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by David Wiwchart
Ha-Shilth-Sa Reporter
Feb. 9, 2006

Port Alberni - A Uchucklesaht question on bulk water exports created a stir in the Nanaimo-Alberni election campaign.

Uchucklesaht Chief Councillor Charlie Cootes asked for support for the possible shipping of Henderson Lake water to buyers in the United States.

"Henderson Lake receives eight to ten metres (26 - 33ft) of rain each year, and the sale of water has the potential to become the new resource industry on the west coast," said Cootes when he addressed Port Alberni City Council on the issue two years ago. "It's the ultimate renewable resource," he said.

According to Cootes, the Uchucklesaht Tribe has been meeting with a number of US-based water companies over the past few years, but has not solidified a formal arrangement as of yet.

When Charlie Cootes Sr. raised the issue at an NTC sponsored all-candidates meeting at Hupacasath House of Gathering in December, incumbent Member of Parliament Dr. James Lunney said he would support any First Nation using its resources for economic gain. His answer irked NDP candidate Manjeet Uppal who wrote to Conservative Leader Stephen Harper asking for clarification of the party's position on bulk water exports, saying local Tory candidate Lunney may be out of step with his own party.

"I have not heard Stephen Harper promote the export of bulk water in any public way and yet Mr. Lunney is beating the drum on this issue at every all-candidate's meeting. I think Canadians and voters in this riding deserve to know the official Conservative position on this critical issue prior to casting their ballot next Monday," Uppal wrote in a press release. "This is a major national issue and one that Canadians are very concerned with. It is critical that Mr. Harper sends a clear message to Mr. Lunney that freelancing on such a fundamental issue is not on."

Uppal obtained a video copy of the meeting, and had his volunteers transcribe the speeches to show Lunney was in favour of bulk water exports. Unfortunately for Uppal, the volunteer threw an extra sentence in to prove the point, which led to a public apology from Uppal, and a threat of legal action from Lunney.

Currently, Canada has a moratorium on bulk water exports because of the legal quagmire they'd be entering into, and the difficulty involved in managing exports to the United States under the North American Free Trade Agreement (NAFTA).

"Water, as other natural resources, is not considered a good and therefore is outside the scope of the trade agreements, including the NAFTA," said Ricardo del Castillo from the North America Trade Policy Division of International Trade Canada. "The NAFTA countries reinforced this viewpoint in December 1993 when they issued a joint statement, in the context of the NAFTA coming into force, which indicated that 'unless water, in any form, has entered into commerce and becomes a good or product, it is not covered by the provisions of any trade agreement, including the NAFTA'. Water in its natural state in lakes, rivers, reserviors, aquifers and the like is not a good or product," he said.

As long as no company succeeds in getting export approval, Canada may argue that NAFTA rules simply do not apply to bulk water exports. But as soon as an export permit is issued, water would undeniably become a tradable good and, therefore, subject to the full array of free trade rules. This explains why several groups have recently renewed their calls for provincial legislation similar to Canada's ban on bulk water exports.

Henderson Lake is one of the rainiest spots on the continent, but for any company to access the water, the Uchucklesaht Tribe would have to be involved as any pipeline would have to be put through their lands.

"It won't be too far down the road when the federal government will open the taps on bulkwater shipments, so we hope to be the first in line for economic gain should that happen," said Cootes. "We could ship water down to Seattle anytime we want and call it an Aboriginal Right, but we're willing to go through proper protocols to help relations between our governments, and we'll see how that goes," he said.

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Copyright Ha-Shilth-Sa Newspaper, published by the Nuu-chah-nulth Tribal Council. Reproduction of this article or photographs, in whole or in part, is illegal without the written consent of Ha-Shilth-Sa Newspaper (hashilth@nuuchahnulth.org)


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