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Brandywine hydro proposal hinges on First Nations

The only major stumbling block to a green power project on Brandywine Creek is First Nations, according to proponents of the proposal.

The only major stumbling block to a green power project on Brandywine Creek is First Nations, according to proponents of the proposal.

With a water license, land tenure and open positive dialogue with local kayakers in hand, the project is slated to go ahead, pending municipal rezoning of the land for the powerhouse, if First Nations considerations can be resolved.

The municipality however, is concerned about the lack of First Nations’ support.

Council raised concerns about this impasse at Monday's meeting when staff asked for a first and second reading of Pacific Northwest Energy Corp.'s Brandywine project.

"I find this a difficult position to be in," said Councillor Dave Kirk, who said the municipality was trying to establish good relations with the Mount Currie band and Squamish Nation.

"This, in a sense, is beyond our abilities to resolve."

The mayor echoed Kirk's sentiment.

"We have a very strong relationship now (with First Nations)," said Hugh O'Reilly.

"We want something that works in the best interests for all of us."

This issue was first raised late last year when the Squamish and Lil'wat Nations wrote a letter to the Minister of the Environment, Land and Parks. In the letter, signed by the chiefs of both nations, it states:

"(The) Pacific Northwest Energy Corporation has not made reasonable efforts to address or accommodate outstanding issues of aboriginal rights and title."

But the project's proponents say they have been trying to talk to First Nations repeatedly to no avail.

"In spite of all of our attempts to invite First Nations to consult and negotiate, the representatives of the Squamish and Mount Currie bands have consistently failed to meet with us," said lawyer Ulf Ottho, who was at Monday's meeting with a handful of other PNEC representatives.

Ottho said PNEC has tried roughly 33 times to meet and negotiate with First Nations.

"We have attempted to fully consult with First Nations and the provincial government was aware of that," said Ottho.

"The provincial government accordingly granted our land tenure and water license without any restrictions concerning First Nations."

The Brandywine Creek proposal has been on the table for several years, following on the heels of projects on Miller and Rutherford Creeks in Pemberton.

Ottho said First Nations received a 10 per cent share of revenue generated from Miller Creek.

"We were informed that, unfortunately there was another hydro project where First Nations extracted, when that proposal was at the provincial government level, a share of the revenue generated by the project," he said.

But Brandywine is not like Miller Creek in terms of how it is used by First Nations, said Ottho.

A study on the aboriginal land use in the area showed that there was no traditional First Nations occupation of the Brandywine area, said Ottho.

He said First Nations use of the land was limited to a trap-line at the turn of the century and some berry picking activity.

"This hydro project would not impact on any of those activities and we welcome the continuation of those activities in the area," said Ottho.

If the project gets the go-ahead it will produce roughly seven megawatts of electricity. One megawatt is enough to power about 1,000 homes on an ongoing basis.

Since B.C. Hydro announced it was committed to getting 10 per cent of its domestic energy requirements from green energy sources there has been an onslaught of run-of-river hydro proposals in the Sea to Sky corridor. This area is prime land for run-of-river projects because of the mountainous terrain and the high velocities in the run off period.

PNEC was one of the first applicants for a small hydroelectric project and Brandywine is considered to be one of the better creeks for a run-of-river project because of certain characteristics.

Unlike the Rutherford Creek, which came under harsh attack from local kayakers because it's a popular destination spot for the paddling community, Brandywine Creek is not heavily kayaked.

The proponents of the power producers on the Rutherford appeased kayakers with an agreement to build an artificial creek next to the existing creek.

The Rutherford set a good precedent for kayakers, said Stuart Smith, chair of leadership and coaching for the Whitewater Kayaking Association of B.C.

With Brandywine, the trade-off isn't as high as an artificial creek, but PNEC will provide compensation to the paddling community for the impact to their recreation from the water diversion.

"We've gone through a series of negotiations and come to a mitigation agreement with them," said Smith.

He said that agreement is confidential.

In addition to settling with the kayakers, an environmental study showed there were no fish in the upper part of the creek – the section where water would be diverted.

The Olympic Tailed Frog lives in that part of the creek but PNEC has agreed to keep its flows high enough to maintain its habitat values.

Moving forward to the next step, PNEC would like to keep the lines of communication open with the First Nations.

"We are continuing to try and dialogue with the First Nations and are open to considering any concerns they have," said David Kiess, vice-president of PNEC.

There was a suggestion at Monday’s council meeting to develop a set of criteria or guidelines to direct council in the future when it deals with hydroelectric issues.

This power project is just one of a handful that will come before council in the future.

"As we are an early applicant a dangerous precedent would be set which would very much adversely affect Whistler if the council acceded to a First Nations’ demand not to give third reading," said Ottho.

Councillor Ted Milner reminded council that green energy is a good thing.

"This represents clean power... and the benefits can be very large," he said.

A public hearing on the proposed zoning amendment bylaw for the Brandywine Hydro project will be held in the next few weeks. The Lil’wat and Squamish Nations will be advised of the public hearing.