Two north-central B.C. first nations have launched a civil suit against Rio Tinto Alcan over the diversion of water from the Nechako River since the 1950s.
In a notice of claim filed in B.C. Supreme Court in Vancouver on Thursday, the Saik'uz and Stellat'en first nations claim the construction of the Kenney Dam in 1952 has had "significant adverse impacts on their communities," including a reduction in water flowing into the Nechako River.
The lower flows have resulted in reductions in salmon, trout and sturgeon, and spawning habitat important to the first nations, says the claim.
The two first nations are seeking more water to be released into the Nechako River, and possibly compensation.
"We'll let the honourable court decide on that issue [monetary compensation]," said Carrier Sekani Tribal Chief David Luggi.
"What we do know, and what we do want, is more water," said Luggi, a member of the Stellat'en First Nation.
The Kenney Dam, about 500 kilometres north of Vancouver, created the massive Nechako Reservoir, which provides hydro power to Rio Tinto Alcan's aluminum smelter in Kitimat in northwest B.C.
Rio Tinto sells excess power to BC Hydro, but the company expects to use almost all of the available power if it goes ahead with a planned $2.5-billion upgrade and expansion of its Kitimat smelter.
Rio Tinto Alcan spokeswoman Colleen Nyce said the company would take the necessary time to examine the statement of claim filed Thursday. "As this matter is before the court, we will not comment further," said Nyce.
Luggi said the civil suit against Rio Tinto Alcan is being filed now because first nations believe it is their only remaining option to get water flows increased.
Before the Kenney Dam was built, the river often overflowed its banks into fields surrounding the Stellat'en community, Luggi said.
