The First Nation contends the current emergency is self-created and is being used to bypass Nation-to-Nation obligations under the Final Agreement and UNDRIP.
The First Nation of Na-Cho Nyäk Dun (FNNND) has filed an intervention with the Yukon Water Board opposing Yukon Energy Corporation’s request for an emergency amendment to rebuild the Wareham Dam Spillway at the Mayo Generating Station.
Filed May 19, the intervention accuses YEC of “project splitting” by excluding the spillway from its February water licence renewal, which FNNND says prevented a comprehensive review. The First Nation argues the approach risks undermining treaty rights, meaningful consultation, and efforts to restore safe upstream and downstream fish passage for salmon.
According to FNNND, it has raised safety and maintenance concerns about the 1950s-era dam for decades, but the Yukon Government and YEC have either ignored them or deemed them “out of scope.” The First Nation contends the current emergency is self-created and is being used to bypass Nation-to-Nation obligations under the Final Agreement and UNDRIP.
While supporting sustainable development, FNNND said the project must include fish passage and dedicated flow rates to meet co-management standards.
Response to FNNND Accusations on Wareham Dam Spillway Project
Yukon Energy Corporation and the Government of Yukon have responded to the First Nation of Na-Cho Nyäk Dun’s intervention opposing the emergency amendment for the Wareham Dam Spillway, rejecting claims of bypassed consultation and “project splitting.”
In an email to Chon-FM, Yukon Energy said the relicensing and spillway projects advanced on different timelines because “the design for the spillway replacement was not sufficiently developed” when the relicensing application was due. It submitted the spillway proposal after the design was confirmed, and it is now under YESAB review. YEC clarified that the emergency “only became clear in late 2023” after a third-party inspection, following years of monitoring and repairs.
The Yukon government stated it “has been actively engaged” in both processes and that “Decision Bodies determined that the duty to consult was fulfilled.” Both governments will consult with FNNND before deciding on the spillway proposal.
According to YEC, it has worked with FNNND since 2023 on downstream fish passage and is exploring upstream options.
The government noted the emergency work “would not preclude” future upstream fish passage. YEC added that the spillway has reached the end of its service life and must be replaced for public safety.
With all parties emphasizing public safety, fish passage, and ongoing engagement, the next steps will likely hinge on the outcome of YESAB’s adequacy review and continued Nation-to-Nation discussions as the regulatory process moves forward.
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