LegiStorm

Summary:

The Columbia River Treaty (CRT or Treaty) 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 to provide for flood control and electric power. The Treaty was the result of more than 20 years of negotiations between the two countries and was ratified in 1961. Implementation began in 1964. The Treaty provided for the construction and operation of three dams in Canada and one dam in the United States whose reservoir extends into Canada. Together, these dams more than doubled the amount of reservoir storage available in the basin and provided significant flood protection benefits. In exchange for these benefits, the United States agreed to provide Canada with lumpsum cash payments and a portion of downstream hydropower benefits that are attributable to Canadian operations under the CRT, known as the Canadian Entitlement. Some have estimated the Canadian Entitlement to be worth as much as $335 million annually. The CRT 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. If the CRT is not terminated or modified, most of its provisions would continue indefinitely without actions by the United States or Canada. The only exception is the CRT’s flood control provisions, which are scheduled to transition automatically to “called-upon” operations at that time, meaning the United States would request and compensate Canada for flood control operations as necessary. To date, neither country has given notice of termination, but, following internal government Treaty reviews, both countries indicated interest in its modification. Perspectives on the CRT vary. Some believe the Treaty should include stronger provisions related to tribal resources and flows for fisheries that are not in the Treaty; others disagree and focus on the perceived need to adjust the Canadian Entitlement to reflect actual hydropower benefits. The U.S. Army Corps of Engineers (USACE) and the Bonneville Power Administration, in their joint role as the U.S. Entity overseeing the Treaty, undertook a review of the CRT from 2009 to 2013. Based on studies and stakeholder input, they provided a Regional Recommendation to the U.S. State Department in December 2013. They recommended continuing the Treaty with certain modifications, including rebalancing the CRT’s hydropower provisions, further delineating called-upon flood control operations after 2024, and incorporating into the Treaty flows to benefit Columbia River fisheries. For its part, the Canadian Entity (the Province of British Columbia) released in March 2013 a recommendation to continue the CRT with modifications “within the Treaty framework.” It disputed several assumptions in the U.S. Entity’s review process. Following a two-year federal interagency review of the U.S. Regional Recommendation, the U.S. State Department finalized its negotiating parameters and authorized talks with Canada in October 2016. Between 2018 and 2023, U.S. and Canadian negotiating teams held 18 rounds of negotiations. President Biden and Prime Minister Trudeau announced an agreement in principle on terms of modernization of the Treaty on July 11, 2024. Proposed Treaty amendments reportedly include a reduction of hydropower sent to Canada and terms for U.S. payments for Canadian flood control, among other things. On November 25, 2024, the State Department announced implementation of interim measures consistent with the proposed amendments. Past Congresses have held oversight hearings and weighed in on CRT-related activities through their oversight roles. The 117th Congress enacted new authority for USACE to carry out post2024 called-upon flood control operations, and the 118th Congress is considering funding for these activities. While the executive branch holds the power to renegotiate the Treaty, any changes to the CRT’s text would require the Senate’s advice and consent.