Chief Louisa Constant of the York Factory First Nation says, "Manitoba Hydro's manipulation of the water levels on Split Lake robbed the York Factory First Nation of our annual spring Goose Camp Days and pickerel fishery."
"Manitoba Hydro and Manitoba have infringed the aboriginal and treaty rights of the York Factory First Nation by placing power planning - including for exports to the United States - above the cultural renewal and treaty rights of the people of the York Factory First Nation," Constant said.
"Manitoba Hydro's water level forecasts show that Hydro's power planning reduced water levels on Split
Lake by nearly two feet below average beginning the last week of April and continuing until the second week of June. This is the same time that we hold our annual Goose Camp Days, which is very important to our cultural renewal. Our Goose Camp Days are held to bring together our elders and youth and families to celebrate our language and culture," said Constant.
Coun. Jimmy Beardy said, "The falling water levels on Split Lake left hanging ice on the shore that made it dangerous to hunt geese so we had to send hunters to Churchill. The low water levels in May and June also came at an important time for the spawning and movement of pickerel. We had to cancel Goose Camp Days after only a few days because there wasn't enough fish and geese to eat.
"The low water levels made it difficult to launch our boats or get into our best fishing and hunting areas. Hydro's low water levels caused damage to several boats and motors. The community freezers for our elders are empty", added Beardy.
"Hydro has told us that low water levels on Split Lake are an 'act of God." However, Manitoba Hydro has given testimony before the Clean Environment Commission and the Public Utilities Board that Hydro controls more than 95 per cent of the water flows in Split Lake. There really are no 'acts of God' when it comes to the water levels on Split Lake - the water levels are controlled by Manitoba Hydro", says Constant.
"We will be demanding that Manitoba Hydro's operating licences be revised to require minimum flows that will provide for our cultural events and that will provide for the exercise of our treaty rights and for the needs of fish and wildlife," Constant added.
The York Factory First Nation is located on Split Lake and has about 1,100 residents.
Glenn Schneider, division manager of public affairs for Manitoba Hydro in Winnipeg, said June 22 that "water levels on Split Lake have risen about two feet over the past 10 days as communicated to York Factory in a forecast earlier this month.
"Prior to this recent rise, water levels on Split Lake were below the long-term average due to well below average spring run-off and dry conditions across the local watershed. Water levels now are within the range of normal conditions for this time of year.
"Essentially, until April, Manitoba experienced five straight months of below average precipitation that resulted in lower water levels on Split Lake. Water levels were not out of the normal range of water levels for the lake during this period."
This is not the first time York Factory First Nation and Manitoba Hydro have been at loggerheads about water levels on Split Lake.
Back in 2003, Manitoba Hydro had to pay compensation to York Factory First Nation because water levels dropped below prescribed levels under the Northern Flood Agreement. Under the terms of the agreement, when water levels rise above or fall below a certain range Hydro must compensate affected First Nations.
Manitoba Hydro blamed a year-long draught in 2003. But then Chief Roy Redhead of York Factory First Nation accused Manitoba Hydro of intentionally holding back water so it could build up its reserves and then export the power they generated to their American customer export market later in the year.
Schneider was quoted at the time as saying, "The purpose of regulating the system is not to ensure that the ferry always runs at Split Lake. That may sound very cold, but the purpose of the people of Manitoba spending hundreds of millions of dollars on control structures and generating facilities is to ensure that we have an available supply of energy, particularly through the winter months."
