LegiStorm

Summary:

The Columbia River Treaty (CRT, or Treaty), signed in 1961, is an international agreement between the United States and Canada for the cooperative development and operation of the water resources of the Columbia River Basin for the benefit of flood control and electric power.1 Precipitated by several flooding events in the basin (including a major flood in the Northwest in 1948), the CRT was the result of more than 20 years of negotiations seeking a joint resolution to address flooding and plan for development of the basin’s water resources. The Treaty provided for 15.5 million acre-feet (MAF) of additional water storage in Canada through the construction of four dams (three in Canada, one in the United States). This storage, along with agreed-upon operating plans, provides flood control, hydropower, and other downstream benefits. In exchange for these benefits, the United States agreed to provide Canada with lump-sum cash payments and a portion of hydropower benefits. Implementation of the CRT began in 1964.2 The Treaty has no specific end date. Currently, either the United States or Canada can terminate most provisions of the CRT with a minimum of 10 years’ written notice. The U.S. Army Corps of Engineers (Corps) and the Bonneville Power Administration (BPA), in their designated role as the U.S. Entity, undertook a review of the Treaty beginning in 2011. Based on studies and additional stakeholder input, the U.S. Entity made its recommendation to the U.S. Department of State in December 2013. If the Treaty is not terminated or modified, most of its current provisions would continue indefinitely without action by the U.S. or Canadian Entities, with the notable exception of flood control operations, which are scheduled to end in 2024 and transition to “called-upon” operations.3 Perspectives on the CRT and its review vary. Some believe that the Treaty should continue but be altered to include, for example, guarantees related to tribal resources and fisheries flows that were not included in the original Treaty. Others believe that the Canadian Entitlement should be reduced to more equitably share actual hydropower benefits, or be eliminated entirely. For its part, Canada has stated that without the Canadian Entitlement (or with alterations that would decrease its share of these revenues), it would see no reason for the Treaty to continue. The final Regional Recommendation to the State Department, coordinated by the U.S. Entity, was to continue the Treaty post-2024, but with modifications. The State Department has since finalized its proposed negotiating parameters, although they are not available to the public. The Canadian recommendation, finalized in March 2013, also favored continuing the treaty, but with modifications “within the Treaty framework,” some of which were considerably different than those recommended by the United States. The executive branch, through the State Department, is responsible for negotiations related to the CRT. However, the Senate, through its constitutional role to provide advice and consent, is entrusted with the power to approve, by a two-thirds vote, treaties negotiated by the executive branch. Changes to the CRT may or may not trigger such a vote; in any case, the Senate may choose to review any changes to the CRT, including a termination notice.4 In addition, both houses of Congress may choose to weigh in on ongoing Treaty review and negotiation activities by the U.S. Entity, as well as having to enact any authorizations or appropriations that may be necessary for federal agencies pursuant to the Treaty’s framework (e.g., guidance called-upon flood control operations). This report provides a brief overview of the Columbia River Treaty review. It includes background on the history of the basin and consideration of the treaty, as well as a brief summary of studies and analyses of the Columbia River Treaty review process to date.