There’s a wonderful scene in the Yellowstone television series where our hero, rancher John Dutton, unable to legally stop a development affecting his ranch, blows up half a mountain (on his land) which diverts a river the development folks were depending on for water.

Problem solved. Taking the development out to the train station, so to speak (if you’re a fan of the show, you’ll get the reference, if not, someone will tell you).

I was reminded of that scene when I read the following quote in the Missoula Current this week: “There’s a saying in water law that says: ‘It’s better to be upstream with a shovel than downstream with a right,’ because you can just stop that water.”

The quote is from Barbara Cosens, a professor emerita at the University of Idaho College of Law and an expert on water law.

She was referring, of course, to the Columbia River Basin Treaty and the fact the Trump administration has halted talks on updating the 61-year-old treaty. It was set to expire in 2024, but the Biden administration and Canada had reached a tentative deal to update the treaty. However, it was not ratified prior to the U.S. election.

It’s not surprising Trump doesn’t like the deal. It’s a double-whammy for us. Trump simply doesn’t like any agreement with Canada these days and, even worse, he doesn’t like any agreement forged under the Biden administration.

Is it a good deal? To Trump, that doesn’t matter. So, it’s no surprise the U.S. has ‘paused’ final ratification of the treaty.

If you’ve spent any time in the East Kootenay, you’ve likely heard of the Columbia Basin Trust. It funds a myriad of projects, large and small, throughout the region. It operates on funds it receives from the Columbia River Treaty.

Under the terms of the treaty, Canada controls the flow of the northwest’s largest river from its headwaters in British Columbia, ensuring enough water is sent downstream to meet U.S. hydropower needs. Under the Biden deal, Canada would also receive over $37 million in direct payments from the U.S.

Libby Dam

The Libby Dam, which created Koocanusa Lake out of the Kootenay River, is also part of the deal.

Under the deal, Canada also provides water storage that helps prevent flooding, supports irrigation and protects fish habitat. In exchange, Canada is entitled to some of the hydropower generated by the Bonneville Power Administration’s 31 Columbia River Basin dams.

According to the Missoula Current, the Columbia River Basin and the dams within it generate 40 per cent of the United States’ hydropower, irrigate $8 billion in crops and carry 42 million tons of commercial cargo every year.

That’s big. To be fair, not all of that hydropower is generated from water that flows from Canada. But, it’s still big.

“If the two parties really get in a tit-for-tat over this river, Canada is the winner,” Cosens said.

We win by the very fact we’re upstream with a shovel. I’m not suggesting we give the U.S. some good ol’ U.S.-style justice a la John Dutton and Yellowstone – not yet. But it is a lever we can use as the Trump wars continue.

Born and raised in Fernie, Bill Phillips is an award-winning journalist and columnist. He was the winner of the 2009 Best Editorial award at the British Columbia/Yukon Community Newspaper Association’s Ma Murray awards, in 2007 he won the association’s Best Columnist award. In 2004, he placed third in the Canadian Community Newspaper best columnist category and, in 2003, placed second.