The IJC forms a governing body, the Lake K Selenium Study Commission

Now, for the first time, all 11 are officially working together to address toxic mine pollution from Canadian coal mines that flows into the Elk River, which flows into the Kootenay (Kootenay in Canada) and Kookanusa Lake, and pollutes a wide watershed that spans states and countries.

The issue is handled by the International Joint Commission, a binational body created under the 1909 Boundary Waters Treaty. between the USA and Canada. The IJC exists to resolve transboundary water management or quality disputes.

The governments of Canada and its province of British Columbia have long resisted joining the US in a joint appeal to the IJC. But, under more than a decade of pressure from the cross-border nation of Ktunaxa and most recently Senator John Tester of Montana, the Canadian government relented and joined the link in March.

The Ktunaxa Nation announced Wednesday that all 11 governments selected by the IJC to form the Elk-Kootenay/i Watershed Management Authority have approved terms of reference — a document that describes the group’s structure, functions, rules, and goals — Canada did so only recently, months after the June 30 deadline.

The governing body includes representatives from the governments of the United States, Canada, Montana, Idaho, British Columbia, six tribes within the Ktunaxa Nation: the Confederated Salish and Kootenai Tribes of Montana, the Kootenai of Idaho, and the Tobacco Plains Indian Band. , Akisknuk First Nation, St. Maria and the Lower Kootenay Group in Canada.

The The governing body consists of 18 people: six Americans, six Canadians, and one from each of the six tribes. Among the US members, four represent the US from various federal agencies, such as the State Department and the Environmental Protection Agency, and one each from the Montana and Idaho Departments of Environmental Quality. Canadian members are divided between federal and provincial.

Tom McDonald represents CSKT; Gary Aitken Jr. represents the Kootenai Tribe of Idaho. Both are deputy heads of the body. Lindsey Kryvaruchka represents Montana DEQ; Christine Ryan represents the Idaho DEQ.

“For too long, the federal and provincial governments have stood by while our waters suffered,” Macdonald said in a statement Wednesday. “We are encouraged that all 11 governments, including Canada and British Columbia, have agreed to change course and come to the negotiating table.”

In a statement, Aitken said, “We are pleased to see, with a joint reference, that the US and Canada are finally taking seriously their obligations to Indigenous Peoples, the environment and the Treaty on the International Boundary Waters. And now we are encouraged that all eleven governments that are part of the Governing Body were able to agree on the terms of reference. We hope that all eleven governments will continue to cooperate and begin the real work of restoring the river.”

In small quantities, selenium is necessary for the health of animals. But in addition, it is toxic even in small doses. It accumulates in the ovaries of fish and birds, which leads to a decrease in the number of eggs that hatch, hatchlings with birth defects and young that die before they have time to reproduce. Selenium levels exceeding those allowed by tribal, state and federal regulations — and high enough to harm wildlife — have been documented throughout the Kootenay River downstream of the Elk River.

With all 11 governments formally approving the terms of reference, the 18-member governing body can now begin its work to understand and ultimately advise on how to address the selenium pollution problem that has plagued the watershed for half a century. The governing body’s mission, according to the IJC, is to “enable more timely actions that reduce and mitigate the effects of water pollution to protect people and species in the Kootenay watershed.”

According to the IJC, a key function of a governing body is to “review the reports and recommendations” of another body convened under its authority, a research panel consisting of eight American, Canadian and tribal scientists and experts in the relevant field. In addition to fulfilling the same mission as the governing body, The IJC mandates the development of the Board of Studies “transparent and coordinated cross-border exchange of data and knowledge, science, monitoring; and analysis to support an overall understanding of pollution within the Kootenay watershed.”

The study commission has until September 26, 2025 to submit an interim report, and a final report on September 28, 2026. To complete its work, the research council may convene technical working groups and consult with an “indigenous knowledge bearer council” representing the diverse local cultures in the region. There are also advisory groups for the public, governments and industry.

According to the directives established by each agency, the research council will provide reports and recommendations to the governing body, which in turn is charged with finalizing recommendations to address the pollution problem. The body’s possible recommendations are not binding—the IJC cannot force a country to take action—but they can provide a road map for how best to combat pollution.

“We are at the beginning of what is likely to be a long process that will require sustained efforts from all governments involved,” Macdonald said. “We will continue to work tirelessly to restore our rivers, the fish and wildlife that depend on them, and we hope that other governments will do the same.”