Boundary Waters Treaty of 1909

Canada’s mine permitting process and environmental regulations are insufficient to protect Alaska’s salmon and clean water from upstream B.C. mines. Ongoing acid mine drainage from the Tulsequah Chief mine near the transboundary Taku River demonstrates B.C.’s lax enforcement while the Mount Polley mine disaster of August 2014 highlights how Canadian oversight failed to prevent a devastating mine accident in one of the region’s greatest salmon watersheds.

The U.S. Department of State has the authority under the Boundary Waters Treaty of 1909 to pursue protections for Southeast Alaska’s fish and clean water. The Treaty states in Article IV: “…the waters herein defined as boundary waters and waters flowing across the boundary shall not be polluted on either side to the injury of health or property on the other.” Under the treaty, the State Department can refer a boundary waters matter to the International Joint Commission (IJC) for thorough review. In the case of the Southeast Alaska/Northwest B.C. transboundary region, the IJC would study and consider how this region’s waters and communities may be affected by mineral development in Northwest B.C. The IJC can propose ways to prevent major impacts from what is becoming one of the largest mining districts in the world.