Coldwater Indian Band seeks leave to judicially review federal approval

FOR IMMEDIATE RELEASE

January 17, 2017

Coldwater is challenging the Trudeau Government’s November 29, 2016 approval of Kinder Morgan’s Trans Mountain pipeline expansion project in Federal Court.

The court challenge focuses on the Crown’s decision to approve a route through the Coldwater Valley, south of Merritt BC that poses the greatest threat to the Band’s drinking water – an underground aquifer that provides well water to the community – despite alternative routes being available. Kinder Morgan failed to identify the aquifer in its planning and selected its preferred route through the Coldwater Valley without even knowing about the aquifer.  Potential impacts on the aquifer were not studied prior to the Government approving the project.

“Water is life,” said Coldwater Chief Lee Spahan. “My Band’s situation is just like what the Standing Rock Sioux were facing - our primary source of drinking water is under threat and there is no need for it. Coldwater Chief and Council are gravely disappointed by the Crown’s failure to take our concerns seriously.”

In a November 2016 letter to Coldwater, the Government of Canada’s “Crown Consultation Lead” acknowledged that if hydrocarbons were to be accidentally discharged from the proposed pipeline on this planned route, “it may be impossible to remediate a groundwater aquifer to potable standards once it has been contaminated by hydrocarbons.” The letter also acknowledged that “understanding the local-scale groundwater flow regime is essential to an assessment of the vulnerability of Coldwater’s water supply wells to risks from the various pipeline routing alternatives considered by the proponent” but the government approved the project without having that understanding.

There is no other viable water source for this residential and agricultural reserve, but there are other viable routes for the pipeline. While Kinder Morgan initially tabled an alternative pipeline route – the “West Alternative” – that would not pose the same threat to Coldwater’s drinking water, it unilaterally withdrew that more costly route from consideration by the National Energy Board without notice to or consultation with Coldwater.

The West Alternative would be more costly than Kinder Morgan’s chosen route, but Kinder Morgan itself has said that it’s feasible. “The Crown’s decision to put our drinking water at risk merely because Kinder Morgan does not want to consider another viable, but more costly, alternative route through our territory is profoundly troubling” says Chief Spahan.

Trans Mountain and the Crown responded to Coldwater’s challenge on January 16, 2017. The Crown has taken no position. Coldwater will have five days to respond to Trans Mountain, following which the Federal Court of Appeal will decide whether Coldwater’s court challenge can proceed.

For more information, please contact:

Chief Lee Spahan, Coldwater Indian Band, 250-378-6168 (Band Office)

Matthew Kirchner, Ratcliff and Company LLP, 604-988-5201 or 604-786-0451 (Cell)