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The question of who
controls water flows
from the Kenney dam
into the Nechako River
will go before the B.C.
Supreme Court next
spring. —

In a recent statement
to the Review, Alcan
spokesman Brian Hem-
ingway disclosed that
Alcan and the federal
Department of Fisheries
and Oceans have not
been able to reach an
agreement regarding the
water requirements for
salmon spawning in the
Nechako. Hemingway
said that the company
has decided to go to
court because a precise
definition of Alcan’s
legal obligations are re-
quired in the matter.

- The Kenney dam was
built by Alcan in the ear-

A 20 year
history

Betty Demmitt, proprieter of
the B & G corner store in Ter-
race recently celebrated her
twentieth anniversary of
business in the south Kalum
St., location, Demmitt said
that when she opened the
grocery In 1966, Kalum St.,
was a dirt road lined by
overarching trees. “I've seen

the town grow”, she said.
Michael Kelly phato

Your Heirs

Want to give your heirs the
financial advantage? Then ar-
range to have as much of your
estate as possible transferred to
them outside of probate.

Probate is the legal process
which validates your will and
supervises the transfer of your
estate to your heirs.

One method is joint tenancy
ownership of properly with right
of survivorship. Property, such
as a house, car, checking or sav-
ings account, owned in joint ten-
ancy, automatically belongs to
the surviving owner when the
owner dies. The property is not
affected by the will and does not
have togothrough probate.

ly 1950’s to create a
water supply for driving
hydroelectric turbines at
the company’s power-
house in Kemano. The
massive reservoir,
stretching 200 kilometres
from the east slopes of
the Coast Mountains to
the dam site south of

Fraser Lake, is used to

control water levels in
the Nechako River.

In 1980 a dispute arose
between the Department
of Fisheries and Oceans
(DFO) and Envirocon,
Alcan’s environmental
consultants, regarding
salmon protection in the
Nechako. The resulting
Supreme Court decision
awarded temporary con-
trol of water flows
through the dam to the
DFO.

Hemingway stated

that in the years follow-
ing the decision Alcan
has voluntarily renewed
the injunction with the
DFO and spent several
million dollars on studies
examining the habitat re-
quirements of the
Nechako salmon popula-
tion. He went on to say
that during the past. two
years Alcan has ap-
proached the DFO re-
peatedly in-an effort to
reach an agreement, but
to date the company has
received no response.
“The day for consulta-
tion is past,’’ Hem-
ingway said, explaining
that Alcan is left with no
choice but to go to the
courts for resolution.

Gordon Ennis,spokes-
man for the habitat
management division of
the DFO’s Pacific
regional office in Van-
couver, said in a recent
interview, ‘‘We have
done a.number of
studies, and we may well
be doing more. Our role
is ongoing, the research
is never complete.’’ En-
nis declined to comment
further on the issue,
other than to say, ‘‘This
is a very complex situa-
tion, and there is no sim-
ple answer. I’d rather
not go into detail
because the issue is
before the courts.”’

Competing demands
for. water supplies in the
area of the dam have
drawn a number of other
players into the dispute.
The board of the Fraser-
Fort George Regional
District recently called
for the creation of a joint
regulatory commission
comprised of groups
having an interest in the
matter. Hemingway
responded to the pro-
posal by stating that
Alcan will not par-
ticipate in such a project.
He added, however, that
the company would be
willing to get involved in
an advisory committee
without regulatory
powers.

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Alcan will take water control dis

The Canadian Associ-
ation of Smelter and Al-
lied Workers (CASAW)
will also be involved in
the issue. Wiho Papen-
brock, business agent for
the union, said in an in-
terview that CASAW
will take intervenor
status in the court pro-
ceedings. ‘‘As a labor
union we feel that a

Appeal

An appeal has gone
out to Terrace residents
to help a family in Kit-
wanga whose house and
belongings were de-
stroyed by fire last week.

Karen Enriquez, of
Terrace, said the home
of Ray and Joanne

‘Hetland burned to the

ground leaving the mar-
ried couple and their five
children with no posses-
sions.

Ray Hetland is a doc-
tor in Kitwanga. His
home was not covered by
insurance, Enriquez
said. The family requires

kitchen appliances and .

furniture. They are cur-
rently residing in a fur-
nished trailer but will be
finding accommodation
in an unfurnished house
at the end of the month.

The children range in
age from 1-1/2 to 13
years and Enriquez said
a supply of clothing, kit-
chen utensils and
blankets have been for-
warded to the Kitwanga
family.

Large items such as
furniture can be dropped
off with Enriquez.
Phone 638-0487 for
more information.

_ Terrace Review — Wednesday, April 16, 1986 17

pute to court

private company should
not have control over a
public resource,’’ Papen-
brock said. ‘Fisheries
should have jurisdiction
over fish, Alcan should
have control of
smelters.”” He also in-
dicated that aboriginal
land claims may have a
bearing on the water
rights issue.

Brian Hemingway
pointed out. that the
court case will be
restricted to the question
of salmon protection. In
stating Alcan’s position
on that question, he
stated that the company
has spent over $11
million on environmen-
tal studies. The outcome
of those studies, he said,
will allow 21 square
meters per spawning pair
of salmon in the river, a
figure which he main-
tained is in fact more
water than the studies in-
dicate is actually re-
quired. ‘‘We will err con-
servatively on the side of

the salmon,” he said.
The critical factor of
water temperature con-
trol, he went on, will be
monitored by a com-
puter mathematical
model which will direct
mixing of cold water
from the bottom of the
reservoir with warm
water from the top to
attain the correct
temperature for water
discharged into the river.
He added that the

‘volume of the reservoir is

so large that it is not af-
fected by annual cycles
of wet and dry weather.

Hemingway concluded
his statement by assert-
ing, ‘‘In terms of salmon
in the Nechako River,
Alcan has stated that the
company is committed to
protecting them. Regard-
less: of the outcome of
the court proceedings,
that commitment will re-
main,’”

Alcan has requested
March 1987 as a date for
the Supreme Court case.

4

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‘

{—

Kitimat Smeiter

Douglas

Channel gies <<'"

Dain River

Kemano-Kitlmat
Tranamiasion Line

Gardner Canal

t
, Kitamaat
mei “'R2 “Vilage

Public Notice

Alcan’s Kemano-Kitimat
high voltage transmission
- line is built on private
-.: property except where It
: crosses Indian Reser-

vations, as shown

Kemano Powerhouse

Aluminum Company of Canada, Ltd fn.

: -Trespassing and Hunting
are not permitted on
Alcan transmission

(Ref. Wildlife Act Sec.
13 (b).

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on the map.

line properties.

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