On September 26th, the International Joint Commission (IJC) announced the formation of the International Elk-Kootenai/y Watershed Study Board. The eight-member, transboundary Study Board will be co-chaired by Oliver M. Brandes (Centre for Global Studies and POLIS Project on Ecological Governance, University of Victoria) and Tom Bansak (Flathead Lake Bio Station, University of Montana). The independent Study Board will work to convene experts and knowledge holders to conduct transparent and coordinated transboundary data and knowledge sharing, and analyze data and information to support a common understanding of pollution impacts in the watershed and offer options and recommendations to address the concerns. Board efforts will be supported by expert technical working groups and IJC staff.
The IJC was established by the 1909 Boundary Waters Treaty between Canada and the United States to help the two governments prevent and resolve disputes related to boundary waters. As a binational institution, the IJC maintains its independence and strict impartiality in the performance of its duties.
“Study Boards are an important dimension of how the IJC does its work and I am honoured to be co-chairing the International Elk-Kootenai/y Watershed Study Board,” said Oliver M. Brandes. “Collaboration is a key element of effective watershed governance, and I value the prioritization of inclusive engagement, a focus on governance issues, and knowledge sharing between Indigenous and non-Indigenous partners within the Study Board’s priorities and design.”
The formation of this IJC Study Board is pursuant to the Reference provided to the IJC by the Governments of Canada and the United States in March 2024, which was developed in partnership with the Ktunaxa Nation. This is a historic moment for Canada-United States transboundary relations as it represents the first time that Indigenous Peoples have played a crucial role in the development of a Reference to the IJC under the Boundary Waters Treaty of 1909. The involvement of Ktunaxa Nation is necessary to addressing pollution in the watershed because it provides a fuller perspective and it emphasizes governance; all affected authority holders have an important role in the process of decision-making. The IJC has ensured that Indigenous Peoples and Indigenous knowledge will be a crucial part of the Study Board and its work, including through participation on the Study Board itself.
The principal functions of the IJC Study Board will be to:
- Convene experts and knowledge holders to conduct transparent and coordinated transboundary data and knowledge sharing.
- Share, synthesize, and analyze data and information to support a common understanding of pollution within the watershed and its impacts on people, ecosystems, and species.
- Report and recommend in a transparent and publicly available format on matters specified in the Study Board’s Directive, including those related to understanding and exploring watershed governance options.
The Reference, the Proposal, and the establishment of the Study Board are the result of extensive dialogue and cooperative initiatives involving U.S. and Canadian federal agencies; provincial, state, and Indigenous governments; and stakeholders regarding the impacts of pollution in the watershed.
“We look forward to advancing this conversation and collectively developing a robust understanding of the ecological impacts as well as thoughtful recommendations, including paths forward for decision-making in the Elk-Kootenai/y watershed,” said Oliver M. Brandes.
Over the next two years, the Study Board will report and make recommendations on the matters set out in the Reference. It is expected to submit an interim report in the fall of 2025 and a final report September 2026.
The Elk River rises in the Canadian Rockies and flows into the United States at Lake Koocanusa (also known as Koocanusa Reservoir), an impoundment of the Kootenay/Kootenai River. It then flows through the states of Montana and Idaho, and through transboundary Ktunaxa lands, on its way back to the province of British Columbia, where it empties into the Columbia River.
