Mackenzie River Basin Bilateral Water Management Agreement between the Government of British Columbia and the Government of Yukon

MACKENZIE RIVER BASIN BILATERAL WATER MANAGEMENT AGREEMENT B etween the Government of British Columbia Andthe Government of Yukon FINAL Pursuant to the Mackenzie River Basin Transboundary Waters Master Agreement of 1997 this Bilateral Water Management Agreement, when signed, will be attached 1;o the Master Agreement as· Schedule D BWMA BC-YT: FINAL l MACKENZIE RIVER BASIN Bl~ATERALWATER MANAGEMENT AGREEMENT BETWEEN: THE GOVERNMENT OF BRITISH COLUMBIA, as represented by the Minister of Environment AND THE GOVERNMENT OF YUKON, as represented by the Minister of Environment Hereinafter referred to collectively as "the Parties". THE PARTIES AGREE AS FOLLOWS: 1. Purpose and Context 1.1 Purpose The purpose of thfs Bilateral Water Management Agreement("Agreement") Is to establish and Implement a framework for cooperating to achieve the prlncfples of the Mackenzie River Basin Transboundary Waters Master Agreement of 1997 ("Master Agreement"}. 1,2 Affirmation of Commitment to the Master Agreement a) The Parties agree that the provisions of this Agreement will be interpreted and applied ln a manner that Is In accordance with the purpose and principles of the Master Agreement. b) Under the Master Agreement, the Parties are committed to: I. Managing the Water Resources in a manner consistent with the maintenance of the Ecological Integrity of the Aquatic Ecosystem; li. Managing the use of the Water Resources In a sustainable manner for present and future generations; Ill. The right of each to use or manage the use of the Water Resources within Its jurisdiction provided such use does not unreasonably harm the Ecological Integrity of the Aquatic Ecosystem In any other Jurisdiction; rv. Providing for early and effective consultation, notification and sharing of Information on developments and activities that might affect the Ecologfcal Integrity of the Aquatic Ecosystem in another Jurisdiction; v. Resolving issues In a cooperative and harmonious manner. c) Achievement of the commitments of this Agreement does not absolve a Party of Its commitments made In the Master Agreement. 1.3 General Commitment to Cooperate a) The Parties agree to cooperate in good faith and to take reasonable actions towards commitments to achieve the prtnclples of the Master Agreement b) The Parties will work together and In a manner that Is proactive, timely, transparent, and respectful of each Party's applicable laws, regulations and policies. 1.4 Limitations a) This Agreement is prospective in nature from the date of signing and Is not Intended to address effects attributable to past actions that may have occurred prior to the date of this Agreement. b) The commitments of the Parties under this Agreement are limited by the costs and cost sharing provisions in section 13.2. 1.5 Application 2 BWMA BC-YT: FINAL This Agreement applles to all Transboundary Waters shared between British Columbla and Yukon In the Mackenzie River Basin. 2. Definitions 2.1 Master Agreement Definitions "Aquatic Ecosystem" means the interacting components of air, land, water and living organisms, Including humans, that relate to the Water Resources of the Mackenzie River Basin. "Baslnu means the Mackenzie River Basin as outlined In Schedule "AN of the Master Agreement. "Bilateral Water Management Agreements" means those agreements between the provinces and the territories, which, when signed by the Parties, will be attached to the Master Agreement, and as may be amended from time to time. "Board" means the Mackenzie River Basin Board established under Part D, Section 1,.of the Master Agreement. "Ecological Integrity" means the conditions that the Parties to any of the BIiaterai Water Management Agreements determine are necessary to maintain a healthy and diverse Aquatic Ecosystem. 2.2 Additional Definitions "Available Water'' means the volume of surface water that Is available for human use after other needs for the Ecolo.9lcal Integrity of the Aquatic Ecosystem are considered. "Bilateral Water Management" means actions that the two Parties jointly undertake pursuant to this Agreement In accordance with the Risk Informed Management approach. "Bilateral Water Management Agreement", or" Agreement• means this agreement between British C!)lumbla and Yukon and its appendices, that will be attached to the Master Agreement as Schedule. D and as may be amended from time-to time. "BIiaterai ~anagement Committee" means a committee as described under section 13.1 of this Agreement. "Consumptive Use" means that portion of water withdrawn from the Basin tha.t ls lost or otherwise not returned to the Bastn, excluding any volume of water stored In hydroelectric projects. "Developments and Activities" means all phases of a project, Initiative or activity from pre-feaslblllty through to final closure, and all changes to or new laws, regulations, policies, plans, and programs that might affect the Ecological Integrity of the Aquatic Ecosystem of the other Party. "Emergency" means a sudden, urgent occurrence or occasion beyond the effective control of a Party, requiring immediate action. nGroundwater" means water that collects flows or freezes beneath the Earth's surface. "Indicator'' means a qualitative or quantitative assessment of water and associated ecosystem elements (such as Invertebrates, plants, fish, birds, wildlife, humans, air) using ecologlcal and social science, and/ortradltional and local knowledge, which are Indicative of the state of the Ecological Integrity of the Aquatic Ecosystem. "Jurisdictional Water Management'' means actions undertaken unilaterally according to a Party's own Internal laws, regulations, policies, plans and programs. "Leaming Plan" means a plan, to learn about Transboundary Waters, to proactively address any negative trends, and to prepare for, In accordance with the Risk Informed Management approach, the setting and assessing of the achievement of Transboundary Objectives. · "Risk Informed Management" n,eans an approach that guides the ldentiflcat!on and tmplementatlon of Jurisdictional and Bilateral Water Management actions and that ls Informed by an understanding of the risks to and uses of Transboundary Waters. 3 BWMA BC-YT: FINAL "Transboundary Biological Objective" means the spedflc biological conditions that the responslble Party or Parties will meet In accordance with the Risk Informed Management approach. "Transboundary Groundwater" means all Water Resources that collect, flow or freeze beneath the Earth's surface and are shared by the Parties ta this Agreement and within the Mackenzie River Bastn. "Transboundary Groundwater Objective" means the specific Groundwater conditions that the responsible Party or Parties will meet ln accordance with the Risk Informed Management approach. "Transboundary Objectiven means conditions established under the Risk Informed Management approach that the responsible Party or Parties will meet, and which may Include but are not limited to water quallty, water quantlty, Groundwater, or biological objectives. "Transboundary Water Quality Objective" means the site-specific water quality conditions that the responsible Party or Parties will meet ln accordance with the Risk Informed Management approach. "Transboundary Water Quantity Objective" means the site-specific water quantity conditions thaUhe responslble Party or Parties will meet In accordance with the Risk Informed Management approach. "Transboundary Waters" refers tc;i all Water Resources, lncludtng surface and Groundwater, that are shared by the-Parties to this Agreement and within the Mackenzie River Basin. "Triggers" means specific conditions defined by the Parties that will require a Jurlsdictlonarand/or Bilateral Water Management response. "Water Resources" means the Mackenzie River and any order tributary to the Mackenzie River including deltas, tributaries of deltas, wetlands and lakes which contribute water to the Mackenzie River, whether in a llquld or frozen state, and any Groundwater In the drainage basin of the Mackenzie River. 3. Jurlsdlctlonal Water Management a) Each Party Is responsible for decision making related to Developments and Activities In Its jurisdiction, subject to specific llmltatlons In this Agreement. b) Each Party will undertake Its Jurisdictional Water Management In a manner that accords with the purpose and principles of the Master Agreement. 4. Risk lnfonned Management 4.1 General Commitment The Parties agree to Implement a Risk Informed Management ("RIM") approach for Transboundary Waters In accordance with Appendix A. 4.2 Objectives and Principles a} The objectives of the RIM approach are: I. To support the achievement of the principles of the Master Agreement; Ii. To facilitate Joint learning, and proactive and adaptive actions; Iii. To inform the allocation of human and financial resources In an efficient and effective manner. b) Key principles Include: l. The nature and intensity of Bilateral Water Management is commensurate with the nature and Intensity of the risks to and uses of Transboundary Waters; n. BIiaterai Water Management Is based on a mutual understanding of the Ecological Integrity of the Aquatic Ecosystem; 4 BWMA BC-YT: FINAL Iii. Bllateral Water Management builds on the Jurisdictional Water Management actions of each Party as required to achieve the commitments of this Agreement. 4.3 Risk Informed Management Commitments In accordance with the RIM approach, the Parties will: a) Classify Transboundary Waters as set out In Appendix B based on agreed quantitative and qualitative factors; b) Share information, notify and consult each other in the manner defined ·1n section Si c) Establish and Implement Learning Plans and monitoring to understand conditions and needs related to the Ecological Integrity of the Aquatic Ecosystem; d) Identify Indicators of the Ecological Integrity of the Aquatic Ecosystem as required to Inform the setting and monltorlng of Transboundary Objectives; e) Establish, Implement and assess the achlevementofTransboundary Objectives; f) Periodically assess the adequacy of the Transboundary Objedives, and adjust them as required; g) Consider available information relevant to the setting and assessment of Transboundary Objectives, including ecological and social science, and traditional and local knowledge as outlined in Appendix C; h) Establish and Implement a structured and transparent process for monitoring Transboundary Objectives; I) Take other necessary actions to achieve the commitments of the Agreement. If a Transboundary Objective is not met: j) The responsible Party or Parties will undertake Jurlsdictlonal Water Management action in support of meeting the Transboundary Objective; k} Either Party may at anytime request that the Bilateral Management Committee, established under section 13.1, consider alternative ways to address the situation, including but not limited to mltlgatlon, enhancement, revision of the Transboundary Objective or other conciliative measures; 1) The Parties will establish an agreed tfmeframe to Implement the agreed action In sections 4.3j) or k); m) If a Party falls to meet a Transboundary Objective within a timeframe agreed under section 4.3 I) then the Parties will determine reasonable and appropriate action, including but not llmlted to mltlgatlon, enhancement, revision of the Transboundary Objective or other conc111ative mec1sures; n) If a Party's failure to meet a Transboundary Objective Is the result of a force majeure event beyond that Party's reasonable control then sections 4.3j) throughm) do not apply, unless the Parties agree otherwise. The details of how these commitments will be Implemented are outlined In attached appendices. 5. Information Sharing, Notification and Consultation 5.1 Inf ormatfon Sharing a) The Parties shall, as early as practicable and on a regular basis, exchange sufficient available Information that wlll support the informed and effective Bilateral Water Management of the Transboundary Waters, including: i. Information about the Ecological Integrity of the Aquatic Ecosystem, lnclui;ling but not limited to hydrological, meteorological, hydrogeologlcal, and ecological science, traditional knowledge, and Input from the publlc in either jurlsdl ct[on; ii. Information about current and future Developments and Actlvitles that might affect the Ecologital Integrity of the Aquatic Ecosystem of the other Party. b) Each Party shall employ reasonable efforts to provide Information requested by the other Party1n a manner that facilitates Its use by the other Party, relying on existing information sharing processes where appropriate. c) 1n cases where Information Is commercially proprietary or legal.ly restricted, the Party holding the information Is not obliged to release It and will make reasonable efforts In accordance with section 5.i b) to address the underlying information need. BWMA BC-YT: FINAL 5.2 Notification a) The Parties agree to provlde, as early as practicable, prior notification of Developme11ts and Actlvltles that might affect the Ecological Integrity of the Aquatic Ecosystem of the other Party. b) At the time of notification, and ong~ing through the BIiaterai Management Committee, the Parties will share any. updated or specific Information relevant to the effects of Developments and Activities on the Ecological Integrity of the Aquatic Ecosystem of the other Party as It becomes available. c) The Parties will notify other Basin provinces and territories not party to t~ls Agreement about Developments or Activities that might affect the Ecological Integrity of the other's Aquatic Ecosystem. d) In the event that the Implementation of Developments or Activities are of the utmost urgency In order to protect public health or public safety, implementatlon may proceed without delay and with notification. Sufficient data and Information will be shared and consultation wl!I commence as appropriate and as soon as practicable. 5.3 Consultation a) The Parties wftl consult each other about, and consider and reasonably address In their decision-making, concerns related to Developments and Activities that might affect the Ecological Integrity of the Aquatic Ecosystem of the other Party. b) The Parties commit that thi5 consultation WIii be an ongoing and collaborative process at the Bilateral Management Committee, Initiated by either Party. c) The Parties agree that If and when Developments and Activities trigger a legislated public environmental review process, formal consultation will occur through that process. 6. Surface Water Quantity 6.1 General Quantity Commitments a) The Parties will establish and implement RIM classifications, Learning Plans, Transboundary Water Quantity Objectives and monitoring In accordance with the RIM approach and Appendices D, H, and I. b) Transbounda ry Water au antl ty Objectives wll I be based on a seasonal, or as otherwise agreed, a ssessrnent of the needs for the Ecological Integrity of the Aquatic Ecosystem and a commitment to share surface water equltably, as described In sections 6.1 c) and d). c) The upstream Party will pass an amount of water equal to the sum ofneeds for the Ecologlcal Integrity of the Aquatic Ecosystem plus 50% or more ofthe Available Water to the downstream Party, calculated at the border for each transboundary surface water body, unless otherwi5e agreed to by the Parties. d) The Parties agree thatthe water that may be withdrawn or diverted under wat~r allocations and appllcatlons for water allocations existing before the date of this Agreement are considered part of each Party's equitable share ln5ectlon 6.1 c). e) The timeframe for calculatlng the amount of water to be passed will be agreed by the Parties and may be tnstantaneous, daily, weekly, monthly, seasonally, or annually. f) The responsible Party or Parties will meet the Transboundary Water Quantity Objective as calculated or measured at the border or designated monitoring station. g) The Parties wlll track and annually report Consumptive Use or Its surrogate on Transboundary Waters and the achievement of Transboundary Water Quantity Objectives. 6.2 lnterbasln Transfers a) The Parties agree that transfers of water Into or out of the Basin will be prohibited, except ;n accordance with a Party's laws and regulations regarding lnterbasln transfers. BWMABC-YT: FINAL 6 7. Surface Water Quality a) The Parties will establish and Implement RIM classlflcations, Learning Plans, Transboundary Water Quality Objectives and monitoring in accordance with the RIM approach and Appendices E, H, and 1. b) Transboundary Water Quality Objectives, for substances other than those addressed in section 7 d), will: I. Be based on an assessment of the.needs for the Ecological Integrity ofthe Aquatic Ecosystem; II. Be sufficiently precautionary In order to provide an early waming signal that prompts action appropriate for site specific conditions; Ill. Consider natural variabrllty, typical conditions, and unacceptable change; iv. Be Intended to protect all uses, Including traditional uses; v. Be designed to address seasonal, site-specific needs of the Aquatic Ecosystem. c) The Parties will avoid water quallty degradation that may result from thelr addition of to>dc, bloaccumulatlve, or persistent substances. d) The Parties are committed to pollutron prevention and sustainable development to meet the objective of the virtual ellmlnatlon for substances that are human-made, toxic, bioaccumulatlve and per~lstent (In the manner described in Appendix E). e) The responsible Party or Parties will meet Transboundary Water Quality Objectives as measured at the-designated transboundary monitoring station(s). f) The Parties will track and annually report on monitoring results for Transboundary Water Quality Objectives. 8. Groundwater a) The Parties will establish and implement RIM classlflcatlons, Learning Plans, Transboundary Groundwater Objectives and monitoring in accordance with the RIM approach and Appendices F, H, and I. · b) The Parties will manage ,:ransboundary Groundwater, locludlng the. water quantity, water quality, physlcaJ structure and transboundary surface water ecosystems supported by Transboundary Groundwater, ln a manner that Is protective and that maintains the Ecological Integrity of the Aquatic Ecosystem, c) The Parties will use and share Transboundary Groundwater reasonably and equitably, as determined on a case-by-case basls ln consideration of, but not limited to, the following factors: l. Geographic, hydrographic, hydrologlc, hydrogeologlc, climatic, ecological, and other natural features; Ii. The sodal and economic needs of the Parties induding human h~alth; iii. The population dependent on the use; Iv. The effects of use by one Party on the other Party; v. Existing and potential licensed and unlicensed uses, Including tradttional uses; vi. Conseivatlon, protection, Developments and ActMtles, and economy of use and the costs of measures taken to achieve these purposes; vii. The avallabllity of alternatlves, of comparable value, to the particular planned or existing use; viii. The sustainability of proposed or existing uses; ix. The maintenance of the Ecologtcal Integrity of the Aquatic Ecosystem. 9. Biological Component 9.1 General Biological Commitments a) The Parties wUI establish and Implement RIM classificatlons, Learnlng Plans, Transboundary Biological Objectives and monitoring In accordance with the RIM approach and Appendices G, H, and I. b) The Parties wlll estabtish and monitor biological Indicators of the Ecological lntegrlty of the Aquatic Ecosystem, rn accordance with the RIM approach and Appendices G and H. c) Biological Indicators of the Ecological Integrity of the Aquatic Ecosystem will be used as required to inform the setting and monitoring ofTransboundary Objectives, and the revision ofTransboundary Objectlves overtime. d) The Partles will establish Triggers and associated management actions In accordan~e with the RlM approach and AppendixG. BWMA BC-YT: FINAL 7 9.2 Invasive Species The Parties will make Jurisdictional Water Management decisions In a manner that Is Intended to prevent the movement of Invasive specles Into, within, or out of the Basin. 10. Monitoring 10.1 Monitoring Under the RIM Approach The Parties agree to establlsh and Implement monitoring as needed to satisfy the commitments as defined in Appendix I of thls Agreement, Including but not limited to the following: a) The Parties wlll establish and Implement monitoring programs and stations as required to facllltate Learning Plans and to demonstrate the meeting ofTransboundary Objectrves; b) The Parties will rely on existing monitoring stations and programs where appropriate to achieve monitoring commitments; c) Each Party wffl notify the other Party of any proposed changes to monitoring programs and stations that affect section 10.1 a) and b) above and seek ways to address any losses In information quality that could affect the ability ~o maintain the Ecological Integrity of the Aquatic Ecosystem; d) The Parties will review data from Aquatic Ecosystem monitoring and studies In the Basin areas of each jurisdiction as required, and ensure thfs Information Is considered In Bilaterat'Water Management where relevant. 10.2 Regional and Basin-Level Monitoring a) The Parties recognize the Importance of long-term data to support the commitments under this Agreement and to provide an early warning of potential changes. b) The Parties wll1 ldentlfy, through scientific and traditional knowledge assessment and Leaming Plans, priority long-term monitoring stations and data that can be used to support implementation of this Agreement and as part of a regional andtor Basin-level monitoring network. c) The Parties commit to long-term m onitorlng as defined and periodically reviewed by the Bilateral Management Committee, and to the priority long-term monitoring stations listed In Appendix I. d) The Parties recognize that long-term monitoring stations are funded through multiple agencies and will work to secure funding for priority long-term monitoring stations. 11. Research and Studies The Parties, through the BIiaterai Management Committee, will: a) Proactively Identify research needs In support of BIiaterai Water Management, Including but not limited to research on climate change and other e)Cternal anthropogenic influences that could affect BIiaterai Water Management; b) Explore opportunities to conduct research Jointly, and/or In collaboration with others, lncludlng First Nation and Aboriginal organizations, on a case-by-case basis and identify Basin-level research priorities for consideration by the Board; c) Consider the results ofrelevant research and studies.in Bilateral Water Management. 12. Emergency Response a) Each Party will ensure that emergency response protocols are In place to address, mitigate, and where possible prevent, adverse effects of Emergencies on the Ecological Integrity of the Aquatic Ecosystem of the other Party. b) The protocols will ensure that the party within whose jurisdiction the Emergency originates will, without delay, notify the other Party. 8 BWMA BC-YT: FINAL 13. Administration 13.1 BIiaterai Management Committee 13.1.1 Purpose, Membership and Decision Making a) The Parties will establish a Bilateral Mariagement Committee (BMC) that will be responsible for administering thls Agreement and reporting on Its achlevement. b) The primary functions of the BMC are to: I. Classify Transboundary Waters; II. Establlsh Learning Plans; ill. Set, monitor and assess the achievement ofTransboundary Objectives commensurate with the assigned class; iv. Provide a mechanism for Information sharing, notification and consultation as per sections sand 12. c) The BMC will consist of relevant expertise from each Party, Including at least one senior water manager, and may Include, subject to section 13.1.1 d), Arst Nation or other Aboriginal organization representation. d) BMC members will be appointed by the Deputy Minister or equivalent level in each Party e) The BMC will endeavour to make decisions by consensus but, tf not possible, decision-making will be by the Parties ~ased on each Party havlng one vote. In the event of a dispute or question, either Party may seek resolution outlined In section 14 of this Agreement. 13.1.2 Duties a) The BMC wlll develop and Implement Its Internal working procedures lncludlng chairing, meeting records and flnanclal tracking as needed. b) The BMC will meet at least once annually and may Invite other participants, Including indlviduals from First Natlons, Aboriginal organizations, senior offlclals, advisors, and technical staff to the meeting as required to Inform the decisions of the BMC. c) Each Party will ensure a mechanism Is In place to sollcft and bring forward, In advance of the annual meeting, any input and Interests from their public and First Nations andfor Aborfglnal organizations. d) The BMC may establish <:ommittees to ensure the efficient and effective application of the RIM approach and to undertake other duties as required. e) The BMC will document outcomes of bilateral consultations, track the achievement of the commitments In this Agreement, and prepare an annual report to be submitted to the responsible Mfnlsters and made publrcally available, that may Identify Issues and recommendations as required. f} The BMC wl1J develop and approve a 3-5 year work plan that lncludes a review process as required to continually Improve the Bilateral Water Management ofTransboundary Waters. g) Each year, the BMC wlll approve an annual budget subject to the provisions In section 13.2. h) The BMC will undertake other activities as required to fulfill the cornmltments under this Agreement. 13.2 Costs and Cost Sharing The Parties agree that the costs to ad~liilster and implement this Agreement, as described in Appendix J, are subject to each Party's appropriation and allocation of resources, and the 3-5year'work plan approved under section 13.1.2 f) of this Agreement. 14. Resolving Disputes and Questions 14.1 Resolving Disputes and Questions at the Blla~eral Management Committee 9 BWMABC·YT: FINAL In the event ofa dispute or question, the.BMC may, where appropriate, undertake one or more of the followlng actions: a) Resolve the dispute by consensus; b) Conduct studies and Investigations, using scientific and/or traditional knowledge; c) Discuss the dispute or question with the Mackenzie River Basin Board and Its committees; d) Prepare a report on the facts and circumstances of the dispute orquestlon; e) Establish and Instruct a panel, consisting of at least one person designated by each Party, to prepare a report, and/or to recommend terms of settlement of the dispute or question; f) Undertake any other activities as required. 14.2 Referral of Dfsputes to Ministers Disputes or questions that cannot be resolved In accordance with section 14.1 may be referred to the responsible Ministers. 15. Process Provisions 15.1 Effective Date This Agreement takes effect when signed by the Parties, and approved by their Governments in accordance with applicable approval mechanisms In each jurisdiction. 15.2 Continuation In the Event of Master Agreement Tennlnatlon In the event of termination of the Master Agreement under Part J of the Master Agreement, this Agreement may continue with the consent of both Parties. 15.3 Amendment Provisions a) This Agreement may be reviewed and amended by the consent of both Parties. b) Appendlces of this Agreement may be amended by the Bilateral Management Committee. 15.4 Termination a) This Agreement may be terminated by either Party upon one year's written notice to the other Party, where upon expiry of the notlce period, this Agreement shall terminate. b) If termination notice, once given In section 15.4 a), is subsequently withdrawn prior to the completion of the one year's written notice, then subject to the agreement of both Parties, this Agreement shall continue to be In force from the date of the slg nl ng of the most recent ve rs Ion. 15.5 Aboriginal and Treaty Rights Nothing In this Agreement shall be Interpreted In a manner Inconsistent with the exercise of any existing aboriginal and treaty rights as recognized and affirmed In Section 35 of the Constitution Act, 1982, which include rights now existing by way of land claims agreements or which may be acquired either under land claims agreements or otherwise. 15.6 Public Engagement or Consultation Each Party is responsible for engaging or consulting with their public, including aborlglnal peoples, regardln9 matters pertaining to this Agreement and may bring relevant Input for consideration in BIiaterai Water Management. 15.7 Conflict of Interest This Agreement shall not operate to vest In any Party any proprietary right or Interest that It otherwise would not have. 15.8 Complete Agreement This Agreement Including Its appendices and the Master Agreement constitutes the entire Agreement between the Parties with respect to the subject matter of this Agreement. BWMA BC-YT: FINAL 10 IN WITNESS WHEREOF this Agreement has been executed on behalf of the Parties by the Ministers on the latest date Indicated below. Witness BWMA BC-YT: FINAL THE GOVERNMENT OF BRITISH COLUMBIA /l:t!f1-' t'~- ~3 · 17 Date THE ~ OFYUKON Minister of Environment rfu.cb . ., o, ;}011 Date u APPENDICES Appendix A: Risk Informed Management Appendix B: List of Trans boundary Waters Appendix C: Use of Traditional and Local Knowledge Appendix D: Surface Water Quantity Appendix E: Surface Water Quality Appendix F: Groundwater Appendix G: Biological Appendix H: Learning Plans Appendix I: Monitoring Appendix J: Costs to Administer and Implement the Agreement BWMA BC-YT: FINAL n APPENDICES MACKENZIE RIVER BASIN BILATERAL WATER MANAGEMENT AGREEMENT Between the Government of British Columbia And the Government of Yukon 2016-07-08 FINAL 1 BC-YT BWMA – APPENDICES – 2016-07-08 List of Appendices Appendix A – Risk Informed Management ....................................................................................... 3 A1. Overview ................................................................................................................................ 3 A2. Classifying Transboundary Waters .......................................................................................... 3 A3. Bilateral Water Management Actions....................................................................................... 7 A4. Annual Transboundary Meeting ............................................................................................... 7 Appendix B – List of Transboundary Waters ..................................................................................... 9 Appendix C – Use of Traditional and Local Knowledge .................................................................... 10 C1. Practices for the Use of Traditional and Local Knowledge in Bilateral Water Management ..... 10 C2. Framework ............................................................................................................................. 11 Appendix D – Surface Water Quantity ............................................................................................ 12 D1. Surface Water Quantity Classification .................................................................................... 12 D2. Learning Plans ........................................................................................................................ 12 D3. Approach to Setting Transboundary Water Quantity Triggers ................................................ 13 D4. Approach to Setting Transboundary Water Quantity Objectives............................................. 13 D5. Water Quantity Objectives for Class 3 Water Bodies .............................................................. 13 D6. Water Quantity Conditions and Actions ................................................................................. 14 Appendix E – Surface Water Quality ............................................................................................... 17 E1. Surface Water Quality Classification ....................................................................................... 17 E2. Learning Plans ........................................................................................................................ 17 E3. Approach to Setting Water Quality Triggers ............................................................................ 18 E4. Water Quality Triggers ...........................................................................................................19 E5. Approach to Setting Transboundary Water Quality Objectives .............................................. 20 E6. Toxic, Bioaccumulative and Persistent Substances .................................................................. 21 Appendix F – Groundwater ............................................................................................................ 22 F1. Classification of Transboundary Groundwater ....................................................................... 22 F2. Learning Plans ........................................................................................................................ 23 F3. Triggers and Objectives .......................................................................................................... 23 Appendix G – Biological ................................................................................................................. 25 G1. Classification ......................................................................................................................... 25 G2. Learning Plans ...................................................................................................................... 25 2 BC-YT BWMA – APPENDICES – 2016-07-08 G3. Biological Monitoring and Indicators ..................................................................................... 25 G4. Transboundary Biological Objectives ..................................................................................... 26 Appendix H – Learning Plans ........................................................................................................... 27 H1. Surface Water Learning Plan .................................................................................................. 27 Appendix I – Monitoring ................................................................................................................ 29 I1. Summary of Commitments ..................................................................................................... 29 I2. Joint Monitoring Arrangements .............................................................................................. 29 I3. Water Quantity .......................................................................................................................30 I4. Water Quality ..........................................................................................................................30 I 4. Biology .................................................................................................................................. 33 Appendix J – Costs to Administer and Implement the Agreement ................................................... 35 3 BC-YT BWMA – APPENDICES – 2016-07-08 Appendix A – Risk Informed Management A1. Overview Risk Informed Management (RIM) is an approach that guides the identification and implementation of management actions and that is informed by an understanding of the risks to and uses of a transboundary water body. It applies to all Transboundary Waters, including both surface and Groundwater. The goals of the RIM approach are to:  Support the achievement of the principles of the Master Agreement;  Facilitate joint learning, and proactive and adaptive actions; and  Apply human and financial resources in an efficient and effective manner. Key principles include:  The nature and intensity of Bilateral Water Management is commensurate with the nature and intensity of the risks to and uses of Transboundary Waters;  Bilateral Water Management is based on a mutual understanding of the Ecological Integrity of the Aquatic Ecosystem; and  Bilateral Water Management builds on the Jurisdictional Water Management actions of each Party as required to achieve the commitments of the Agreement. The RIM approach will be implemented in a manner consistent with these goals and principles. The RIM approach is one of several tools for collectively meeting the Master Agreement principles. It complements the oversight provided by the Board as well as each Party’s Jurisdictional Water Management practices. The specific RIM Commitments are documented in section 4.3 of the Agreement. This appendix provides an overview of the approach, which will guide the implementation of this Agreement. Additional details that guide the implementation of this approach for surface water quantity, surface water quality, Groundwater and biological components are outlined in respective appendices to this Agreement and related supplementary bilateral specific RIM documents. Further details regarding the RIM approach will be developed by the Bilateral Management Committee (BMC) over time. A2. Classifying Transboundary Waters Operationally, the RIM approach involves assigning Transboundary Waters to one of four classes (Figure 1), defining Bilateral Water Management actions commensurate with the class, and establishing a structured and transparent process for Bilateral Water Management. Classifications will be applied to Transboundary Waters at the border. The classification will consider development and use in the contributing basin as well as downstream needs. Bilateral Water Management actions may be directed at those contributing water bodies, but the classification is applied at the border. Criteria for classifying Transboundary Waters will be based on the type and 4 BC-YT BWMA – APPENDICES – 2016-07-08 magnitude of development along with other quantitative and qualitative factors. Classification will consider both existing and projected development, based on a detailed five-year development forecast, as well as consider the longer-term (ten-year) outlook. Assignment of a transboundary water body to a particular class will be a joint decision by the Parties and will include consideration of First Nations’ and Aboriginal peoples’ traditional uses in whose territory the classified Transboundary Waters are located. Figure 1: Risk Informed Management Approach Table 1 provides a high-level summary of the four classes, including key commitments at each class, and some considerations for classification. To improve the transparency and consistency of classification, the appendices of each Bilateral Water Management Agreement may contain more specific criteria and representative conditions that correspond to each class. However, the Parties recognize the need to retain flexibility in the future, as it will be impossible to identify every possible consideration. In general, as described in Table 1, water bodies with no or very low development/use are class 1. At class 1, it is expected that the Jurisdictional Water Management practices of each Party will be sufficient to meet transboundary commitments. Other than reporting, no Bilateral Water Management actions are required in this class. As warranted by increased development/use and other factors, Transboundary Waters will be moved to higher classes, where Bilateral Water Management actions are identified to complement Jurisdictional Water Management practices. Some level of current or planned development/use is necessary for a water body to move from class 1 to class 2, but there is no single threshold of development/use that causes a water body to move to class 2 or 3. To move from a class 1 to 2 or from class 2 to 3, the level of development/use is considered along with other factors to classify water bodies using a risk-informed approach. Other factors beyond development levels that may influence the assignment of a water body to class 2 or class 3 include, but are not limited to:  Natural or other anthropogenic stressors or vulnerabilities;  Sensitive water or ecosystem uses (e.g., traditional uses, drinking waters, heritage sites or parks);  Use conflicts or controversy;  Water quality and quantity conditions or trends; and  Aquatic Ecosystem (e.g., biological, human health or traditional use) conditions or trends. 5 BC-YT BWMA – APPENDICES – 2016-07-08 In other words, a water body that is stressed or vulnerable (e.g., low winter flows, etc.), supports sensitive uses (e.g., traditional use, drinking water, etc.), experiences water use conflicts (e.g., conflicts among users or public controversy about water or ecosystem conditions), and/or demonstrates negative conditions or trends in water quality, water quantity or Aquatic Ecosystem Indicators, may be moved up in class at a lower level of development/use than a water body that does not. The intensity of Bilateral Water Management will increase as required to support continued achievement of RIM goals and Transboundary Objectives. At class 2, a Learning Plan tailored to the needs of the water body will be developed. Learning Plans will be developed using an integrated approach, and will address relevant water quality, water quantity, Groundwater and biological considerations. As part of the Learning Plan, Triggers may be established to support learning, to prepare for setting and assessing the achievement of Transboundary Objectives, and to proactively address any negative trends. Triggers are defined in the Agreement as specific conditions defined by the Parties that will require a Jurisdictional and/or Bilateral Water Management response. More specifically, in the context of RIM, a Trigger is a pre-defined early warning of change in typical or extreme conditions that results in confirmation of the change and Jurisdictional and/or Bilateral Water Management to address the change/trend. Multiple Triggers can be set to invoke additional actions as necessary (e.g., degrading conditions) and Triggers can be set for class 2 and 3 Transboundary Waters. At class 2, Triggers may be established as part of the Learning Plans to initiate various kinds of management oversight or action (e.g., set a Transboundary Objective). At class 3, Transboundary Objectives will be established based on detailed, site-specific analysis. Transboundary Objectives establish conditions that the responsible Party or Parties commit to meet. If the BMC determines that Transboundary Objectives are not met, the water body will be designated class 4, at which point the responsible Party or Parties will identify and implement action as in section 4.3 j) through n) of the Agreement, with the goal of returning the water body to class 3. The factors that will guide an assessment under 4.3 k) will be determined at the BMC. 6 BC-YT BWMA – APPENDICES – 2016-07-08 Table 1. Transboundary Classes Class Key Commitments Classification Considerations 1 Reporting Ensure that each Party’s Jurisdictional Water Management practices meet transboundary commitments and that its policy/regulatory processes include a provision to check for transboundary impacts. Report on Developments and Activities and share available information on Aquatic Ecosystems. No additional Bilateral Water Management actions are required. Examples of Transboundary Waters in this class include those characterized by no or very little existing and projected development. 2 Learning Initiate a Learning Plan (e.g., issue scoping, monitoring, data analysis, investigations into potential effect pathways) to improve our understanding of the requirements for protecting the Ecological Integrity of the Aquatic Ecosystem. A Learning Plan will include the compilation and review of existing data and information and, if necessary, the collection of additional baseline data. The Learning Plan will form the basis for the setting of Transboundary Objectives, should they be required. As part of the Learning Plan, Triggers may be established to initiate various kinds of management oversight or action. Examples of Transboundary Waters in this class include water bodies with a moderate level of existing and/or projected development. Water bodies that are stressed or vulnerable (e.g., low winter base flows), support sensitive uses (e.g., traditional uses, drinking water supply, etc.), experience a high degree of conflict or controversy, and/or demonstrate negative conditions or trends may be moved to class 2 at a lower level of development/use than other water bodies. 3 Objective Setting Set objectives or firm conditions that the responsible Party or Parties will meet. Initiate intensive Bilateral Water Management to address specific issues. Conduct site-specific analyses where needed to assess the needs for protecting the Ecological Integrity of the Aquatic Ecosystem and to establish Triggers and Transboundary Objectives. Establish joint and/or jurisdictional monitoring programs and investigations. A jurisdiction may prepare action plans to outline how they will ensure that Transboundary Objectives are met. Examples of Transboundary Waters in this class include water bodies with either high levels of development, or a combination of moderate development with natural vulnerabilities, sensitive uses, use conflicts or controversy and/or negative conditions or trends. As indicated above, some water bodies may move to class 3 at lower levels of development/use than other water bodies. 4 Objectives not met Initiate immediate action in support of meeting the Transboundary Objective, and report progress on an agreed schedule. Additional action can follow to consider alternative ways to address the situation, such as adjusting a Transboundary Objective. The terms in section 4.3 j) through n) of the Agreement apply. The intent of the RIM approach is to prevent any water body from moving to this class. Water bodies in this class have failed to meet Transboundary Objectives and the Ecological Integrity of the Aquatic Ecosystem may not be being maintained. The responsible Party or Parties must undertake Jurisdictional Water Management action in support of meeting Transboundary Objectives. The responsible Party will consult the other Party, but retain the right to select which actions are implemented in its jurisdiction. Either Party may request the consideration of alternative ways to address the situation. The Parties will establish an agreed timeframe to implement Jurisdictional Water Management action. 7 BC-YT BWMA – APPENDICES – 2016-07-08 A3. Bilateral Water Management Actions Bilateral Water Management actions that could apply at the different classes or under different conditions are documented in the appendices or will be developed by the BMC. The intent is to provide sufficient documentation to ensure that action occurs when warranted, while giving the Parties flexibility to choose which actions are most appropriate given the actual conditions and priorities and updated information and knowledge. Key guidelines for the selection of Bilateral Water Management actions include:  Bilateral Water Management actions will be designed and implemented at a level of detail and rigor commensurate with the assigned class. Water bodies in class 1 would require less management actions than other classes (e.g., class 1 water bodies would report on Development and Activities and share available information on Aquatic Ecosystems). Class 2 water bodies would require more detailed management actions (e.g., initiation of Learning Plans, which would include monitoring, review of existing data and information, and potentially establishing Triggers). Class 3 water bodies require more intensive management actions (e.g., setting Transboundary Objectives and monitoring to ensure the objectives are being met);  The Parties will jointly decide on Bilateral Water Management actions;  There may be both Jurisdictional Water Management actions (actions undertaken by one Party) and/or Bilateral Water Management actions (actions undertaken collaboratively by both Parties);  There will be both mandatory and optional actions; appendices to the Agreement may define Triggers that require action to be taken, along with an illustrative set of sample actions, while leaving the choice of which specific action to the discretion of the Bilateral Management Committee;  A diversity of sources of relevant available knowledge, including scientific, local and traditional knowledge, and information from the general public may be considered; and  Bilateral Water Management actions will be designed in recognition of data availability constraints, opportunities and needs (e.g., Transboundary Waters with limited data availability may be subject to different actions than water bodies with more sufficient data). A4. Annual Transboundary Meeting The RIM approach includes a mandatory annual meeting of the Parties to discuss transboundary issues. At this meeting the Parties will:  Share information about the condition of, and trends, in the Ecological Integrity of the Aquatic Ecosystem, including but not limited to hydrological, meteorological, and ecological science, traditional knowledge and input from the general public of either Party;  Share updated information about current and future Developments and Activities that could affect the Ecological Integrity of the Aquatic Ecosystem of the other Party; and  Share information about relevant activities, policies and programs (e.g., conservation programs, policy changes that could affect transboundary water management, etc.). 8 BC-YT BWMA – APPENDICES – 2016-07-08 Based on updated information, the Parties will:  Jointly determine the classification for Transboundary Waters and update the relevant appendices to this Agreement;  Jointly develop and/or update Learning Plans, tracking metrics, Triggers, Transboundary Objectives, monitoring and other studies or investigations as required, and update the relevant appendices;  Review the effectiveness of Bilateral Water Management and Jurisdictional Water Management actions and identify additional or revised actions; and  Identify any other issues that need to be addressed. 9 BC-YT BWMA – APPENDICES – 2016-07-08 Appendix B – List of Transboundary Waters A list of Transboundary Waters relevant to this Agreement is provided in Table 2. These water bodies were identified using 1:250,000 National Topographical System (NTS) maps available from Natural Resources Canada. All major Transboundary Waters are included on the list. The list is not exhaustive; all small Transboundary Waters may not be included. If development or water use occurs on Transboundary Waters that are not listed in Table 2, the water body will be added at the direction of the BMC. All Transboundary Waters with current or projected (1-5 years) development or use must be listed. Table 2. List of YT-BC Transboundary Waters No. Water Body Crossing at 60° N Latitude Flow Direction Longitude West Area (km²) 1 Big Creek BC to YT 129.883911 542 2 Cormier Creek BC to YT 128.804923 276 3 Little Rancheria River BC to YT 129.804376 1,569 4 Redpot Creek 27 BC to YT 125.653647 121 5 South Albert Creek BC to YT 129.327818 247 6 Thorpe Creek BC to YT 125.760661 159 7 Tootsee River BC to YT 130.305493 440 8 Unnamed Trib to Crow River BC to YT 125.527054 129 9 Beaver River YT to BC 124 29’ 24” 7,718 10 Coal River YT to BC 127 07’ 05” 8,016 11 Contact Creek YT to BC 127 43’ 28” 158 12 Crow River YT to BC 125 24’ 15” 572 13 Hyland River YT to BC 128 10’ 44” 9,852 14 Irons Creek YT to BC 127 52’ 48” 573 15 La Biche River YT to BC 126 39’ 05 2,197 16 Liard River 2 YT to BC 128 35’ 34” 29,069 17 Smith River YT to BC 126 23’ 14” 2,082 18 Unnamed Trib to Beaver River 1 YT to BC 124.403018 286 19 Barney Lake and Tributaries Bidirectional 127.402578 88 10 BC-YT BWMA – APPENDICES – 2016-07-08 Appendix C – Use of Traditional and Local Knowledge The Master Agreement acknowledges the need to consider traditional knowledge in cooperative water management decisions within the Basin. Traditional knowledge and local knowledge are not capitalized in this Agreement or appendices because they are not currently defined herein. Traditional and local knowledge will be defined as per the practices in section C1 below. Traditional and local knowledge are of critical importance to many Aboriginal and/or local communities. When peer reviewed by knowledge holders, traditional knowledge and local knowledge contribute to a greater understanding and more comprehensive analysis of the environment. Traditional knowledge has been considered as evidence under Canadian law. The following practices will guide the meaningful inclusion of traditional and local knowledge under the RIM approach in Bilateral Water Management (as per the Agreement and appendices). This guidance is adapted from the Board’s Traditional Knowledge & Strengthening Partnerships Committee and other published sources. The Parties see this appendix as a living document that will be informed by the future work of numerous parties, including the Parties, the Board, First Nations and Aboriginal organizations, and academics. C1. Practices for the Use of Traditional and Local Knowledge in Bilateral Water Management 1. Acknowledge the value of traditional and local knowledge and the importance of traditional use; 2. Engage in dialogue and collaborative pursuits to better understand the basis, scope, and meanings of traditional and local knowledge and traditional use; 3. Identify the conclusions reached by the Parties regarding traditional and local knowledge; 4. Identify and implement ways to synthesize and blend traditional and local knowledge, western science and other forms of knowledge in decision-making under the RIM approach in Bilateral Water Management; 5. Establish and apply agreed definitions of traditional and local knowledge and traditional use with knowledge holders; 6. When requested by knowledge holders, ensure that the Parties protect sensitive traditional and local knowledge within the limits of a Party’s applicable legislation, including: (a) Ensuring knowledge holders provide their informed consent for the use of their traditional and local knowledge; (b) Where consent is not given, respecting knowledge holders ownership and control of their traditional and local knowledge; and 7. Where they exist, adhere to Party and Aboriginal community guidelines, policies or protocols regarding the collection and use of traditional and local knowledge, including: (a) Culturally appropriate methods of engaging with traditional and local knowledge holders when gathering knowledge; (b) Culturally appropriate methods of presenting traditional and local knowledge; (c) Culturally appropriate methods of presenting western science information related to Bilateral Water Management; (d) Providing reasonable benefits (e.g., cost reimbursement for participation) when working with traditional and local knowledge holders; and (e) Following formal research licensing guidelines. 11 BC-YT BWMA – APPENDICES – 2016-07-08 C2. Framework The BMC will develop a framework toward meaningful inclusion of traditional and local knowledge in decision making related to Bilateral Water Management. In addition, the framework will include how First Nations and Aboriginal organizations will be involved in monitoring and research within their territory. 12 BC-YT BWMA – APPENDICES – 2016-07-08 Appendix D – Surface Water Quantity D1. Surface Water Quantity Classification All Transboundary Waters listed in Table 2 of Appendix B are classified as class 1, except for the Beaver and La Biche Rivers which were classified as a Class 2 for water quantity (Table 3). No Class 3 water bodies were identified. The classification was based on known water uses and available water. Classification of Transboundary Waters will be reviewed at least annually by the BMC. Table 3. Classification of Transboundary Waters for Surface Water Quantity Water Body RIM Class Rationale/Comments Beaver River 2 Potential for development is high La Biche 2 Development is present and there is high potential for development The BMC will work to develop a reproducible approach to classification of Transboundary Waters that meets both Parties’ interests for water quantity, and that includes consideration of traditional uses. The BMC will begin this work by reviewing relevant risk assessment and other water management tools (e.g., BC Oil & Gas Commission’s North East Water Tool; Flow Risk Management Framework for North East). Factors to be considered in the development of a reproducible approach to classification of Transboundary Waters for surface water quantity include, but are not limited to, the sensitivity of fish species and aquatic habitats, the seasonal flow fluctuations (e.g., winter and summer low flows and spring-summer floods), statistical probabilities of extreme flow rates (e.g., flood and drought risks), the average recorded flow rate (e.g. mean monthly flows), stream size (e.g., as a function of long term mean annual discharge), the annual totals of allocated withdrawals and, when required, the estimation of consumption and return flows. The Parties have agreed to continue supporting the existing hydrometric station on the Beaver River. Yukon has agreed to establish and maintain a hydrometric station on the La Biche River. Both of these stations will be supported for at least the period of the Water Learning Plans for those rivers (Appendix I). D2. Learning Plans A Learning Plan (Appendix H1) is required for class 2 Transboundary Waters. As such, a Learning Plan will be developed for both the Beaver and La Biche Rivers. The Learning Plan provides additional information to confirm or alter the assigned classification and contribute to baseline information for Transboundary Waters. As part of the Learning Plan, ratios of allocated withdrawals (or of actual consumption) to stream flow will be tracked on an instantaneous, daily, weekly, monthly or annual basis in support of the future development of Triggers and Transboundary Water Quantity Objectives, as required. Tracking metrics in water quantity conditions will include the tracking of stream flow and amount of water allocated for various uses. Learning Plans should help to understand baseline water quantity and reflect the seasonal 13 BC-YT BWMA – APPENDICES – 2016-07-08 site-specific characteristics of each water body. This information will be used to aid with evaluation of whether a Transboundary Water should change RIM classification. D3. Approach to Setting Transboundary Water Quantity Triggers As described in Appendix A, a Trigger is a pre-defined early warning of change that results in confirmation of change and Jurisdictional and/or Bilateral Water Management to address the change/trend. Multiple Triggers can be set to invoke additional actions as necessary (e.g. degrading conditions). For water quantity, the Parties have defined a Trigger as a percentage of the Available Water (e.g., <50%) that, if exceeded, results in Jurisdictional and/or Bilateral Water Management that will be determined by the BMC. Triggers may be set for class 2 Transboundary Waters and will be set for class 3 Transboundary Waters according to the RIM approach. The BMC will determine the best monitoring location to calculate the amount of Available Water being passed from the upstream jurisdiction to the downstream jurisdiction, taking into consideration both the upstream and downstream watersheds as part of its assessment. D4. Approach to Setting Transboundary Water Quantity Objectives Available Water will be shared as per section 6.1 c) of the Agreement and the sharing will be formalized into a Transboundary Water Quantity Objective if the relevant Transboundary Water reaches class 3. The setting of Transboundary Water Quantity Objectives requires site-specific knowledge of stream and Available Water. Long-term continuous monitoring of stream flow is important to characterize hydrology of a water body and to estimate Available Water. This will allow for more site-specific information to be considered when evaluating maintenance of the Ecological Integrity of the Aquatic Ecosystem. For class 3 Transboundary Waters, the BMC will set Transboundary Water Quantity Objectives and identify, based on the best available scientific information and/or a desktop or other office-based method and/or an instream flow needs study, the amount of water needed to maintain the Ecological Integrity of the Aquatic Ecosystem and hence, the Available Water. When setting Transboundary Water Quantity Objectives for class 3 Transboundary Waters, the amount of Available Water passing from the upstream jurisdiction will be calculated at a location determined by the BMC. The BMC will take a watershed approach in determining the location of monitoring stations. D5. Water Quantity Objectives for Class 3 Water Bodies At time of signing, no Transboundary Waters were designated as class 3, therefore, no Transboundary Water Quantity Objectives were set. Transboundary Water Quantity Objectives will be set so that the determined sum of the needs for maintaining the Ecological Integrity of the Aquatic Ecosystem, protects the most sensitive use/user of the water body which includes:  Drinking water;  Traditional uses; 14 BC-YT BWMA – APPENDICES – 2016-07-08  Aquatic life;  Wildlife; and  Recreation and aesthetics. Transboundary Water Quantity Objectives will be set by the BMC as required using an agreed upon desktop methodology or instream flow needs study. D6. Water Quantity Conditions and Actions Table 4 outlines some of the required responses to certain water quantity conditions that may arise in Transboundary Waters. This list was not exhaustive at the time of signing and will be amended through the BMC. Table 4. Water Quantity Conditions and Associated Actions1 Water Quantity Condition Required Response Sample Actions / Comments  Development and/or water use occurs in a Transboundary Water not listed in Appendix B  The Transboundary Water will be added to the list in Appendix B.  The Transboundary Water is classified.  Licences and other authorized withdrawals are tracked.  Transboundary Water is designated as a class 2  Learning Plan is developed and implemented.  Tracking metrics are determined.  Triggers may be developed.  Amounts of withdrawals and return flows are estimated.  Compile baseline data and assess need for new information.  Track ratios of licences and other authorized withdrawals to stream flow.  Improve understanding of Aquatic Ecosystem.  Prepare for the setting of Transboundary Water Quantity Objectives, if required. 1 This table includes examples of conditions and potential responses/actions. Further detail on the type of actions that will be taken will be developed by the BMC. 15 BC-YT BWMA – APPENDICES – 2016-07-08 Water Quantity Condition Required Response Sample Actions / Comments  A drought (or flood) event occurs in any classified Transboundary Water  Notify other jurisdiction of event and identify any actions that will be taken immediately or if event persists.  If required, assess impact to water quality, Groundwater and biological components of the Aquatic Ecosystem.  Determine whether a Trigger or Transboundary Water Quantity Objective (if applicable) has been reached.  Suspend uses as required to maintain Aquatic Ecosystem health  During hydrological drought conditions, after all reasonable conservation measures have been implemented and where inflows continue to decline, BMC will seek an appropriate balance among basic human needs (i.e. water for drinking, food preparation, and sanitation; water for animals or poultry that are kept for household use or as pets; and water for fire protection) and other ecosystem needs.  Transboundary Water is designated as a class 3  Track actual withdrawals.  Develop Triggers and set Transboundary Water Quantity Objectives based on an agreed desktop or other office-based method or an instream flow needs study.  Assess need to conduct instream flow needs study.  Total allocated water (licences and other authorized withdrawals) in upstream jurisdiction exceeds Trigger  The BMC will seek confirmation of actual withdrawals and estimated return flows.  Refine estimate of return flows.  Actual water consumption exceeds Trigger (approaches Transboundary Water Quantity Objective)  If Transboundary Water Quantity Objectives have not been set using an instream flow needs study, revise Trigger and/or Transboundary Water Quantity Objectives based on a refined desktop or other office-based method or proceed with the determination of the Available Water through an instream flow needs study.  Jurisdictional Water Management 16 BC-YT BWMA – APPENDICES – 2016-07-08 Water Quantity Condition Required Response Sample Actions / Comments  Actual water consumption exceeds Transboundary Water Quantity Objective  Clauses in sections 4.3 j) through n) of the Agreement apply.  Transboundary Water may be designated a class 4  Class 4 Jurisdictional Water Management actions, if designated. 17 BC-YT BWMA – APPENDICES – 2016-07-08 Appendix E – Surface Water Quality E1. Surface Water Quality Classification Transboundary Waters are listed in Appendix B. All Transboundary Waters were classified as 1, except for the Beaver and La Biche Rivers which were classified as a Class 2 for water quality (Table 5). No Class 3 water bodies were identified. Table 5. Classification of Transboundary Waters for Surface Water Quality Water Body RIM Class Rationale/Comments Beaver River 2 Potential for development is high. La Biche 2 Development is present and there is increased potential for development. This classification was agreed based on a discussion of preliminary criteria agreed upon by each Party. Ongoing monitoring of water quality in Transboundary Waters is essential for refining the approach used to assess risk to surface water quality. The Parties have agreed to continue to seek opportunities to fund baseline surface water quality monitoring on the La Biche and Beaver Rivers as per Appendix I. Classification of Transboundary Waters will be reviewed at least annually by the BMC. The Parties agree that a reproducible approach for classification of Transboundary Waters is warranted. The BMC will work to develop a reproducible approach that meets both Parties’ interests, and that includes consideration of traditional uses. The BMC will begin this work by reviewing the existing draft Water Quality Ranking System to Classify Transboundary Water Bodies provided by BC and the Receiving Water Classification System for the NWT provided by the NWT. Other relevant approaches will also be considered. E2. Learning Plans A Learning Plan is required for class 2 Transboundary Waters (see Appendix H1). The Learning Plan provides additional information to confirm the assigned classification and contribute to baseline information for Transboundary Waters. The Learning Plan will include a screening level risk assessment which may incorporate a monitoring strategy, dependent upon the availability of information, and the level of risk to ecological (which includes biological/human) receptors. A key objective of the Learning Plan will be to evaluate the current and projected level of risk posed to water quality, quantity, biology and the Aquatic Ecosystem. This will involve the review of all available relevant watershed information (e.g., land and water use, ongoing and proposed resource development, existing water quality, quantity, biological Indicators data, and traditional use values) and the preparation of a conceptual model that describes the:  Point and non-point source discharges; 18 BC-YT BWMA – APPENDICES – 2016-07-08  Parameters of concern and their environmental fate and transport pathways; and  Human, biological and ecological receptors. Tracking metrics will be developed for class 2 Transboundary Waters to enhance learning. Tracking metrics are for information, assessment and learning purposes. Tracking metrics will be developed using valid methods to help understand baseline water quality, identify changes in water quality conditions, assess the risk of development, and enable the BMC to identify potential provincial/territorial water quality issues. Tracking metrics will also help to identify any new or emerging parameters of concern as well as aid with the evaluation of whether a water body should change RIM classification. If a parameter that is not of concern based on the risk assessment begins to trend, the cause will be investigated and it will be determined if the status of the parameter should be changed to a parameter of concern. Tracking metrics will be developed by the BMC to reflect the seasonal site-specific characteristics of each water body. In the interim, percentile values will be used to describe typical (50P) or the upper boundary of typical, non-extreme conditions (e.g. 75P) whereas the upper boundary of extreme conditions will be described using, for instance the 90P or 95P. The Learning Plan and the information gathered from tracking metrics will be useful to support the development of Triggers and Transboundary Water Quality Objectives (Appendix E3 and E5), as required (see Appendix H1). E3. Approach to Setting Water Quality Triggers As described in Appendix A, a Trigger is a pre-defined early warning of change in typical or extreme conditions that results in confirmation of change and Jurisdictional and/or Bilateral Water Management to address the change/trend. Multiple Triggers can be set to invoke additional actions as necessary (e.g. to address degrading conditions). For water quality, Triggers may be set for the parameters of concern and human, biological, and ecological Indicators at class 2 but a more complete suite of triggers will be set at class 3. The methodology for developing Triggers will be discussed as part of the Learning Plan by the BMC. Traditional knowledge and traditional use will be included in the derivation of Triggers. Triggers will be set for the water quality parameters of concern that have been identified through the Learning Plans for the La Biche and Beaver Rivers (Table 6). 19 BC-YT BWMA – APPENDICES – 2016-07-08 Table 6. Definitions, examples and potential management actions for Triggers that will be set for water quality parameters of concern as identified through the Learning Plan.2 Definition Examples Potential Management Actions Trigger 1  Trigger 1 is a pre defined early warning of potential changes in typical conditions which results in Jurisdictional and/or Bilateral Water Management to confirm that change. Multiple Triggers can be set to invoke additional actions if conditions decline.  Exceedance of a water quality concentration based on background conditions (e.g. 30-day average concentration)  Shift in central tendency (e.g., 50 th percentile) and/or some other percentile (e.g. 75 th )  A statistically significant degrading trend in water quality when monitoring activities occur.  A change in the dissolved/total ratio.  A pre-defined degree of change in land or water use.  Trigger 1 can be used either alone or in conjunction with Trigger 2  Jointly review water quality data/changes  Confirm the change is real  Jointly investigate cause and risk (i.e. land use change)  Investigate other media (hydrometric, sediment and/or biota), as appropriate, to provide supporting evidence Trigger 2  Trigger 2 is a second warning indication that extreme conditions are changing which results in Jurisdictional and/or Bilateral Water Management.  A second pre-defined early warning to provide additional information to confirm changes in conditions  For water quality or biological parameters this would be defined statistically (e.g. upper limit of background: 90 th percentile or upper prediction limits: 95UPL)  Trigger 2 can be used either alone or in conjunction with Trigger 1  Continue investigation using an ecosystem approach using all available evidence (i.e. weight of evidence approach)  Adjust monitoring design (e.g., increase frequency, parameters, and/or sites) as necessary  Compare to upstream, downstream and/or regional sites  Discuss the need to change to class 3 E4. Water Quality Triggers To be determined after signing at the appropriate time as per RIM. 2 This table includes examples of conditions and potential responses/actions. Further detail on the type of actions that will be taken will be developed by the BMC. 20 BC-YT BWMA – APPENDICES – 2016-07-08 E5. Approach to Setting Transboundary Water Quality Objectives This section describes the general approach to setting Water Quality Objectives. For class 3 Transboundary Waters, Transboundary Water Quality Objectives will be set for the water quality parameters of concern that have been identified as part of the Learning Plan. Transboundary Water Quality Objectives will be set to protect the most sensitive use/user of the water body which includes:  Drinking water;  Traditional uses;  Aquatic life;  Wildlife;  Agriculture (irrigation and livestock watering);  Recreation and aesthetics; and  Industrial water supplies including food processing. In setting Transboundary Water Quality Objectives, the Parties will:  Consider a range of relevant methods;  Select methods that are credible and transparent;  Utilize relevant science and traditional and local knowledge;  Ensure that methods and resulting Transboundary Water Quality Objectives are based on a weight of-evidence approach (including science and traditional knowledge);  Use best available data and information, and improve / adapt over time;  Consider the ecological significance of trends in water quality and quantity;  Design Transboundary Water Quality Objectives to protect all uses, including traditional uses;  For the protection of aquatic life, design Transboundary Water Quality Objectives to protect the most sensitive species at all life stages;  Consider the potential for synergistic and cumulative effects from multiple sources and parameters;  Recognize each Party’s right to use water and equitably share the assimilative capacity; Recognize the terms of land claims agreements, which the parties have reviewed and understood which the parties have reviewed and understood; and  Meaningfully engage other interested third parties and bring their input to the BMC. The Parties agree that the approach to develop and implement Transboundary Water Quality Objectives requires further discussion and resources (Table 7). This will be discussed at the BMC, within 3 years of the Agreement being signed, unless land development significantly increases within this time period, and the BMC agrees to engage on development of methodology sooner. 21 BC-YT BWMA – APPENDICES – 2016-07-08 Table 7. Definitions, examples and potential management actions for Transboundary Water Quality Objectives that will be set for water quality parameters of concern identified as part of the Learning Plan. E6. Toxic, Bioaccumulative and Persistent Substances As per section 7 d) of the Agreement, the Parties are committed to pollution prevention and sustainable development to meet the objective of the virtual elimination for substances that are human-made, toxic, bioaccumulative and persistent. Virtual elimination refers to reducing, in the medium to long term, the concentration of designated substances to levels below or at the limits of measurable concentrations. To meet these commitments, the BMC will assess the risks associated with toxic, bioaccumulative and persistent substances as part of Learning Plans and determine monitoring efforts commensurate with that level of risk. Monitoring priorities and management will be discussed at the BMC and given to the substances that result from ongoing anthropogenic activities in the basins. It is recognized that, in some cases, it will take time to identify and implement alternative courses of action. The Parties will promote the use of safer chemical substances by supporting technologies that reduce or eliminate the use and release of substances that have been deemed toxic, bioaccumulative and persistent. It is recognized that some of these substances may occur as the result of a force majeure event beyond that Party’s reasonable control. Definition Examples Potential Management Actions Objective A Transboundary Water Quality Objective is a conservative value that is protective of all uses of the water body, including the most sensitive use. Exceedance of Transboundary Water Quality Objectives may represent unacceptable change and result in Jurisdictional and/or Bilateral Water Management to stop trend and/or exceedance(s). A defined numerical value, agreed to by both Parties through the BMC; A narrative statement describing the biological characteristics of the ecosystem e.g., fish abundance. Relevant jurisdiction takes necessary Jurisdictional Water Management action to stop trend and/or exceedance(s). Exceedance of a Transboundary Water Quality Objective may move the water body from a class 3 to a class 4. 22 BC-YT BWMA – APPENDICES – 2016-07-08 Appendix F – Groundwater F1. Classification of Transboundary Groundwater Hydrogeological information to delineate Transboundary Groundwater in the YT-BC border region is scarce and most of the aquifers in this area are not defined and mapped; thus, watershed boundaries were used as a surrogate for delineating Transboundary Groundwater at the sub-basin level. These surrogates are referred to as groundwater areas, which will be used until more information is available and aquifers are mapped. Groundwater areas provide an area based framework for data collection and synthesis and identification of key information gaps. It was assumed that topographic slope reflects shallow Groundwater flow directions and that surface sub-basins generally reflect Groundwater flow patterns within the smaller discrete sub-watershed units in order to facilitate management and investigations of Groundwater. The Liard sub-basin 2, 3 & 4, Teslin sub-basin 1 & 2 and Alsek sub basin 1 & 2 were defined as groundwater areas relevant to this agreement and were classified based on Groundwater areas (Figure 2). Based on current available information all of the seven Transboundary Groundwater areas were classified as class 1 for both quantity and quality. Figure 2. Groundwater Areas The BMC will work to develop a reproducible approach for classification of Transboundary Groundwater that meets both Parties’ interests. The BMC will begin this work by reviewing relevant risk assessment tools (e.g., The British Columbia, Yukon and Northwest Territories Trans-boundary Groundwater Area 23 BC-YT BWMA – APPENDICES – 2016-07-08 Classification Scheme, a modified version of the BC Aquifer Classification System, produced by British Columbia). The method will improve over time as more data are collected. Factors to be considered in the development of a reproducible approach to classification of Transboundary Groundwater include, but are not limited to, Groundwater quality, Groundwater quantity, domestic well density, community wells, irrigation and other large production wells, water source wells, surficial geology, hydrogeologic and subsurface geology data, land use (including assessment of risk from hydraulic fracturing and deep water injection, etc.). F2. Learning Plans Learning Plans are initiated for class 2 Transboundary Groundwater, where there is some concern that current conditions or predicted conditions resulting from a proposed land use will pose a risk to Groundwater quality and/or quantity and associated aquatic resources. Learning Plans provide additional information needed to confirm or alter the assigned classification and contribute to the baseline information for a Transboundary Groundwater. A Learning Plan will provide a screening level risk assessment which may include an assessment and monitoring strategy, dependent upon the availability of information, and the level of risk to receptors. A key objective of the Learning Plan will be to evaluate the current level of risk posed to Groundwater quantity and/or quality and the Aquatic Ecosystem. This will involve the review of available relevant information (e.g., land use, ongoing and proposed resource development, water quality, biological Indicators data where applicable, etc.) and the preparation of a conceptual model that describes the:  Sources of point and non-point discharges and substances of concern;  Environmental fate and transport pathways for these substances; and  Human, biological and ecological receptors (including traditional use values where appropriate). As part of the Learning Plan, surficial and subsurface geological mapping to outline the physical structure and extent of the different rock and soil units that cover the Transboundary Groundwater may be conducted. This could include an assessment of local surficial and bedrock geology, including stratigraphy, depth, thickness, composition, water-bearing potential and lateral continuity. As part of the Learning Plan, tracking metrics will be developed to help understand baseline Groundwater quality and quantity. These tracking metrics will be used to aid with evaluation of whether a water body should change RIM classification. F3. Triggers and Objectives The Parties will work towards preventing, better understanding and, potentially, resolving Transboundary Groundwater issues. Triggers, Transboundary Groundwater Objectives and Jurisdictional or Bilateral Water Management actions will be determined at the BMC after signing. A Trigger is a pre-defined early warning of change that results in confirmation of the change and Jurisdictional and/or Bilateral Water Management to address the change/trend. Multiple Triggers can be set to invoke additional actions as necessary (e.g. degrading conditions). A Transboundary Groundwater Objective identifies a change in conditions that if exceeded, results in Bilateral Water Management. Methods to develop Transboundary Groundwater 24 BC-YT BWMA – APPENDICES – 2016-07-08 Objectives for both quantity and quality will be discussed at the BMC. Transboundary Groundwater Objectives will be set for class 3 Groundwater areas in accordance with the RIM approach. Transboundary Groundwater Objectives for quantity will be based on the equitable sharing of the sustainable yield of Transboundary Groundwater. Conditions that could be used to assess if a Transboundary Groundwater should be reclassified are included, but not limited to, the quantity and quality sections below. These will be further developed by the BMC. F3.1 Quantity  Temporal (and statistically significant) change in Groundwater level, at an established monitoring location in a Transboundary Groundwater area;  Impact to sensitive water body or wetland as demonstrated by water level changes;  Decrease in base flow at a hydrometric station;  Decreasing well supplies due to overall Groundwater level decline;  Accuracy of modeled versus measured conditions in established monitoring wells; and  Change in Developments and Activities. F3.2 Quality  A significant trend in Groundwater quality indicating a general degradation in quality;  Occurrence of specific contaminants at levels above background at monitoring stations;  Groundwater quality results indicating that health-related maximum acceptable concentration(s) have been exceeded or treatment limits for aesthetic parameters have been exceeded; and  Change in Developments and Activities. 25 BC-YT BWMA – APPENDICES – 2016-07-08 Appendix G – Biological G1. Classification The Parties agreed not to classify water bodies based on the biological component at this time. Biological considerations have been integrated into the Learning Plans for class 2 Transboundary Waters. The need for separate classification based on the biological component of Class 2 water bodies will be re-assessed by the BMC. The Parties agree that biological monitoring is not dependent on a change in water quality and/or water quantity and will be considered separately for the following reasons:  Considering that biota are sensitive Indicators, biological monitoring can be used as an early warning that a change in the environment is occurring, which allows for an adaptive response;  Biota can be affected by factors other than the quality or quantity of water such as cumulative effects, climate change, and loss of habitat or habitat degradation which can affect access, cover, substrate and food;  The presence of exotic species cannot be detected through water quality or quantity monitoring; and  Contaminants can cause harm to aquatic life or pose a health hazard, such as to people eating fish well before contaminant concentrations in water indicate there is a problem. G2. Learning Plans The biological component is incorporated into section H1 of Appendix H: Surface Water Learning Plan. Class 2 Transboundary Waters must have Learning Plans that include a biological component. As part of the Learning Plan, biological Indicators will be discussed at the BMC. A biological Indicator is a species, community or biological process used to provide qualitative and/or quantitative information on the state of the Ecological Integrity of the Aquatic Ecosystem and how it changes over time. G3. Biological Monitoring and Indicators Biological Indicators are used to track the status/conditions of living organisms in order to inform Bilateral Water Management, primarily the setting of Transboundary Objectives. Monitoring biological Indicators (e.g. plants, invertebrates, fish) provides complementary information to physical and chemical monitoring programs to assess ecosystem health with respect to the cumulative effects of multiple substances, water withdrawals, climate change and habitat alteration. It can also provide an early warning of change or stress in the aquatic environment. The early warning allows for a proactive and adaptive response to ensure the protection of all uses and to ensure the protection of the health of aquatic organisms, wildlife and humans. In determining appropriate biological Indicators and developing biological monitoring programs, the Parties will apply the following guidelines:  Biological Indicators will be identified through the use of conceptual models developed for a water body as part of a Learning Plan; 26 BC-YT BWMA – APPENDICES – 2016-07-08  The selection of biological Indicators and intensity of monitoring will be guided by site-specific needs and commensurate with the nature and intensity of the risks;  Biological Indicators apply to all components (i.e., water quality, quantity and Groundwater) and will be used to track conditions and/or monitor Transboundary Objectives for other components where appropriate;  Biological Indicators will employ the use of statistical methods to identify when Triggers are moving outside of natural variability and/or reference sites; the management framework described in Appendix E3 will apply to biological Indicators identified through the Learning Plan and/or adopted as Transboundary Biological Objectives; and  Methods that will be explored by the BMC for the monitoring of biological Indicators may include, but are not limited to: o Comparison to historical tissue metal concentrations, nutrients and organic compounds and guidelines for large or small bodied fish and benthic invertebrates; o Presence/absence of fish compared to historical accounts for large and small bodied fish; o Hepatosomatic Index (HSI) and Gonadosomatic Index (GSI), weight at age, condition of fish for large bodied fish; o Critical effects size; and o Benthic invertebrate bio-monitoring (e.g., CABIN protocol, BACI design). Tracking metrics will be developed as part of the Learning Plan. Triggers will be identified through Learning Plans. A Trigger is a pre-defined early warning of change in typical or extreme conditions that result in confirmation of change and Jurisdictional and/or Bilateral Water Management to address the change/trend. Multiple Triggers can be set to invoke additional actions as necessary (e.g. degrading conditions). G4. Transboundary Biological Objectives Transboundary Biological Objectives may be established for class 3 water bodies in the future as deemed necessary and appropriate by the BMC. Transboundary Biological Objectives would have specific associated management actions. The development of Transboundary Biological Objectives will be informed by biological monitoring programs, with different associated management actions. There are many international examples of the use of Biological Objectives. These would be reviewed by the BMC as needed. 27 BC-YT BWMA – APPENDICES – 2016-07-08 Appendix H – Learning Plans H1. Surface Water Learning Plan This appendix provides a draft Surface Water Learning Plan table of contents for typical class 2 Transboundary Waters. This table of contents is not exhaustive. The BMC will jointly decide where to place effort on a case-by-case basis. The Surface Water Learning Plan will be developed in conjunction with other components, such as Groundwater, to ensure an overall ecosystem approach. Traditional knowledge and use information will be considered in every aspect of the Learning Plan. 1.0 Watershed Profile 1.1 Introduction 1.1.1 Climate 1.1.2 Topography 1.1.3 Geomorphology and geology (including soils) 1.1.4 Vegetation 1.1.5 History 1.2 Current and proposed Developments and Activities (agriculture, forestry, urban and rural population distribution, infrastructure, resource extraction, and industries) 2.0 Water Uses 2.1 Water licences and other authorized water withdrawals 2.2 Traditional/cultural use 2.3 Aquatic ecosystem & wildlife 2.4 Tourism and recreation 2.5 Community water supplies 2.6 Navigation (including barge traffic) 2.7 Other designated uses 3.0 Influences on Water Resources 3.1 Water licences and other authorized water withdrawals and return flows 3.2 Point source discharges 3.3 Fisheries (commercial and recreational) 3.4 Non-point source loadings 3.5 Air emissions (local and long range transport of atmospheric pollutants) 3.6 Climate change 3.7 Cumulative effects 3.8 Future development s 3.9 Other (e.g. wildfires) 4.0 Ambient Environmental Conditions 4.1 Existing traditional knowledge related to aquatic ecological health 4.2 Existing water quality conditions (including comparison to water quality guidelines and/or objectives) 4.3 Existing sediment quality conditions (including comparison to water quality guidelines and/or objectives) 4.4 Hydrology 28 BC-YT BWMA – APPENDICES – 2016-07-08 4.4.1 Regional and basin-wide water quantity 4.4.1.1 Trends in total annual and seasonal flows 4.4.2 Frequency and severity of floods and droughts 4.4.2.1 Trends in flood and drought conditions 4.4.3 Flow and water quality 4.4.4 Flow and biology 4.4.5 Groundwater and surface water interactions 4.5 Aquatic Ecosystem Structure 4.5.1 Aquatic plants 4.5.2 Zooplanktons 4.5.3 Benthic invertebrates 4.5.4 Fish (diversity, abundance, distribution, habitat conditions) 4.5.5 Wildlife 5.0 Conceptual Model 5.1 Point source waste discharges 5.2 Non-point sources of pollution 5.3 Parameters of concern 5.3.1 Environmental fate and pathways analysis for parameters of concern 5.3.2 Bioaccumulation/biomagnification risk for parameters of concern 5.4 Receptors 5.4.1 Analysis and rationale for human receptors 5.4.2 Analysis and rationale for biological receptors 5.4.3 Analysis and rationale for ecological receptors 5.5 Biological Indicators 5.5.1 Analysis and rationale for biological Indicators 6.0 Receptor Risk Assessment 6.1 Risks to water uses 6.2 Risks to Aquatic Ecosystem structure and components 6.3 Human health 6.4 Potential for cumulative effects affecting water quantity or quality 6.5 Risks related to climate change. 7.0 Knowledge Gaps 8.0 Monitoring Requirements 8.1 Monitoring approaches, procedures, methodology 8.2 Monitoring Sites 8.2.1 Water Quality Monitoring Schedule 8.2.2 Biological Indicators Monitoring Schedule 8.2.3 Hydrometric Monitoring 8.2.4 Data analysis and reporting 8.2.4.1 Tracking metrics 8.2.4.2 Triggers 29 BC-YT BWMA – APPENDICES – 2016-07-08 Appendix I – Monitoring This appendix describes the commitments of the Parties, subject to sections 1.4 and 13.2 of the Agreement, for both direct Agreement implementation monitoring as well as broader regional and Basin-level monitoring as defined in section 10.2 of the Agreement. I1. Summary of Commitments Long-term monitoring is critical to understanding whether significant changes are taking place in the natural environment. Long-term datasets reveal important patterns, which allow trends, cycles, and rare events to be identified. This is particularly important for complex, large systems where signals may be subtle and slow to emerge. Long-term datasets are essential to test hypotheses that may have been overlooked at the time the monitoring was started. With increasing variability in hydrological regimes associated with increasing climatic variability, long-term monitoring is critically important. Transboundary monitoring includes:  Stations at which monitoring for Transboundary Objectives will occur;  Stations that support transboundary management as well as broader regional and Basin-level monitoring network. As part of the Learning Plans for class 2 Transboundary Waters, the Parties will assess monitoring needs and priorities as well as appropriate locations for monitoring Transboundary Waters with regard to surface water quantity and quality, Groundwater quantity and quality, and biology. They may consider the addition of monitoring for air or human dimensions in the future. In the meantime, the Parties will continue to encourage and support the long-term monitoring conducted by Environment Canada and Mackenzie River Basin jurisdictions (see Table 8). The identification of monitoring stations that may be monitored over the long-term, for the BWMA will be based on a scientific and traditional knowledge assessment. These stations can also form part of the regional and basin level monitoring. For class 2 or 3 water bodies this is likely to include, but is not limited to, information derived from Learning Plans. Monitoring stations in unclassified and classified level 1 water bodies may be included to provide comparisons to background or reference conditions. Table 8 lists the present status of the Transboundary Water Quality and Hydrometric Stations in the Liard Basin. The number and location of stations may vary based on available funding and jurisdictional priorities. Parties will communicate any changes to monitoring programs. The station located on the Liard at Upper Crossing can provide information as part of the BWMA. Scientific and traditional knowledge assessment will occur as part of the Learning Plans for the La Biche and Beaver Rivers and may identify monitoring stations specific to these water bodies that could be included in the BWMA program. Additional assessment will be conducted jointly to inform the regional and basin level programs. I2. Joint Monitoring Arrangements Table 8 lists the present hydrometric stations monitored by BC and Yukon. Some of these stations are or may be monitored through existing hydrometric and water quality agreements currently in place 30 BC-YT BWMA – APPENDICES – 2016-07-08 between British Columbia, Yukon and Environment Canada and other applicable programs. The applicable agreements include:  Canada- BC Memorandum of Agreement on the Hydrometric Monitoring Network for BC;  Canada-Yukon Memorandum of Agreement on the Hydrometric Monitoring Program for the Yukon; and  Canada-Yukon Water Quality & Ecosystem Monitoring and Reporting Agreement (anticipated agreement). I3. Water Quantity For this Agreement, surface water quantity is monitored to ensure equitable sharing of Available Water between Parties and to maintain the Ecological Integrity of the Aquatic Ecosystem. To accomplish this, surface water quantity should be monitored on a regional, Basin-wide level and tracked with water withdrawals and return flows, water quality and the biological components in the Aquatic Ecosystem. There are currently 24 water quantity stations in the Liard River basin that record and report data in real time. An appropriate water quantity monitoring border station will be determined by the BMC. Scientific and traditional knowledge assessment will occur as part of the Learning Plans for the La Biche and Beaver Rivers and may identify monitoring stations specific to these water bodies that could be included in the BWMA program. The Parties recommend that two stations, which lie along the main stem of the Liard River, and which are operated by Environment Canada (Figure 3; Table 8), be included in the long term regional and basin level monitoring program. Snow stations will be added to this Appendix by the BMC after the time of signing. I4. Water Quality The primary goals of monitoring Transboundary Waters are to track changes in water quality over time, determine anthropogenic and natural drivers for changes in water quality, and ultimately ensure that water quality is protected for all water uses. While monitoring can help ensure the upstream jurisdiction does not cause unreasonable harm to the Ecological Integrity of the Aquatic Ecosystem in the downstream jurisdiction, monitoring should also be used to demonstrate that the downstream jurisdiction is not causing unreasonable harm as some aquatic resources (e.g., fish) may occur in both jurisdictions. There are five water quality monitoring sites near the border in the BC-YT region (Figure 2; Table 8). The two sites located on the Liard River were originally established out of federal/provincial/territorial interest (e.g. transboundary). The main goal of these sites is to examine long-term changes in water quality to assess trends. The Liard River at Lower Crossing site was discontinued in 1994. The stations along the Beaver and La Biche Rivers monitor for baseline purposes. Monitoring frequency may vary and is dependent upon obtaining external funding. Monitoring on the Liard at Upper Crossing can provide information to support the development of the Learning Plan and the potential development of Triggers. However, scientific and traditional knowledge assessment will occur as part of the Learning Plans for the La Biche and Beaver Rivers and may identify monitoring stations specific to these water bodies that could be included in the BWMA program. 31 BC-YT BWMA – APPENDICES – 2016.05.25 Table 8. Current (2014) Status of Transboundary Water Quality and Hydrometric Monitoring Stations in the Liard Basin. SITE INFORMATION QUALITY HYDROMETRIC Site Name Coordinates Jur Purpose of Monitoring* Station # Funder Freq Period of Record Station # Funder Period of Record Liard River at Upper Crossing# 60.047 128.90 2 YT Long-term YT10AA0001 Fed-YT 12X/yr 1991 2015** YT10AA0001 Fed-YT 1942 present Liard River at Lower Crossing# 59.413 126.09 4 BC Long-term BC10BE0005 Discon’t Discon’t 1984-1994 BC10BE0005 Fed 1944 present Beaver River below Whitefish River 60 07 52 N 124.53 21 W YT Baseline BEVR-001 YT 3-4X/yr 2014 present YT10BD001 Fed-YT 1977 1993; 2014 Present LaBiche River at Yukon BC Boundary 60 0 21 N 124 6 30 W YT - - - - - YT10DB001 Fed-YT 2015 LaBiche Station (upstream baseline) 60 08 51 N 124.03 41 W YT Baseline LBCH-002 YT 3-4X/yr 2014 present LaBiche Station (downstream, at bridge crossing) 60.04 67 N 124.02 14 W YT Baseline LBCH-001 YT 3-4X/yr 2014 present *Note: Baseline studies are funded external to existing branch allotments. As such, the duration of sampling is dependent upon obtaining external funds and priorities of Yukon government. **The period of record may not be complete as the station was temporarily suspended. 32 BC-YT BWMA – APPENDICES – 2016-05-25 Figure 3. Current Location of Transboundary Water Quality and Hydrometric Monitoring Stations in the Liard Basin. 33 I 4. Biology Ecosystem health and diversity is evaluated by monitoring biological Indicators, hence the importance of incorporating these in this Agreement and regional and Basin-level monitoring programs. Some biological monitoring has taken place in the NWT-BC border region as described below. Additional biological monitoring may have occurred in the region. Further research on past and current monitoring will be done by the BMC. Benthic Invertebrates Biological monitoring is currently occurring in Northeastern British Columbia to establish baseline benthic macroinvertebrate conditions for the development of a reference condition model for future water quality assessment. Approximately 25 sites were recently sampled for two consecutive years, by Environment Canada following CABIN3 protocol. It is expected that a model will be developed in the next year or so. The British Columbia Ministry of Environment and their partners and stakeholders, subject to available resources, will be collecting biomonitoring information that will be used for the development of the reference condition model. Fish In 1998, the Liard River Environmental Quality Monitoring Program (EQMP) was developed and measured the baseline condition of the aquatic ecosystem to compare with future samples (Taylor et al, 19984). The program provided baseline data on contaminant levels in Liard River fish, water and suspended sediment to ensure that any present hazards were known, and to support Transboundary Water negotiations. The program gave special attention to contaminants likely to result from metal mining and oil and gas development. The Yukon Government conducts a variety of different types of fish monitoring in the Liard basin. Lake surveys of fish populations and angler harvest studies are done on a rotational basis across Yukon’s lakes including lakes within the Liard Basin. Aquatic health monitoring is also conducted on wadeable streams using CABIN protocols. Biomonitoring Indicators and Locations The Parties acknowledge the importance of monitoring biological components and agree that it will be considered when developing a monitoring program at the regional and Basin-wide level. Biological Indicators and sampling locations may be determined as part of the Beaver River and La Biche River Learning Plans at the BMC after signing of this Agreement. 3 Canadian Aquatic Biomonitoring Network 4 Taylor, B., J. Sanderson and C. Lafontaine. Liard River Environmental Quality Monitoring Program: Final Study Report. Water Resources Division, Department of Indian Affairs and Northern Development (DIAND). 1998. 232 pp. 34 Approach for the Inclusion of Biological Monitoring The approach for the inclusion of biological monitoring will be determined at the BMC after signing of this Agreement as described in the Learning Plan. The Parties agree, for a variety of reasons, as listed in Appendix G, that biological monitoring can be developed independently from a water quality and/or quantity monitoring program. 35 Appendix J – Costs to Administer and Implement the Agreement Section 13.2 of this Agreement states: The Parties agree that the costs to administer and implement this Agreement (as described in Appendix J) are subject to each Party’s appropriation and allocation of resources, and the 3-5-year work plan approved under section 13.1.2 f) of this Agreement. Although it is impossible to identify every cost that may arise, the Parties provide this partial list to clarify the nature of costs that may be required to administer and implement this Agreement. For the purpose of this Agreement, costs are anticipated to fall under three categories: administration, bilateral implementation, and jurisdictional implementation. Tasks under this Agreement may be completed by a Party with either in-kind effort or direct resourcing (allocated from within a Party) or externally sub-contracted services, and may involve both capital and operating costs. The following is provided for illustration of anticipated costs. 1. Administration of Agreement [costs to be borne by each jurisdiction separately] Each Party is responsible for payment of its:  Participation on the BMC and its technical committees (e.g., staff time, travel, meeting costs, etc.);  Documentation and reporting with respect to this Agreement;  Participation on any related committees as might be convened by the BMC or the Board (e.g., staff time, travel, meeting costs, etc.) under BMC direction;  Share of costs for administration of any committees convened by the BMC or the Board. 2. Bilateral Implementation of Agreement The Parties agree to share bilateral implementation costs equally (50/50), with modifications on a case by-case basis. As required by this Agreement or as determined by the BMC, in accordance with section 13.2 of the Agreement, costs will be shared as required for the following:  Monitoring: Capital and operating costs associated with the maintenance of existing or purchase, installation and operation of new monitoring and gauging stations related to: o developing and implementing Learning Plans; o setting, monitoring and revising (as required) Transboundary Objectives; o other monitoring or research as directed by the BMC or agreed by the BMC based on recommendations from a technical committee of the Board;  Learning Plans: Costs associated with preparation, development and implementation of Learning Plans (e.g., studies, monitoring, fieldwork, research, analysis);  Board: Resources allocated as a Party's share to support any technical committee of the Board;  Research: Costs associated with research as directed by the BMC or agreed by the BMC based on recommendations from a technical committee of the Board. 36 3. Jurisdictional Implementation of Agreement [costs to be borne by each jurisdiction separately]: Each party is responsible for the cost of implementing its Jurisdictional Water Management commitments under this Agreement, including costs associated with:  Consultation;  Coordination with other jurisdictions (upstream and downstream);  Information sharing, notification and consultation (i.e., sections 5 and 12 of this Agreement);  On-going assessment of Triggers;  Meeting Transboundary Objectives: o Regulatory actions or changes; o Policy or planning actions or changes; o Additional monitoring or studies; o o Mitigation, enhancement, and/or other conciliative measures as prescribed in sections 4.3 k) and m) of this Agreement.