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Treaties and Land Claims

Feds pay First Nation in B.C. $147M over loss of water rights

July 25, 2024

First Nation dug irrigation ditch on reserve land in the 1890s but was told it had to stop

People hold drums outside.
Kukpi7 Fred Robbins and Esk’etemc community members at Vert Lake. (Tiffany Christianson Photography/Esk’etemc First Nation)

CBC News: A First Nation in B.C.’s Interior has received more than $147 million from the federal government after more than 20 years of fighting for the acknowledgement of its water rights.

The Esk’etemc (pronounced es-KET-em) First Nation, located southwest of Williams Lake, B.C., first filed with Specific Claims, which deals with past wrongs against First Nations in Canada, in 2003, raising issues arising from being prevented from completing an irrigation ditch in the 1890s. 

According to the Esk’etemc Nation, all the water from Vert Lake, southeast of the reserve, was promised to the Esk’etemc for irrigation as part of a reserve land agreement. The First Nation started digging in the 1890s, but after two years of work and just one kilometre away from completion, it was told it had to stop. 

“It was devastating,” lawyer Stan Ashcroft told CBC’s Daybreak Kamloops guest host Doug Herbert. “I mean, after all that effort to be told you can’t continue, when I talked to the elders, they said it was completely devastating.”

The irrigation ditch has lain dormant since, according to the First Nation. 

An overgrown shallow trench stretches through a green, flat field.
The irrigation ditch dug by the Esk’etemc people more than 100 years ago. (Esk’etemc First Nation)

When the claim was first filed, the feds rejected it, the First Nation says. 

But the Esk’etemc persisted, and in 2018, the federal government changed its tune and entered into negotiations in 2021. 

CBC contacted the federal government for its perspective, but it did not provide a response in time for publication.

Ashcroft said the Esk’etemc hired experts to assess the loss dating back to 1893.

“There’s two aspects to it,” he said. “One is the difference in the value of the land if it had water as opposed to it not having water. And the second is the crops that the Esk’etemc could have been expected to grow.”

“One can’t help but think that with the social conditions at that time, the small reserves, and the lack of resources if the community would have had irrigated land, they could have grown crops,” archaeologist and anthropologist Beth Bedard said in a news release. 

Esk’etemc Kukpi7 (Chief) Fred Robbins said the settlement is “bittersweet,” as he can’t help but think about the elders who worked on the ditch and participated in negotiations who have passed on and won’t be able to benefit from this money. 

“Their interest wasn’t for themselves. They wanted to make sure that their grandchildren and their great-grandchildren and their great, great-grandchildren had a future,” he said. 

“This is a release … of a lot of stress, and it’s really been nothing but good news for our community, and we’re very glad that we got to the end of this.”

Now, he and his membership will work together to decide how to use that money.

The Esk’etemc First Nation has approximately 1,100 members, about 60 per cent of whom live off reserve and 40 per cent who live on reserve. 

Robbins said they’ll put together a team of experts who can consider different investments and trusts, but it comes down to what the community wants. 

“We actually can see a future now. It’s just a matter of planning for it,” Robbins said. 

Daybreak Kamloops 11:25

LISTEN | Esk’etemc First Nation receives $147 million settlement

Cariboo-Chilcotin area First Nation wins $147M settlement over water rightsFor more than two decades, the Esk’etemc First Nation has been working to get compensation for water rights promised by the federal government a century ago, but never delivered to the community.

Click on the following link to listen to Daybreak:

https://www.cbc.ca/news/canada/british-columbia/feds-pay-first-nation-in-b-c-147m-over-loss-of-water-rights-1.7275256?cmp=newsletter_Evening%20Headlines%20from%20CBC%20News_1617_1643024

ABOUT THE AUTHOR

Courtney Dickson, Journalist

Courtney Dickson is an award-winning journalist based in Vancouver, B.C.

With files from Daybreak Kamloops