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The Peigan Lonefighters Society is optimistic construction on the Oldman River dam may be stopped following a closed-door meeting with federal Environment Minster Robert de Cotret in Edmonton.
Lonefighters spokesman Devalon Small Legs said he's hopeful the department of environment may step in with an environment assessment before the $350-million dam northeast of Pincher Creek is completed.
De Cotret told reporters Oct. 26 following the meeting he will explore with the department of justice the legalities of establishing a federal environmental review panel a this stage of the dam's construction.
Canada's highest court is expected to hear arguments Feb. 19-20 from several environmental and Native groups on the need for a federal environmental assessment on the dam.
New Democrat Native affairs critic Bob Hawkeworth said the Supreme Court will be faced with the question of what role the federal government has in environment law.
"he decision will have implications for every provincial government in the country so it's an important question for the court to settle regardless of whether the dam is completed. If the court decides the federal government has jurisdiction in the whole area of environmental law, it will stop future projects like the Oldman and Daishowa from going ahead without proper federal licenses."
But, said Hawkesworth, if the court decides the federal government does not have a role in environmental law," de Cotret's proposed review panel could be ignored by the province."
The Lonefighters, who have been battling the construction of the dam since 1984 when the government of Alberta announced its plan to build its water storage and flow regulation dam. presented de Cotret with a brief, outlining their environmental concerns with the Oldman dam.
Small Legs said the dam, more than 80 percent complete, will not provide enough water for vegetation at the Three Rivers site resulting in an "extreme loss of vegetation."
Small Legs is particularly concerned about the cottonwood trees situated primarily on the bands of the Oldman River, which are the basis of the area's entire ecosystem.
Moreover with the potential destruction of the trees some environmentalists, like Friends of the North member Randy Lawrence, believe the river banks will simply collapse.
Small Legs also points out there will be a loss in fish habitat because "some fish will not be able to survive the temperature change the dam will create.
"It's already becoming more difficult to find fish in the area because they can't find food and we'll also find a loss of deer and big game because they won't be able to find food either. The whole ecosystem depends on one another," he says.
In 1976 the province concluded the water system didn't provide an assured water supply and that water shortages would become more evident as water demands increased. As a solution the government decided the Three Rivers location would be the most attractive dam site because it could supply enough water to meet the area's water needs.
Along with the Lonefighters Society's environmental concerns is the Peigan tribe's case for ownership of the river bed and all the water. A court date for the claim, filed in 1986 against the province, has not been set.
In a recent letter to Peigan Chief Leonad Bastien, Premier Don Getty expressed a desire to begin negotiations.
Led by Milton Born With A Tooth, who is facing charges of pointing a weapon and dangerous use of a firearm, the Lonefighters partially diverted the river on Peigan land in August in an attempt to stop the dam from being completed. Small Legs said the diversion set a precedent for all Native groups.
"The government can't just come in and take our resources without first consulting us. Our actions will force the federal and provincial governments to declare our land base to be under the sole control of the Peigan chief and council."
De Cotret is expected to reach a decision by mid-November on whetheran environmental review panel can be appointed to study the effects of the Oldman River dam, which is scheduled for completion in 1991 at a cost of at least $371 million.
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