Settlement Signifies Landmark Acknowledgement of Loss of Water Rights
Esk’et, B.C.: In a landmark negotiated settlement, Esk’etemc has received a settlement in excess of $147 million from the Federal Government of Canada (Canada), acknowledging the loss of water rights and the hardship suffered by generations of Esk’etemc people. Since 2003, Esk’etemc has been pressing Canada through the Specific Claims process to acknowledge the breach of its fiduciary duties to the Esk’etemc by not obtaining and safeguarding Esk’etemc’s water rights, water records and dam, and preventing it from constructing an irrigation ditch. A Specific Claim for the alienation of water rights was first submitted to Canada’s Specific Claims Branch by Esk’etemc over 20 years ago. The victory now is an important one to the Esk’etemc people who gratefully acknowledge the Elders and other former and present Esk’etemc leaders who helped move the claim forward and obtain the settlement.
“The settlement process has been a long process for our people, and we are proud of the work that has been done to prove the loss of our rights,” shared Esk’etemc Kukpi7 (Chief) Fred Robbins. “My dad, who was on our Band’s Council for over 20 years, is not here today to see the successful outcome of this Specific Claim. I wish he could be here to witness this along with all the other Elders. They have all passed on, but they all contributed significantly to this Specific Claim.”
In 1861, the first Indian Reserve (IR) in Esk’etemculucw (Esk’etemc territory) was established at what is now IR #1. The reserve was only 40 acres and not enough land for the Esk’etemc to live on. Esk’etemc and other Indigenous communities were fighting to get land, and by 1881, the Indian Reserve Commission sent Commissioner Peter O’Reilly to Esk’etemculucw. O’Reilly surveyed the land and designated Indian Reserves #1 through #7, including IR #6, Wycott’s Flat or Tsqewt, the traditional name for Wycott’s Flat. When Canada laid out IR #6, all the water from Vert Lake, which lies to the southeast of the reserve, was set aside by the government in Water Record #142A for the use of the Esk’etemc to irrigate IR #6. An irrigation ditch was also surveyed.
By the 1890s, the Esk’etemc started to work on the irrigation ditch from Vert Lake to Tsqewt. After two years of hand digging the irrigation ditch with picks and shovels for 5.5 kilometres, Canada told the Esk’etemc to stop the work, just 1 kilometre from their goal. In 1925, Canada abandoned Water Record #142A, allowed water rights to be granted to settlers to the detriment of Esk’etemc, and the irrigation ditch has been lying dormant ever since.
“As a result of not having any water, IR #6 remained winter pasturage for horses,” noted Dr. Beth Bedard, Archaeologist and Anthropologist on the Tsqewt Specific Claim team. “One can’t help but think that with the social conditions at that time, the small reserves, and the lack of resources, if the community would have had irrigated land, they could have grown crops. It could have made such a tremendous difference in the quality of life for the Esk’etemc.”
For the Specific Claim process, experts were needed to prove the loss.
“There were two aspects to the process,” remarked lawyer Stan Ashcroft who has been working on this Specific Claim with Esk’etemc for over 20 years. “One is the value of the land; what would the land have been worth if it had water versus if it didn’t have water. Two is about crops; presumably, the crops would have had value. Tsqewt is beautiful land and there was a report that had shown it was capable of growing anything if it had access to water – but it did not.”
“The settlement amount for the loss of water rights is substantial, but the impacts on generations of Esk’etemc who lived in poverty because of the loss of water rights is also substantial,” shared Kukpi7 Robbins. “This settlement will allow us to plan for a better future for our community, our children, our Elders, and generations to come. It will give us a chance to heal and is a step toward reconciliation.”
The next step is for the Esk’etemc to determine how to utilize the settlement, a large responsibility being shared by the Esk’etemc community, a Tsqewt Community Planning group, plus Kukpi7 and Council. Councillor Kerry Bouchard-Chelsea is hopeful for what the future holds for the Esk’etemc.
“I could see the settlement dollars being used to reinvest into our future generations,” noted Bouchard-Chelsea. “Our hope is that the Esk’etemc people in the future can look back and realize that the programs, services, and help that the Band was able to put forward has potentially stemmed from this settlement.”
Kukpi7 and Council have extended an invitation to the Crown-Indigenous Relations Ministry to join them for a special community celebration on August 6, 2024, in Esk’et. The event will be an opportunity to celebrate and acknowledge the many decades of hard work led by Esk’etemc Elders and leadership to reach this settlement agreement with Canada. A video is available to watch and share: www.bit.ly/TsqewtStory
