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$147.6M settles B.C. First Nation's 131-year-old water rights claim

Esk'etemc Chief Fred Robbins said it is an opportunity many leaders across Canada have never had
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Esk'etemc First Nation has signed an historical settlement for $147M with the federal government.

A B.C. Interior First Nation community will receive a $147.6 million settlement with the federal government through a specific claim regarding water rights.

"This is an opportunity so many First Nations leaders in Canada have never had," said Esk'etemc Kukpi7 (Chief) Fred Robbins from his community south of Williams Lake at Alkali Lake.  "It's a learning process for our community because we have never had this amount of monetary compensation."  

The money will help create a better future for the elders, the youth, and community for generations, he said. 

"It will give us a chance to heal and move forward in reconciliation with the different settlers that are in our territory and moving forward I think it is an opportunity for the provincial and federal governments to actually engage with Esk'etemc on reconciliation." 

He said the interests of the community members and all of the membership, which numbers about 1,000 on and off reserve, will be included in discussions about the future. 

Historically, a reserve for Esk'etemculucw (Esk'etemc Territory) was first established in 1861. 

At the time it only covered 40 acres so Esk'etemc was fighting to get more land. 

By 1881, their community expanded to have more portions of land, including IR #6 - Wycott's Flat or Tsqewt which included water from Vert Lake. 

"The whole idea when they got the reserve was that it would have water," said lawyer Stan Ashcroft, who has worked with the community for the last 30 years, 24 on the water claim. "It is totally flat, it's got really good soil and that was the whole purpose for having that as a reserve because they could grow crops."  

People of Esk'etemc started to work on an irrigation ditch in the 1890s from Vert Lake to Wycott's Flat, he said. 

They dug with picks and shovels for 5.5 kilometres but then were told to stop by the federal government when they only had one kilometre left to go. 

"Canada decided that would not support Esk'etemc, for what was then known as the Alkali Lake Indian Band, in water for the reserve which it had to have," Ashcroft said. 

Water rights from Vert Lake were granted to other people and so there wasn't sufficient water.  That is why the Esk'etemc couldn't get water from it, Ashcroft said.

"It went to a number of ranches back in the 1890s." 

The first complaint about the water rights were from Esk'etemc Chief August and the community back in 1893. 

"They were saying then, 'hold on, we didn't get what we were promised,' which was a reserve that would have water," Ashcroft said. 

Dr. Beth Bedard is an archaeologist and anthropologist who has been working with the community since the late 90s on various projects, ranging from treaties to specific claims. 

She has done research, interviews with elders, field work, archival and oral history research, sharing the information with the legal team, chief and council and community members. 

"There is quite a bit of archival information about the water rights," she confirmed. 

Proud of the commitment of the community, she said it goes back to the 1800s to address the loss of their land when the first settlers came to the area. 

"There's an oral history behind that I think should be told by an elder - the gradual erosion of the land that the community had access too, the pre-emption, the fencing and so on. Through the years, the land the community has had to survive on has diminished and decreased considerably," Bedard said. 

Since colonization the community has been speaking out for their rights for the land and the right to exist as a culture and a community. 

Elders, who have now died, spoke eloquently about their land, resources, and responsibility as Esk'etemc to steward the land and look after it, Bedard said. 

The settlement is a powerful confirmation of everything the elders fought for. 

"It's a wonderful moment that the government has finally recognized the injustices to the Esk'etemc community." 

When asked if the community could get proper irrigation one day, Chief Robbins said that will require economic development planning and discussions with Indigenous Services Canada. 

"When we look at the scope of the reserve itself and the potential that's there we are definitely going to have to put some funds toward it to improve it," Robbins said. "The first would be access because right now it's basically a horse trail going down to IR#6." 

The trail goes through a neighbouring ranch so Robbins said they will be working with the ranch as well. 

One regret Robbins has is achieving the claim after the death of his parents. 

His dad, Phillip Robbins was a council member who spoke very highly of the potential for the community if it had the water rights, while his mom, Marlene Chelsea, was an advocate and always supported the fight. 

"I just wish they could be here to see the fruit of their labour as well," the chief said. 

Grateful for the support from the community during the 24-year fight for the claim, Robbins said it will take a lot of work moving forward. 

"We are going to need a really good team to assist us in this process." 

On Tuesday, Aug. 6, the community will host a celebration, honouring the hard work that led to the settlement agreement with Canada. 

 

 

 

 

 

 

 

 

 

 

 

 

 



Monica Lamb-Yorski

About the Author: Monica Lamb-Yorski

A B.C. gal, I was born in Alert Bay, raised in Nelson, graduated from the University of Winnipeg, and wrote my first-ever article for the Prince Rupert Daily B次元官网网址.
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