Siksika First Nation is mounting a legal challenge against the federal government for allowing the Fairmont Chateau Lake Louise to withdraw water from the world-famous lake in Banff National Park.
The aboriginal band is seeking to have a Parks Canada decision to renew the hotel's water permit quashed amid claims the federal agency infringed on their treaty rights and failed to consult with them.
The application for judicial review states the agency's failure to consult with Siksika "is in complete disregard" of the federal Crown's constitutional and statutory duties to minimize infringement on aboriginal and treaty rights.
"There was no consultation, meaningful or otherwise, with Siksika Nation, or even advice to the Siksika Nation regarding the issuance of the water withdrawal permit," the document states.
In March, Parks Canada renewed the Chateau's permit to annually withdraw 525,750 cubic metres of water from Lake Louise for the next 10 years.
The lake has been the main source of water for the upper Lake Louise area since 1982.
The application for the judicial review in Canada's Federal Court names federal Heritage Minister Sheila Copps, the Chateau Lake Louise Corp. and Lake Louise superintendent Michel Boivin.
The document also takes issue with Parks Canada's declaration that the water withdrawal permit is unlikely to significantly harm the environment in any way.
It says it could lead to potential harmful environmental effects on Siksika Nation's land-claim site, a 68.5-square-kilometre reserve downriver of Lake Louise near Castle Mountain.
Siksika is currently seeking the return of the Castle Mountain Indian Reserve, created under Treaty No. 7.
The land, located between Banff and Lake Louise, has traditionally been part of Siksika territory and considered crucial to hunting, trading, camping and spiritual practice.
Treaty 7 comprises the Blood Tribe and Peigan First Nation, both near Lethbridge, and the Calgary-area nations of Stoney, Siksika and Tsuu T'ina. The Siksika Nation is located about 100 kilometres east of Calgary.
Fairmont Chateau Lake Louise spokeswoman Anne White said claims against the water permit renewal are "completely without merit" given the extensive environmental study and the hotel's water conservation measures.
"On completion of the meeting facility, the Chateau will not be drawing any more water than we do today, and if we aren't drawing any more water, then we aren't producing any more wastewater," she said.
Parks Canada officials said they had no comment because the matter is before the courts.
In April, the Mountain Parks Watershed Association also filed an application for a judicial review of the water permit decision, a case that is expected to be heard early next year.
FAIR USE NOTICE: This page contains copyrighted material the use of which has not been specifically authorized by the copyright owner. NoNonsense English offers this material non-commercially for research and educational purposes. I believe this constitutes a fair use of any such copyrighted material as provided for in 17 U.S.C § 107. If you wish to use copyrighted material from this site for purposes of your own that go beyond fair use, you must obtain permission from the copyright owner, i.e. the media service or newspaper which first published the article online and which is indicated at the top of the article unless otherwise specified.