Is Private Power above the law?

Thursday, March 29, 2012

Close on the heels of the discovery of environmental infractions at the Ashlu and Mamquam private hydro-power projects that led to ongoing fish kills, the Wilderness Committee has gained access to Freedom of Information (FOI) documents that show problems at yet another private hydro-power project.

This time it is TransAlta Corporation’s Akolkolex (pronounced: Ah ko ko’ lex) power project near Revelstoke. The Akolkolex River is a fish sensitive habitat with at least three different types of trout.

The confidential government FOI documents show there were serious problems with inadequate water flows which resulted in the river below the intake diversion drying out for three days in 2005. The FOI documents outlined water problems that continued until 2006.

This raises two serious concerns. First, there is growing evidence of widespread problems throughout the private hydro-power industry especially around environmental and fishery regulations.

And secondly there is a lack of enforcement by the government
regulators both at the BC Ministry of Natural Resource Operations and the BC Ministry Environment, and at the federal Department of Fisheries and Oceans.

It is not just folks like you and me who are concerned with the government’s foot dragging in these cases; the FOI documents reveal that their own staff wants them to take decisive action.

In the case of the Akolkolex power project, located in the Kootenays 25 kilometres southeast of Revelstoke, staff referred the infractions to Land Water BC with recommendation for charges and wrote, “I firmly believe charges under section 93 (2) (l) &/or (r) of the Water Act are warranted in this case and I would be happy to assist your branch in any way I can towards that objective.” There is no indication charges were ever filed.

The FOI documents from the Ashlu project near Squamish show the growing level of frustration with the government’s failure to act. In this case staff wrote things like “lotsa dead fish from yesterday’s Ashlu episode . . . will be interesting to see DFO’s response” and later “Is DFO pursuing an investigation into this event? . . . For our efforts to be worthwhile, these type of incidents need to be dealt with swiftly and with force.”

We could not agree more and we believe British Columbians have a right to know why laws to protect our fish and rivers are not being enforced on this industry.

That is why we are asking you to go to our website and write a letter to the BC Minister of Natural Resource Operations and the BC Minister of the Environment and the federal Minister of Fisheries and Oceans and demand full enforcement of the law on existing projects and a moratorium on any future river diversion developments.

Thank you for standing up for our wild rivers!

Gwen Barlee | Policy Director
Wilderness Committee

More from this campaign
A group of people marching down the street, protesting Kinder Morgan and the Trans Mountain pipeline. End of image description.
Anti Kinder Morgan Pipeline Protest Rally and March, Vancouver, British Columbia, Canada. Photo credit: Michael Wheatley
Gas flaring in northeastern B.C. blankets the sky with black smoke.
Gas flaring in northeastern B.C. blankets the sky with black smoke. [Peter McCartney]