment of the needs recreation, agriculture and other uses). The Agreement ad- development, a lot of for the Ecological Integrity of the Aquatic dresses all forms of pollution to surface waters, regardless traditional use in their Ecosystem; of the source. Transboundary Water Quality Objectives will watersheds, or both. ◊ Be sufficiently precautionary in order be designed to protect all uses (including the most sensitive to provide an early warning signal that use or user). The Parties agree to track and annually report They provide a source prompts action appropriate for site-specific on these Objectives and they will not be exceeded. of drinking water to conditions; Some waterbodies may be designated Class 3 water- communities and/ ◊ Consider natural variability, typical condi- bodies because there is a lot of upstream development or tions, and unacceptable change; a lot of traditional use in their watersheds (or both). For or show decreasing ◊ Be intended to protect all uses, including Class 3 rivers, the Parties will develop Learning Plans, water quality for some traditional uses; and set Transboundary Water Quality Objectives and prepare parameters. Both have ◊ Be designed to address seasonal, site spe- Action Plans where necessary to achieve these objectives. cific needs of the Aquatic Ecosystem. Simply developing and meeting the water quality been designated Class 3. • The Parties will avoid water quality objectives may not be sufficient to avoid water quality degradation that may result from their issues in the future. For that reason, the Parties have addition of toxic, bioaccumulative, also agreed to set lower level Triggers (or early warning or persistent substances, as listed signals) to identify and, if needed, begin to address water in Appendix E. (see chart on page 39) quality concerns well before Transboundary Water • The Parties are committed to pollution Quality Objectives are exceeded. The Triggers will re- prevention and sustainable development to flect the unique specifics of each water body. meet the objective of the virtual elimination In addition to naturally occurring substances such of substances that are human-made, toxic, as phosphorus, nitrogen and common metals, the Al- bioaccumulative and persistent, as listed in berta-NWT Bilateral Agreement also addresses toxic, Appendix E. (see chart on page 39) bioaccumulative and persistent substances that may be • The responsible Party or Parties will meet present at low levels in transboundary waters. For these Transboundary Water Quality Objectives as substances, the Parties are committed to meeting the measured at the designated transboundary objective of virtual elimination in the medium- to long- SUBSTANCES THAT HAVE BEEN LISTED AS PERSISTENT, BIOACCUMULATIVE AND TOXIC MONITORED AT MONITORED AT MONITORED AT NOT MONITORED 39 SUBSTANCE SLAVE/FITZGERALD SLAVE/SMITH HAY/BOUNDARY AB-NWT BWMA ✓ ✓ ✓ Aldrin GUIDEBOOK Chlordane ✓ ✓ ✓ Dieldrin ✓ ✓ ✓ Endosulfan ✓ ✓ ✓ Endrin ✓ ✓ ✓ Heptachlor ✓ ✓ ✓ Hexachlorobenzene ✓ ✓ ✓ The Agreement Hexachlorobutadiene ✓ ✓ Hexachlorcyclohexane ✓ ✓ ✓ provides a framework (HCH; alpha, beta, ) to understand and Mirex ✓ ✓ ✓ DDD, DDE, DDT ✓ ✓ ✓ integrate considerations ✓ Toxaphene regarding climate PCBs ✓ ✓ ✓ Pentachlorobenzene ✓ ✓ ✓ change-related Dioxins and Furans X Chlordecone X thresholds so as to Heptabromodiphenyl ether (Hepta-BDE) X avoid crossing them. Hexabromobiphenyl (HBB) X Hexabromobiphenyl ether (Hexa BDE) X Octachlorostyrene X Pentabromodiphenyl ether (Penta-BDE) X Perfluorooctane sulfonate X Tetrabromodiphenyl ether (Tetra-BDE) X term, which means implementing actions to ensure that number of substances. This gives the Parties the chance concentrations are at or below the limits of detection in to initiate water management actions as soon as those transboundary waters. The Parties have agreed on an Triggers are exceeded, instead of waiting until Trans- initial list of such substances. They have also committed boundary Water Quality Objectives are not met. At the to periodically reviewing and updating that list. first level of Triggers, the Parties will review data to confirm that changes in concentrations of a substance WHY IS IT IMPORTANT FOR PROTECTING are in fact occurring. The cause of any changes can then AQUATIC ECOSYSTEMS? be investigated and the risks identified. At a second level The aquatic ecosystems shared by Alberta and the North- of Trigger, a more detailed investigation may result in west Territories in the Mackenzie will be protected as further changes to monitoring and other programs. long as all Transboundary Water Quality Objectives are Mackenzie River Basin residents are concerned met. This is because the Objectives will be set to protect about pollutants that are transported long-range through the most sensitive use (or user) of the water body. the air, and how they may harm aquatic plants and The Parties have already agreed on Triggers for a animals. The research and monitoring provisions in the Students from Kakisa, Fort Providence and Fort Simpson do water monitoring at Ekali Lake, near Jean Marie River Agreement could help to better understand the sources WHY IS IT IMPORTANT FOR INDIGENOUS and influences of airborne pollutants. When warranted, PEOPLES AND THE PUBLIC? 41 further assessments and options can be considered in The involvement of Indigenous peoples in both knowl- AB-NWT BWMA GUIDEBOOK the Learning Plan process. edge generation and decision-making is especially relevant for water quality. Northern rivers are a source WHY IS IT IMPORTANT FOR of drinking water both within communities and for CLIMATE CHANGE? those who live off the land. Many Indigenous peoples in Climate change can affect water quality and quantity both jurisdictions are subsistence hunters and fishers. The involvement of through lake level reductions, alterations in river flow Pollution related to oil and gas development, agriculture, Indigenous peoples and rates and extent of groundwater recharge, increases uranium mining and pulp mills is of particular concern in overland flow of storm water, and loss of wetlands. with regard to the quality of surface waters. The effects in both knowledge The risk of serious or permanent damage to ecosystems of low water levels on water quality and on fish, wildlife generation and decision- is greatest in areas where waters are already stressed and human health are also important issues. making is especially due to high use, competition among water users, and As noted in Part II of the guidebook (page 22), land impaired water quality. As climate change impacts ac- claims in the Northwest Territories include the provi- relevant for water cumulate, a tipping point may be reached where aquatic sion that Indigenous signatories have the right to waters quality. ecosystems are seriously or permanently damaged. entering settlement lands that are “substantially unal- Climate change has led to many surprises that were vir- tered as to quality, quantity and rate of flow.” The ability tually impossible to predict ahead of time. One example is of the Parties to ensure the quality of water in aquatic the discovery of extremely high levels of banned substances ecosystems will also protect the rights of Indigenous like PCBs and DDT along with mercury in some fish in peoples. The provisions in this clause of the Agreement Northern Canada. Although the exact cause is uncertain, help the Northwest Territories ensure that this require- one possible explanation is that these substances have been ment will be met as water crosses into its jurisdiction. lying dormant in the soil and sediment for decades, and The public will also play an important role when it are now being disturbed by climate change-induced heavy comes to surface water quality. There was a lot of pub- rains and snowmelt episodes which lead to more frequent lic interest and feedback on water quality during the and intense surface run-off events. negotiations that led to the Bilateral Agreement. It is There is no question that the impact of climate important that this continue as the Agreement is imple- change on aquatic ecosystems will become more pro- mented. Both Parties have agreed to engage their respec- found as climate changes increase in rate and magnitude. tive citizens on matters relating to the Agreement and As that happens it will be important to avoid situations have committed to providing feedback from the public at where the waters are seriously or permanently damaged. Bilateral Management Committee meetings. The provisions of the Agreement dealing with surface water quality, research and adaptive management ap- proaches embedded in Risk Informed Management pro- vide a framework to understand and integrate climate change-related thresholds to avoid crossing them. SECTION 8 Groundwater reasonably and equitably, as 04242 PROTECTING THE QUANTITY determined on a case-by-case basis. NWT-ABAB-NWT BWMA GUIDEBOOK AND QUALITY OF GROUNDWATER WHAT DOES THIS MEAN? • The Parties will establish and implement This clause was written to ensure there is clean RIM classifications, Learning Plans, and abundant groundwater on both sides of the Al- Transboundary Groundwater Objectives berta-NWT border now and in the future. While little Relatively little is known and monitoring in accordance with the RIM groundwater is currently used in the Mackenzie River approach. Basin, pressures are increasing due to climate change as about the location of • The Parties will manage Transboundary well as gas and oil production, including hydraulic frac- major transboundary Groundwater, including the water quantity, turing, and other types of industrial development that aquifers along the water quality, physical structure and can affect the quality and quantity of groundwater. transboundary surface water systems Relatively little is known about the location of Alberta-NWT border, the supported by Transboundary Groundwater major transboundary aquifers along the Alberta-NWT quantity of groundwater in a manner that is protective and that border, the quantity of groundwater contained in them contained in them or its maintains the Ecological Integrity of the or its quality. Given these aquifers are not subject to Aquatic Ecosystem. high levels of development pressure, the Parties have quality. • The Parties will use and share Transboundary agreed that all transboundary groundwater should be

GROUNDWATER DIAGRAM

UNSATURATED ZONE

SATURATED ZONE WATER TABLE assigned to Class 1 under the Risk Informed Manage- WHY IS IT IMPORTANT FOR PROTECTING ment approach. As implementation of the Bilateral AQUATIC ECOSYSTEMS? 43 Agreement begins, the Bilateral Management Commit- It is crucial that groundwater not be polluted or deplet- AB-NWT BWMA GUIDEBOOK tee will design a way to classify and share transbound- ed because of its importance, not only because people ary groundwater that is similar to the way surface use it for domestic use, agriculture and industry, but also water is classified and shared. because it sustains wetlands, streams, lakes and other If development pressures increase, or concerns are surface waters. Because groundwater moves so slowly, As implementation raised about groundwater quality or quantity in a certain it may take a very long time for polluted groundwater to of the Bilateral area, it will be moved from a Class 1 designation to Class 2. appear. In addition, it is very expensive, and sometimes Agreement begins, the For Class 2 groundwater, the Parties will develop Learning impossible to clean up groundwater once it has been Plans to better understand the resource and the pressures polluted. The best strategy for protecting groundwater Bilateral Management on it. For Class 3 groundwater, the Parties would develop is to ensure that it does not become polluted in the first Committee will design Triggers and Transboundary Groundwater Objectives. place and that it is used sustainably . a way to classify and The groundwater clause also commits the Parties to The Bilateral Agreement uses a Risk Informed Man- use and share transboundary groundwater “reasonably agement approach for transboundary groundwater, simi- share transboundary and equitably,” taking into consideration factors such as lar to that used for surface water quantity and quality. groundwater that is social and economic needs (including human health), This includes the use of a classification system, along similar to the way and existing and potential uses. with Learning Plans, Triggers, Transboundary Ground- water Objectives and monitoring programs as needed. surface water is Until the Risk Informed Management framework is in classified and shared.

LAND SURFACE

SURFACE WATER

GROUND WATER place for groundwater, decision-making on these issues ter, including how it is used, its quality and its quantity. 04444 will be dealt with on a case-by-case basis. Regulatory agencies now want privately-funded science NWT-ABAB-NWT BWMA to support licensing applications for developments such GUIDEBOOK WHY IS IT IMPORTANT FOR as oil and gas development. This kind of project-specif- CLIMATE CHANGE? ic science – some of which, like community based well How climate change affects groundwater, especially in monitoring – can support case-by-case decision-making Canada’s North, is poorly understood. It is predicted by governments. It helps to build a broader information One of the most that groundwater recharge will be reduced as a result of base on groundwater that will eventually be invaluable increased evaporation and an escalation in the number in Risk Informed Management. sensitive, but poorly and intensity of rainfall events which will lead to more understood parts of overland runoff. This will lead to dropping levels in the environment in the aquifers. Hotter temperatures will also increase evap- oration, which will in turn mean less soil moisture and Mackenzie River Basin is less groundwater recharge. The Risk Informed Manage- it’s groundwater. ment approach will both improve our knowledge of the impacts of climate change on groundwater and provide a potential framework for addressing it.

WHY IS IT IMPORTANT FOR INDIGENOUS PEOPLES AND THE PUBLIC? The Mackenzie River Basin connects distinct cultures, those of Indigenous peoples – with strong links to the land supporting traditional ways of life – and non-In- digenous peoples. While all rely on the non-renewable resource sectors, this connection is perhaps most striking when it comes to the impact of large-scale energy projects and other industrial projects that can have an adverse ef- fect on groundwater. Indigenous governments and orga- nizations are understandably seeking a more meaningful role in research, outreach, and negotiations relating to such developments. The Learning Plans for groundwater will specifically include Traditional Knowledge and uses and provide a mechanism for information exchange as well as the involvement of Indigenous peoples. One of the most sensitive, but poorly understood parts of the environment in the Mackenzie River Basin is it’s groundwater. The public and the private sector are also important in providing information on groundwa- SECTION 9 stresses. Biological monitoring can be used as an ear- PROTECTING BIOLOGY ly warning system of environmental change, which 45 allows for an adaptive response. AB-NWT BWMA GUIDEBOOK 9.1 GENERAL BIOLOGICAL COMMITMENTS • Biota can be affected by factors other than water • The Parties will establish and implement RIM quality and water quantity such as cumulative ef- classification, Learning Plans, Transboundary fects, climate change and loss of habitat. Biological Objectives and monitoring in • Contaminants can cause harm to aquatic life or pose accordance with the RIM approach. a health hazard to people who eat fish well before Biota (plants, • The Parties will establish and monitor contaminant concentrations in water indicate there invertebrates, fish biological indicators of the Ecological is a problem. Integrity of the Aquatic Ecosystem in • The presence of invasive species cannot be detected and animals) are accordance with the RIM approach. by monitoring water quality and quantity. sensitive indicators of • Biological Indicators of the Ecological The Parties will identify interim biological Indicators. environmental stresses. Integrity of the Aquatic Ecosystem will be Using the Risk Informed Management approach, the used as required to inform the setting and Parties will develop Learning Plans for Class 2 rivers. Biological monitoring monitoring of Transboundary Objectives, and These will then inform the selection of permanent bio- can be used as an “early the revision of Transboundary Objectives logical Indicators and Triggers for management actions. warning system” of over time. Transboundary Biological Objectives may be established • The Parties will establish Triggers and in the future as deemed necessary. environmental change, associated management actions in Also in this clause, the Parties agree to make man- which allows for an accordance with the RIM approach. agement decisions that are intended to prevent the adaptive response. movement of invasive species into, within or out of 9.2 INVASIVE SPECIES the Basin. • The Parties will make Jurisdictional Water Management decisions in a manner that WHY IS IT IMPORTANT FOR PROTECTING is intended to prevent the movement of AQUATIC ECOSYSTEMS? invasive species into, within, or out of the Aquatic plants, invertebrates, fish and animals are key Mackenzie River basin. parts of an aquatic ecosystem. The use of the Risk In- formed Management approach and biological indicators WHAT DOES THIS MEAN? ensures water managers can identify problems early A Risk Informed Management approach will be on, gain a good understanding of the problem, monitor used to guide management actions relating to aquatic bi- appropriate indicators and take appropriate actions to ota (living things including plants, invertebrates, fish and remedy problems as needed. animals). Specifically, the Parties agree to establish and Invasive species can be very disruptive in plant and monitor biological Indicators for Class 3 Transbound- animal communities and it can be difficult, if not impos- ary Waters (the Slave and Hay Rivers). The rationale for sible, to remove them once they enter a waterbody. The biological monitoring is: Agreement`s emphasis on preventing invasive species from • Biota are sensitive indicators of environmental travelling into, within or out of the Basin is a sound one. Morris Neyelle holds up a lake trout near the shore of Deline WHY IS IT IMPORTANT FOR quality of drinking water downstream of some energy CLIMATE CHANGE? and industrial developments. Indigenous participation 47 Climate change leads to changes in hydrology – how in both the negotiation of the Bilateral Agreement and AB-NWT BWMA GUIDEBOOK water moves and circulates through the air, ground and its implementation is aimed at making sure that Indige- waterbodies – which in turn can affect water quality and nous peoples are collaborators in decision-making. quantity and therefore the plants and animals that use the water. Dramatically increased flows from intensive Use of Traditional ecological knowledge Indigenous participation rainfall events can damage fish habitat. Dropping levels Direct observation by Indigenous peoples is adding to in both the negotiation of groundwater can harm wetland plants and the fish, the understanding of biological and other environmen- birds and mammals that depend on wetlands. tal effects in the Mackenzie Basin. Elders have been of the Bilateral Climate change is also changing plants and animals observing and reporting significant changes in fish and Agreement and its in other direct and indirect ways. For example, as cli- wildlife populations for some time. Traditional Ecolog- implementation is mate change progresses, the range of some species is ex- ical Knowledge (TEK) offers keen insights into animal panding to the north. Some polar species may disappear behaviour, ecological relationships and environmental aimed at making sure as ice cover is reduced or habitats are altered. Melting health. It is an accurate and useful source of information that Indigenous peoples permafrost, more frequent forest fires and more intense in support of Risk Informed Management, which is why are collaborators in storms can result in landslides and other harmful im- it occupies a clear role in the Agreement. Traditional pacts to fish and wildlife. Ecological Knowledge will be used in the development decision-making. To address these challenges, the Bilateral Agree- of Learning Plans and the selection of biological indi- ment is built around the Risk Informed Management cators, Transboundary Objectives and Triggers associ- approach which requires rigorous management actions ated with biological systems. Appendix C to the Alber- when Triggers are reached or Transboundary Objectives ta-NWT Bilateral Agreement lays out the practices for are exceeded. The Parties have taken a protective ap- the use of Traditional and local knowledge in bilateral proach to setting Indicators, Triggers and Transbound- water management. The approach set out in Appendix C ary Objectives, which allow as much flexibility as possi- will work with Indigenous peoples to develop a frame- ble to deal with the uncertainties facing the Mackenzie work for meaningful inclusion of Traditional and local River Basin. knowledge in bilateral water management. Citizens in both Alberta and the Northwest Territo- WHY IS IT IMPORTANT FOR INDIGENOUS ries have identified a number of common interests relat- PEOPLES AND THE PUBLIC? ing to ecosystem health: healthy aquatic ecosystems for The cumulative effects of development and climate their food and drink; travel; economic growth; culture; change are already beginning to affect Indigenous and spirituality. Accordingly, they are potential sources cultures in several ways in the Mackenzie River Basin. of useful information for the development of Learning In some areas Indigenous peoples are changing how Plans and the identification of biological indicators, they fish and hunt. This is due to changes in the habitat Transboundary Objectives and Triggers associated with of water mammals in the Peace-Athabasca and other biological systems. deltas, changes in the taste and texture of fish caught in the Slave River and other rivers, and concerns about the SECTION 10 Cooperative transboundary water management re- 04848 MONITORING ENVIRONMENTAL quires information to determine whether Transbound- NWT-ABAB-NWT BWMA ary Objectives are being met as water crosses the border GUIDEBOOK INTEGRITY OVER TIME from one jurisdiction into another. This is built into the 10.1 MONITORING UNDER THE RIM APPROACH Risk Informed Management approach. Information is • The Parties agree to establish and implement also needed at a regional and basin level to better under- monitoring as needed to satisfy the stand the health of the aquatic ecosystem at that scale. commitments as defined in Appendix I of this Appendix I to the Agreement lists 393 sites within the Agreement. transboundary waters in which water quantity is cur- The monitoring clause in rently measured. Of these, there are 275 sites in which 10.2 REGIONAL AND BASIN-LEVEL water quality is measured, and several sites in which bi- the Bilateral Agreement MONITORING ological aspects of the aquatic ecosystem are measured. is aimed at ensuring that • The Parties recognize the importance of Some monitoring sites are operated by Alberta or the sufficient information long-term data to support the commitments Northwest Territories. Many others are operated under under this Agreement and to provide an early partnership arrangements including the Canada-Alberta gathered at the right warning of potential changes. Hydrometric Agreement, the Canada-NWT Hydromet- time and place using • The Parties will identify, through scientific ric Agreement and the Joint Canada-Alberta Implemen- existing monitoring and traditional knowledge assessment and tation Plan for Oil Sands Monitoring. Learning Plans, priority long-term monitoring Unfortunately, there was a reduction in monitor- stations will be used to stations and data that can be used to ing networks in the North during the 1990s. Since that inform decision-making support implementation of this Agreement time the need for monitoring has intensified because of so the Parties meet the and as part of a regional and/or Basin-level climate change and increasing development pressures, monitoring network. resulting in pollutants being discharged directly and commitments in the indirectly into water through land and air. Recently, Agreement. WHAT DOES THIS MEAN? there have been promising signs of a renewed emphasis It is often said that “we cannot manage what we do on monitoring. One has been the establishment of very not measure.” Long-term monitoring is critical to under- successful community-based water monitoring pro- standing whether significant changes are taking place grams in the Northwest Territories and Alberta. Another in the natural environment. Long-term datasets reveal is the enactment of new legislation in Alberta creating important patterns that allow trends, cycles, and rare an independent monitoring approach, a chief scientist, events to be identified. This is particularly important for and an Indigenous wisdom panel. However, in order to complex, large systems where signals may be subtle and monitor the Ecological Integrity of the Aquatic Ecosys- slow to emerge. The monitoring clause in the Bilateral tem of the Mackenzie River Basin, much more is needed, Agreement is aimed at ensuring that sufficient amounts particularly for biological monitoring. of the right information gathered at the right place and at the right time using existing monitoring stations will be used to inform decision-making so that the Parties meet the commitments in the Agreement. 49 AB-NWT BWMA GUIDEBOOK

The Parties understand that ongoing monitoring over long periods of time is required for effective management MACKENZIE DATASTREAM of transboundary www.MackenzieDataStream.ca waters. Community-based monitoring programs are generating critical data for understanding the Mackenzie Basin’s waters. In order to amplify the impacts of this work, there is growing recognition that water data needs to be made more widely available to the public and decision-makers. This is precisely what community-based monitors are doing online. Mackenzie DataStream is an online open-access platform for sharing water data. This new tool aims to promote knowledge sharing and advance collaborative, evidence-based decision-making Basin-wide. One of the ways it does this is by minimizing or eliminating barriers to data access. At the time of writing, Mackenzie DataStream users can access, visualize and download full water datasets collected by 22 communities. This includes data from 21 communities involved in the NWT-wide community-based water monitoring program and Fort Nelson First Nation from Northern BC. It’s longer- term vision is to include data from communities and other sources from throughout the Basin.

* Map from Mackenzie DataStream showing locations of available data as of November 2016

WHY IS IT IMPORTANT FOR PROTECTING The Parties understand that ongoing monitoring AQUATIC ECOSYSTEMS? over long periods of time is required for effective man- Monitoring is fundamental to Risk Informed Manage- agement of transboundary waters. At any given moment, ment. It is needed to define risk to the aquatic ecosystem a water quality sample could be evidence that water and to classify water bodies. It is also needed to assess quality is decreasing, or it could be a unique measure- whether Triggers have been reached or Transboundary ment that is just a “blip” or an outlier. Long-term moni- Objectives exceeded. Regular reporting of monitoring toring is required to determine whether there is a trend. results allows the Parties, Indigenous peoples and the Because of the need for long-term data sets, the public to see if ecological integrity is at risk. Parties have agreed to keep monitoring sites operational for as long as possible. They will also communicate with to understanding trends and risk, to setting targets and 05050 each other about any changes to the aquatic ecosystem, objectives and to making required changes in manage- NWT-ABAB-NWT BWMA and will encourage monitoring partners to do the same. ment actions. GUIDEBOOK It is expected that the Mackenzie River Basin Board will play an important role in urging the relevant jurisdic- WHY IS IT IMPORTANT FOR INDIGENOUS tions to maintain monitoring sites. All Mackenzie River PEOPLES AND THE PUBLIC? Comprehensive water Basin provinces and territories, and Environment Cana- According to the most recent RBC Canadian Water At- da (which also operates many monitoring stations in the titudes Survey (2016), non-governmental organizations monitoring programs Mackenzie River Basin) participate on the Board. are among the most trusted to provide information to produce benefits for No clear definition of ecosystem health or ecological Canadians about water quality and safety. Governments society many times integrity exists in the Bilateral Agreement; it is left up to are among the least trusted. the Parties to define this based on their specific con- Some of this mistrust, at least in the Mackenzie River greater than their costs. text. After the Parties have learned about the waterbody Basin, might be traced back to Indigenous concerns through Learning Plans, Class 3 waterbodies will have downstream of major energy and other industrial de- Transboundary Objectives that are aimed at maintaining velopments. These concerns can be addressed in part their levels of ecosystem health. Collecting monitoring through community-based monitoring where citizens data over time in a robust monitoring network will help are directly involved in testing and understanding the the Parties better understand the state of the aquatic health of their waters. This engagement builds new ecosystem and how it is changing over time, and will skills, public confidence and increased engagement allow them to identify appropriate management actions. among participants that can lead to increased dialogue and growing trust among Indigenous governments, citi- WHY IS IT IMPORTANT FOR zens, industry and governments as they work together. CLIMATE CHANGE? The Parties recognize the value of traditional and As noted earlier in the guidebook, climate change can af- local knowledge. As implementation of the Bilateral fect groundwater and the quality and quantity of surface Agreement begins, there is an opportunity to link tradi- water. Until recently, government water managers relied tional and local knowledge and governmental, non-gov- on historical water quantity averages and assumed that ernmental and community-based water monitoring in stream flows would be the same in the future as they Risk Informed Management decision-making. At the were in the past. With climate change, this assumption is same time, it is important to respect the ownership and no longer valid. In some parts of Canada, average flows control of Traditional and local knowledge. are changing; in others, the seasonal pattern of flow Long-term, high quality records of key parameters is changing. In some places, annual rainfall has been such as river flow and water quality are essential in to- reduced; in others there are increasing numbers of very day’s world for managing waters and understanding the intense rainfall events. impacts of climate change. Comprehensive water moni- These changes mean that it is ever more important to toring programs produce benefits for society many times have ongoing, reliable information from monitoring net- greater than their costs. The value of evidence-based works. When it comes to transboundary water, having decision-making and water monitoring needs to be more access to high-quality, reliable, multi-year data is vital broadly understood. Clayton and Chris Baton dig ice fishing holes in Deline SECTION 11 WHY IS IT IMPORTANT FOR PROTECTING 05252 SUPPORTING BILATERAL AQUATIC ECOSYSTEMS? NWT-ABAB-NWT BWMA The beneficial uses of some parts of the Basin are, or GUIDEBOOK WATER MANAGEMENT THROUGH RESEARCH AND STUDIES will be, threatened by many factors including: the dis- charge of pollutants to water, long-range transport RESEARCH AND STUDIES of air pollutants, the introduction of invasive species, The Parties agree The Parties, through the Bilateral Management changes in land use and changes in climate. To protect to proactively work Committee will: water systems, we need a sound understanding of how together to identify • Proactively identify research needs in these stresses affect ecosystems, and how the function of aquatic ecosystems changes in response to these cumu- opportunities to carry support of Bilateral Water Management, including but not limited to research on lative and often interrelated factors. Through the Learn- out research in support climate change and other anthropogenic ing Plan process, the Parties intend to gradually improve of bilateral water influences that could affect Bilateral Water their understanding of these complexities, and to use that knowledge to set objectives and design management management. Management. • Explore opportunities to conduct research actions to protect ecological integrity. jointly, and/or in collaboration with others, Cooperative research aimed at predicting and on a case-by-case basis and identify Basin- adapting to climate impacts and identifying change at a level research priorities for consideration by regional and Basin-wide level is also critical to making the Board. good decisions at a local level. Without it, changes that • Consider the results of relevant research and are being observed could be misinterpreted, resulting studies in Bilateral Water Management. in poor management actions that do not protect aquatic ecosystem health. Extensive, multi-jurisdictional coop- WHAT DOES THIS MEAN? eration and pooling of resources over long periods of Many uncertainties exist associated with trans- time are needed to implement effective research. boundary water management in the Mackenzie River Basin, and a number of data gaps, such as the lack of basic WHY IS IT IMPORTANT FOR information on transboundary groundwater. Through CLIMATE CHANGE? the research clause, the Parties agree to proactively work We know that climate change can affect ecosystem together to identify opportunities to carry out research in integrity, but in many cases the specific nature, tim- support of bilateral water management. Since the release ing and magnitude of effects are not well understood. of the Mackenzie River Basin Impact Study in 1996, the The Parties have an opportunity to carry out research, extent and pace of research being conducted in the North either separately or together to address these gaps in by governments, academic institutions, industry and the knowledge. In some cases, it may make more sense for non-government organizations has increased consider- the Parties to identify Basin-level research priorities for ably, mainly because of the rapid pace of climate change. consideration by the Mackenzie River Basin Board. In other cases, it may make sense to address climate change through continent-wide and even global-scale science. WHY IS IT IMPORTANT FOR INDIGENOUS SECTION 12 PEOPLES AND THE PUBLIC? EMERGENCY RESPONSE 53 Much research underway in the Mackenzie River Basin AB-NWT BWMA GUIDEBOOK is led by or done cooperatively with communities living • Each Party will ensure that emergency in the Basin. Community-based monitoring (explained response protocols are in place to address, in Section 10, page 48) is one example of this. Traditional mitigate, and where possible prevent, Knowledge of Indigenous peoples plays an invaluable role adverse effects of emergencies on the The purpose of the in gaining a comprehensive, historical view of the current Ecological Integrity of the Aquatic Ecosystem Emergency Response and future state of the Mackenzie River Basin. There is an of the other Party. clause is to deal with opportunity for Indigenous people and the public to work • The protocols will ensure that the Party with the Parties, the Bilateral Management Committee within whose jurisdiction of the Emergency “a sudden, urgent and the Mackenzie River Basin Board to develop and originates will, without delay, notify the other occurrence or occasion implement research agendas that are responsive to local, Party. beyond the effective regional, and basin needs and priorities. WHAT DOES THIS MEAN? control of a Party, The purpose of the Emergency Response clause requiring immediate is to deal with “a sudden, urgent occurrence or occa- action”. sion beyond the effective control of a Party, requiring immediate action.” This could include, for example, the accidental release of a harmful pollutant or a sudden flooding situation. The goal of this clause is to ensure that emergency response protocols (formal systems of rules) are in place and are followed. These protocols will ensure that the Party where the emergency is lo- cated notifies the other Party without delay. They are also designed to address, mitigate and, where possible, prevent negative effects on the health of waterbodies in the neighbouring jurisdiction.

WHY IS IT IMPORTANT FOR PROTECTING AQUATIC ECOSYSTEMS? Emergency response protocols are important tools for protecting waterbodies. An accidental spill of chemicals, for example, can affect downstream fish or municipal- ities that draw drinking water from the river. Flooding can put downstream people, buildings and infrastructure at risk. The requirement to have an emergency protocol in place means that the upstream Party can move quickly Float planes dock on the South Nahanni River in Nahanni National Park to address the emergency. The requirement for immedi- SECTION 13 ate notification of the downstream Party helps to protect ADMINISTERING THE 55 downstream users from harm. AB-NWT BWMA BILATERAL AGREEMENT GUIDEBOOK

WHY IS IT IMPORTANT FOR • The Parties will establish a Bilateral CLIMATE CHANGE? Management Committee that will be There is now little doubt that climate change will lead responsible for administering this Agreement to more extreme weather events that will result in more and reporting on its achievement. unexpected emergencies, such as more frequent and • The Parties agree that the costs to more intense flooding. Climate change may also increase administer and implement this Agreement the probability of related events such as accidental pol- are subject to each Party’s appropriation, lutant releases through related flooding, land instability allocation of resources, and the 3-5 year and other causes. Similarly, increasing numbers of forest work plan approved in the Agreement fires may lead to more environmental emergencies. WHAT DOES THIS MEAN? The Administration clause sets out how the Agree- ment is to work, including financial and other logistical matters. It confirms the establishment of a Bilateral Management Committee, which is responsible for ad- ministering the Agreement and reporting on it. The duties of the Bilateral Management Committee include: • classifying transboundary waters; • developing Learning Plans, • setting, monitoring and assessing Transboundary Objectives; • providing mechanisms for information, notification and consultation (as outlined in Section 5 and 12 of the Agreement); • developing three- to five-year work plans; and, • submitting annual progress reports to ministers.

As work plans are developed, the committee will imple- ment a review process to continually improve bilateral water management. Furthermore, the Bilateral Management Committee WHY IS IT IMPORTANT FOR INDIGENOUS 05656 develops annual budgets, the funding of which is critical PEOPLES AND THE PUBLIC? NWT-ABAB-NWT BWMA to the implementation of the Bilateral Agreement. It will The Agreement requires the Parties to work closely with GUIDEBOOK be up to each Party as to how they will ensure that suffi- Indigenous people and governments. These governments cient funding is provided for implementation. can be consulted ahead of Bilateral Management Com- The Bilateral Management Committee will meet at mittee meetings and can be asked to attend committee least once a year and may invite other participants, in- meetings. Most importantly, a representative of Indige- cluding representatives of Indigenous governments and nous governments can sit on the Bilateral Management organizations, senior officials, advisors and technical Committee. The hope is that each jurisdiction will take staff to inform their decision-making. It has the ability full advantage of these provisions in the Agreement. As to establish subcommittees to carry out work such as the the Bilateral Management Committee makes decisions, it application of the Risk Informed Management approach. will use information from many different sources, includ- The Agreement specifies that decision-making ing Traditional and local Knowledge. This will allow for will be done by consensus. When consensus cannot be more cooperative water management decisions. reached, other dispute resolving options are laid out. The Bilateral Management Committee is an avenue (These are addressed in Section 14, page 57). for the public to provide input as the Committee ad- dresses issues related to the cooperative management of WHY IS IT IMPORTANT FOR PROTECTING transboundary waters. The public can play an important AQUATIC ECOSYSTEMS? role in the work of this Committee in the following ways. The Bilateral Management Committee is responsible for • The Agreement specifically contemplates implementing the Bilateral Agreement, which is de- public access to the Committee, which signed to ensure the maintenance of aquatic ecosystem plays a key role in assigning resources health. for research and ensuring proper implementation of the Agreement. WHY IS IT IMPORTANT FOR • The public can also bring relevant CLIMATE CHANGE? information to the Bilateral Management Climate change is so important that it is considered Committee via their government throughout the Agreement. Addressing climate impacts representatives. on water through cooperative water management will be The Committee is responsible for implementation of a big challenge for the Bilateral Management Commit- the Agreement and will need to be made aware of pub- tee. Balancing ecological integrity and economic op- lic interests, capabilities and concerns. The Agreement portunity in an uncertain future will not be easy. It will provides plenty of opportunities for a two-way dialogue require a respect for principles and rules and continuous to take place on an ongoing basis. adaptation as things change. In seeking this balance, the Bilateral Management Committee will have to work together, have meaningful public dialogue, and ensure efficient dispute resolution processes. SECTION 14 SECTION 15 RESOLVING DISPUTES AND QUESTIONS KEY PROCESS ELEMENTS 57 AB-NWT BWMA GUIDEBOOK 14.1 RESOLVING DISPUTES AND QUESTIONS 15.2 CONTINUATION IN THE EVENT OF MASTER AT THE BILATERAL MANAGEMENT COMMITTEE AGREEMENT TERMINATION • In the event of a dispute of question, the • In the event of termination of the Master BMC may, where appropriate, undertake one Agreement…this Agreement may continue or more of the following actions: with the consent of both Parties. -- Resolve the dispute by consensus; -- Conduct studies and investigations, using 15.3 AMENDMENT PROVISIONS scientific and/or traditional knowledge; • This Agreement may be reviewed and -- Discuss the dispute or question with the amended by the consent of both Parties. Board and its committees, • Appendices of this Agreement may be -- Prepare a report on the facts and amended by the Bilateral Management circumstances of the dispute or questions; Committee. -- Establish and instruct a panel, consisting of at least one person designated by 15.4 TERMINATION each Party, to prepare a report, and/or to • This Agreement may be terminated by either recommend terms of settlement of the Party upon one year’s written notice to the dispute of questions; other Party, where upon expiry of the notice -- Undertake any other activities as period, this Agreement shall terminate. required. 15.5 ABORIGINAL AND TREATY RIGHTS 14.2 REFERRAL OF DISPUTES TO MINISTERS • Nothing in this Agreement shall be interpreted • Disputes or questions that cannot be in a manner inconsistent with the exercise resolved in accordance with section 14.1 of any existing Aboriginal and treaty rights may be referred to the responsible Ministers. as recognized and affirmed in Section 35 of the Constitution Act, 1982, which include WHAT DOES THIS MEAN? rights now existing by way of land claims A number of options exist to settle disputes or agreements or which may be acquired either questions in the Bilateral Management Committee. They under land claims agreements or otherwise. start by trying for consensus, and also include carrying out studies or investigations, taking the dispute to the 15.6 PUBLIC ENGAGEMENT OR CONSULTATION Mackenzie River Basin Board, or setting up a panel to • Each Party is responsible for engaging or recommend a solution. If all else fails, the matter may be consulting with their public, including Aboriginal sent to the responsible ministers for a decision. peoples, regarding matters pertaining to this Agreement and may bring relevant input for consideration in Bilateral Water Management. Overlooking Sambaa Deh Falls WHAT DOES THIS MEAN? The main process provisions indicate that there 59 is no end point to the Agreement, although the Parties AB-NWT BWMA GUIDEBOOK may withdraw with one year’s notice. They may also amend the Agreement, if both Parties agree. The Bilater- al Management Committee has the ability to amend the Agreement’s appendices. In the event of a termination of The Parties agree that the umbrella Mackenzie River Basin Master Agreement, they will not interpret the Parties can elect to continue with the Alberta-NWT the Agreement in any Bilateral Agreement. Another important process provision is the clause way that might impact relating to Aboriginal and treaty rights. Indigenous any Aboriginal or treaty rights are intimately linked to, and benefit from, healthy right recognized under aquatic ecosystems. The Parties agree that they will not interpret the Agreement in any way that might impact Section 35 of Canada’s any Aboriginal or treaty right recognized under Section Constitution. 35 of Canada’s Constitution. This clause is similar to the wording found in the Master Agreement, but has been slightly modified to ensure that it also protects all rights acquired. A final important process provision is the clause that states that each Party is responsible for engaging or consulting with their public, including Indigenous peoples, on matters that relate to the health of the Mack- enzie River Basin, and to bring that feedback forward for consideration by the Bilateral Management Committee. Working together and involving everyone are keys to the success of the Bilateral Management Committee and the Bilateral Agreement. History has shown that working to- gether towards a common cause is powerful. This clause suggests that the Parties are both committed to engaging with their citizens, which will build citizen interest in the Agreement and help ensure its implementation and its continuing existence. 60 AB-NWT BWMA Conclusions GUIDEBOOK

The Alberta-NorthwestTerritories Mackenzie River Basin Bilateral Water Management Agreement is a binding intergov- ernmental agreement that commits the Parties (the governments of Alberta and the Northwest Territories) to coopera- tive, integrated watershed management in the shared waters of the Mackenzie River Basin. The aim of the Agreement is a far-reaching and comprehensive one: to manage the water resources of the Mackenzie River Basin in “a manner con- sistent with the maintenance of the Ecological Integrity of the Aquatic Ecosystem.” It is one of the most comprehensive agreements of its kind anywhere in the world.

A view of the Hay River, near Alexandra Falls Key elements of the Agreement include the following: • The Parties agree to work together on research to support bilateral water management. 61 AB-NWT BWMA ECOLOGICAL INTEGRITY OF AQUATIC ECOSYSTEMS GUIDEBOOK • A unique aspect of the Agreement is its emphasis on ROLES FOR THE PARTIES, INDIGENOUS putting aquatic ecosystem needs before allowing water PEOPLES AND THE PUBLIC to be withdrawn for other purposes with the intention of • Alberta and the Northwest Territories will each keeping at least 90 per cent of a river’s flow in the river. manage their waters according to their own internal • The Parties will ensure that emergency protocols are in laws, regulations, policies, plans and programs, place to address, mitigate, and, where possible, prevent but water management decisions in across both the adverse effects of emergencies on the Ecological jurisdictions will be subject to the obligations of the Integrity of the other Party’s Aquatic Ecosystem. Alberta-NWT Bilateral Agreement. • The Parties will strive for virtual elimination of toxic, • The administration of the Agreement will be carried bioaccumulative and persistent substances. out through a Bilateral Management Committee. • The Agreement provides extensive opportunities RISK INFORMED MANAGEMENT for involvement by Indigenous governments and • Risk Informed Management will be used to guide organizations. management actions for all waterbodies including • There are also many opportunities for the public groundwater, and associated aquatic plants, animals, (citizens, government agencies, non-governmental fish and invertebrates. It includes: the issuing of organizations, academics and the private sector) to be status reports, the development of Learning Plans, involved in the Agreement’s implementation. the establishment of Triggers for early detection of environmental change, the establishment of The signing of the Alberta-NWT Bilateral Agreement was a Transboundary Indicators for water quantity, water major historical achievement and a landmark in the journey to quality and groundwater, the establishment of protect the Mackenzie River Basin from the impacts of climate biological indicators and the initiation of Action Plans. change, as well as municipal and industrial use and activities. In signing the Agreement, the Parties have committed to cooperate in MONITORING AND INFORMATION SHARING good faith to achieve the principles of the Mackenzie River Basin • The Parties commit to establish, implement and Transboundary Waters Master Agreement. Successful implemen- continue to support long-term monitoring that is tation will depend in large part on the engagement of citizens and needed to satisfy the commitments outlined in the communities across the Basin and the fundamental willingness of Agreement. participants to work together to achieve the common goal of main- • The Parties commit to the use of Traditional taining the Mackenzie for current and future generations. Knowledge and input from the public along with western science. • The Parties commit to exchanging information about the Ecological Integrity of the Aquatic Ecosystem and current and future developments that might affect the Ecological Integrity of the other Party’s Aquatic Ecosystem. 06262 NWT-ABAB-NWT BWMA GUIDEBOOK Links and Resources

Alberta-Northwest Territories Mackenzie River Basin Bilateral Water Management Agreement http://www.enr.gov.nt.ca/sites/default/files/ab-nwt_water_management_agreement_final_signed_2.pdf

Consultation process to negotiate the Alberta-Northwest Territories Bilateral Agreement (from the Northwest Territories perspective) http://www.enr.gov.nt.ca/programs/water-management/nwt-alberta-mackenzie-river-basin-bilateral-water- management-agreement

Consultation process to negotiate the Alberta-Northwest Territories Bilateral Agreement (from the Alberta perspective) http://esrd.alberta.ca/water/education-guidelines/mackenzie-river-basin-bilateral-water-management- agreements.aspx

Forum for Leadership on Water (FLOW) http://www.flowcanada.org/

Government of Northwest Territories webpage on the Alberta-Northwest Territories Mackenzie River Basin Bilateral Water Management Agreement http://www.enr.gov.nt.ca/programs/water-management/nwt-alberta-mackenzie-river-basin-bilateral-water- management-agreement

Mackenzie DataStream http://www.MackenzieDataStream.ca

Mackenzie River Basin Board http://www.mrbb.ca/

Mackenzie River Basin Transboundary Waters Master Agreement http://www.mrbb.ca/uploads/files/general/19/mackenzie-river-basin-transboundary-waters-master- agreement.pdf

The Gordon Foundation http://www.gordonfoundation.ca/ Ducks fly over Tathlina Lake, NWT Lloyd and Anita Chicot boat to camp on Tathlina Lake, NWT