Statement of Concern ( SOC ) Against Canadian Natural Resources & Husky Energy February 7, 2017 Meeting between Chief and Council and Lands Dept.

Transcription

1 Statement of Concern ( SOC ) Against Canadian Natural Resources & Husky Energy February 7, 2017 Meeting between Chief and Council and Lands Dept.

2 A statement of concern is a written submission that outlines specific concerns about a company s activities or development. When filing a statement of concern with the AER, it is important to include enough information for it to be registered. The AER may return unregistered any statements of concern that do not relate to a particular company; do not outline specific concerns; or are not specific to a project, application, or site. A statement of concern must be in writing.

3 Canadian Natural Resources Ltd. Has filed an application to utilize ground water for their South Brintnell Field near Reserve # 166 ( Sandy Lake ) Husky Energy will be filing an application in 2017 Companies in the Bigstone Territory currently utilize groundwater, but it is either recycled produce water or brackish water from a deep aquifer zone.

4 The ground water that CNRL has applied to use is fit to drink, because it is at a shallower depth near the surface Clay, Sand, Silt, Gravel Shale Sand Stone 220 meters 160 meters # 1 Aquifer # 2 Aquifer Lac La Biche Formation Viking Formation Jolifou Formation Sand Stone and Shale Grand Rapids Formation Shale Clearwater Formation Brintnell Polymer Flood O I L Wabasca Sand stone Formation Shale McMurray Formation Devonivan Formation

5 s Satellite View North Wabasca South Wabasca Sandy Lake

6 Satellite View North Wabasca South Wabasca Sandy Lake

7 Satellite View North Wabasca South Wabasca Sandy Lake

8 Aquifer # 2 = 1,200 km 2 1,200 Square Kilometers

9 150 Square Kilometers Aquifer # 2 = 1,200 km 2 Aquifer # 1 = 150 km 2 Slave Lake = 1,160 km 2

10 December 12, 2016 Alberta Energy Regulator Attn: Nino Aimo Water Act Authorizations, in-situ Suite 1000, 250 5th Street SW, Calgary AB, T2P-0R4 Originals Via: Canada Post Re: Statement of Concern Update - CNRL Application File No Dear Mr. Aimo, On November 22, 2016, CNRL informed Bigstone Cree Nation (BCN) of its intention to proceed with this application. The purpose of this Dec.12 th, 2016 submission is, to update our Statement of Concern submitted on July12, 2013 regarding the Notice of Application issued by Canadian Naturel Resources Limited (CNRL) for the proposed water diversion (application file # ) at the Brintnell Project located at Township 80 Range 21, 22 and 23 W4M for industrial purposes. The BCN Reserve #166 is located immediately adjacent to this location. The aquifer CNRL is proposing to extract from extends under this reserve as well as our four additional reserves surrounding the hamlet of Wabasca. BCN stated its concerns in 2013 as follows: 1. These (buried) valleys are an accessible source of groundwater that could be used to meet future needs of the BCN and are therefore a valued local resource; 2. Buried valleys may be efficient migration corridors for groundwater pollutants within the unconsolidated overburden, potentially transporting them beyond the area of the CNRL lease. We also know that wells increase the possibility of contaminants from surface and subsurface sources to reach valued groundwater resources.; and

11 1. Drawdown from extraction of this quantity of water will have an impact to surface water levels on reserve, particularly in the immediately adjacent area of Reserve #166. Since submitting these concerns, BCN engaged specialist consultants to conduct a third party technical review of the application, meet with CNRL staff, and provide us with conclusions and recommendations for next steps. The report prepared by our consultants is attached to this letter for reference. Based on this report, our understanding of the potential effects of this proposed water diversion has improved but has also highlighted considerable uncertainty regarding the surface and groundwater system in this area. In the three years since submitting our initial SOC and providing CNRL with our consultant s findings and recommendations, BCN has undertaken the following four additional initiatives. BCN partnered with AEMERA to conduct an assessment of water quality and quantity in the Wabasca Lakes. The findings of this study, along with insights provided by our elders, raised our concerns about the health of the headwaters of the Wabasca Watershed and highlighted how sensitive the South Wabasca lake is to lower water levels. The lake, and the creeks and river that drain to it, are situated directly above and aligned with the buried valley aquifer targeted by CNRL. Furthermore, CNRLs proposed diversion wells drawdown impact will be evident on the surface considering the level of South Wabasca Lake is only 2.9 m. 2. Chief and Council directed the Manager of ILWEA to initiate preliminary design of a groundwater well and associated infrastructure to provide BCN with the capacity for potable water independence. This well will be drilled to the buried valley Q2 aquifer and located on Reserve 166 at NE W4M. Indigenous and Northern Affairs Canada (INAC) has provided preliminary approval of the initiative. BCN is seeking a safe sustainable water supply for its membership based on the five Wabasca reserves, Projected on reserve population in the year 2036 will approximately be + 4,000. I am planning for a water well will be drilled in early BCN has proposed to Water Policy Branch, Alberta Environment and Parks (AEP) to prepare a First Nation-Led Regional Water Management Plan for our traditional territory. A primary objective of this project is to come to a shared understanding of the surface and groundwater flow dynamics within the traditional territory. This partnership indicates of a recognition by the AER that a better understanding of these systems is needed and in the interest of all stakeholders. We anticipate work on this project to begin in April 2017.

12 2. BCN staff along with the Municipal District of Opportunity # 17 staff, have formed a committee and collaborated to produce a Source Water Protection Plan. It is from this plan that the need to secure a future long term safe source of drinking water was made evident. Given the facts that the surface water quality is declining, it is therefore crucial to the people not only on reserve but to those living within the entire region to investigate and safeguard future sources of clean water. In the CNRL letter dated November 22, 2016, CNRL states Canadian Natural Resources acknowledges the concerns of Bigstone Cree Nation Canadian Natural believes it has addressed the Statement of Concern Our records show that CNRL has not made specific proposals for addressing our concerns as stated in our original SOC. The subsequent third party technical review and the additional initiatives listed above underscore the validity of these concerns. It is not in the best interest of our communities to exchange clean drinking water for the increased production and profit of Canadian Natural Resources Ltd. Therefore, I have decided not to withdraw the SOC. Rather, we reiterate our concerns with strengthened resolve and backed by new information. Respectfully, Troy Stuart Manager Indigenous Lands, Wildlife and Environment Bigstone Cree Nation Cc: Chief and Council, Bigstone Cree Nation

13 South Wabasca Lake - Looking South toward Dead Horse Creek from the Old Sandy Lake Rd. Depth 2.9 m ( 9 ½ feet deep)

14 The drawdown effect, Canadian Natural Resources Ltd. Has stated that the drawdown effect to surface water will be 3 8 meters. We can assume that there will NO South Wabasca Lake in 20 years time. It will be nothing more than a shallow creek not fit to drink. The annual amount that CNRL has applied for is equal to 400 water truckloads a day, every day for 20 years. This water will never be fit to drink even if it is recycled. The annual amount that HUSKY will be applying for is equal to 360 water truckloads a day, every day for the next 20 years. The rivers of today may not even flow in 20 years due to the amount of Water that CNRL and Husky will use. This is a direct violation and threat to the Treaty which states as long as the rivers flow

15 Thank you for your time Lands Dept. February 7, 2017