Columbia River Treaty Review

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 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 lump-sum 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, and most of its provisions would continue indefinitely without action by the United States or Canada. Beginning in September 2024, either nation can terminate most provisions of the Treaty with at least 10 years’ written notice (i.e., starting as early as 2014). If the CRT is not terminated or modified, most of its provisions would continue, with the exception of its 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).

The U.S. Army Corps of Engineers 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 State Department in December 2013. They recommended continuing the Treaty with certain modifications. Among other things, these included 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. The State Department currently is leading a federal interagency review process to determine the U.S. approach to Treaty review.

Perspectives on the CRT and its review vary. Some believe the Treaty should include stronger provisions related to tribal resources and flows for fisheries that were not in the original Treaty; others disagree and focus on the perceived need to adjust the Canadian Entitlement to reflect actual hydropower benefits. 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 and recommendations in the U.S. Entity’s review process.

Since early 2014, the U.S. approach to CRT negotiations with Canada has been under review by a federal Interagency Policy Committee, coordinated by the State Department. To date, there has been no official U.S. position or timeline announced by the committee or the State Department. In an April 2015 letter to President Obama, the Northwest congressional delegation urged the Administration to move forward with Treaty negotiations.

If the executive branch comes to an agreement regarding modification of the CRT, the Senate may be asked to weigh in on future versions of the Treaty pursuant to its advice and consent role. In addition, both houses of Congress may weigh in on CRT review and negotiation activities through their oversight roles.