Rescaling water governance - Governing Transboundary Waters: Canada, the United States, and Indigenous Communities - page 90

Their status as sovereign entities predates contact with European settlers. This
separate status, nonetheless, was affirmed by the United States early on and is
enshrined in the U.S. Constitution. Tribes today continue to exist as distinct
sovereigns within the boundaries of the United States.
The notion of sovereignty, of course, is complicated in the transboundary context,
where Indigenous communities in Canada have a different status and relationship
with their federal government (Harris and Millerd, 2010; Thom, 2009, 2010). I
explore the implications of this asymmetry in greater detail in the next chapter
(Chapter 5) , and then turn to Indigenous-led governance mechanisms throughout
Part Two.
Building on the IJC's strengths
The IJC developed the International Watersheds Initiative to adapt to changing
environmental and political conditions. In particular, the IWI was a response to
growing public expectations of local participation in the environmental governance
process. It also reflects one strand of water governance literature that asserts the
need for a “watershed approach” (Montgomery et al. , 1995; McGinnis, 1999) for
effectively substituting hydrological boundaries for political borders.
The IWI attempts to capture some of the strengths of the previously established
mechanisms such as the Water Quantity/Quality Boards, and the reference and
fact-finding capabilities. In fact, the Commissioners who initially proposed the IWI
concept modeled it after the Great Lakes Water Quality Agreement, which was
making great strides at including water quality and quantity issues throughout the
Great Lakes Basin (Clamen, 2014). Although the IJC is receiving fewer requests
for references (as shown in Chapter 3), the governance model has several positive
attributes, which could be incorporated into the new Watershed Board model.
Similarly, it is prudent for the IJC to pay close attention to the successes and failures
of the Water Quality and Quantity Boards as they develop the new Watersheds
Initiative.
Lessons from the reference process
Beyond the practical matter of “obtaining facts” and “studying issues”, the reference
and fact-finding process has demonstrated an ability to create a model (governance
community) for effective transboundary governance. As the IJC establishes the task
forces and study boards, the members engage in a series of intensive meetings to
investigate issues of shared concern. This face-to-face cooperation and collaboration
creates an environment conducive to effective transboundary governance, such as
trust and relationships. The attribute of clear communication, which contributes
to qualities of “good upstream neighbors” is consistent across venues and platforms.
For example, participants of the IJC Study Board, indicated to me that the board
provides a “neutral” platform to discuss issues of shared concern. As one senior
water manager reflected: