Riverside Generating Station Project - Technical Evidence - Multiple First Nations - Shared Aquifer - Federal Jurisdiction Required

Riverside Generating Station Project - Technical Evidence

Multiple First Nations - Shared Aquifer - Federal Jurisdiction Required

Date: October 23, 2025
From: Amy White, Bkejwanong Territory
Re: Supplemental Technical Evidence Supporting Federal Impact Assessment Designation

EXECUTIVE SUMMARY

This supplemental submission provides critical technical evidence demonstrating that the proposed Riverside Generating Station requires federal Impact Assessment under the Impact Assessment Act.

Key Jurisdictional Facts:

• Location: Former Lower Indian Reserve lands (Brick Line Road), approximately 12-15 kilometers from Walpole Island First Nation (Bkejwanong Territory)
• Adjacent to: Aamjiwnaang First Nation traditional territory
• Critical Infrastructure: Directly above the Kettle Point Aquifer providing drinking water to both Indigenous communities
• Multiple Rights Holders: Two distinct First Nations sharing the same threatened water resource
• Cumulative Context: Communities already bearing disproportionate environmental burden from Chemical Valley industrial legacy

Federal Jurisdiction Imperative: When a project on former reserve lands threatens shared water resources critical to multiple Indigenous communities, federal Impact Assessment is not optional—it is constitutionally and legally required.

TECHNICAL EVIDENCE SUBMITTED

This submission includes five community-generated technical maps demonstrating:

1. Aquifer Vulnerability Assessment - St. Clair Region Source Protection Area showing high-risk zones
2. Transmission Line Route Analysis - Hydro One Networks St. Clair Transmission Line Project corridor
3. Aquifer Depth Mapping - 20-meter drift analysis along transmission corridor
4. Abandoned Well Documentation - Ontario GeoHub petroleum well density data showing 35+ documented abandoned wells
5. Comprehensive Regional Analysis - Combined aquifer vulnerability overlaid with First Nations territories, transmission routes, and source protection areas

Map 1: Aquifer Vulnerability Assessment

Source: St. Clair Region Source Protection Area Assessment Report (SCRCA, February 25, 2010)

This map clearly shows:

• High, medium, and low aquifer vulnerability zones across Lambton and surrounding counties
• Bkejwanong Territory (Walpole Island First Nation) location on Lake St. Clair
• Aamjiwnaang First Nation territory near Sarnia
• The proposed transmission corridor passes through extensive high vulnerability aquifer zones (shown in red)
• Chemical Valley industrial concentration in Sarnia area adjacent to Aamjiwnaang territory
• Source Protection Areas designated under Ontario's Clean Water Act

Critical Finding: The transmission infrastructure corridor crosses multiple high-vulnerability aquifer zones that serve both First Nations' drinking water sources.

Map 2: St. Clair Transmission Line Project Route

Source: Hydro One Networks Inc.

This map documents:

• The selected preferred route (Alternative 2) for the 230 kV transmission line
• Proximity to Walpole Island First Nation territory (approximately 12-15 km)
• The transmission line's path through Dawn-Euphemia Township and surrounding agricultural lands
• Connection points at Lambton TS, Wallaceburg TS, and Chatham SS
• The infrastructure corridor that would support the Riverside Generating Station

Critical Finding: The transmission line necessary for the Riverside Generating Station passes within 12-15 kilometers of Bkejwanong Territory and directly through aquifer recharge zones.

Map 3: Aquifer Depth and 20-Meter Drift Analysis

This technical map shows:

• The 20-meter drift boundary (shown in red outline) indicating shallow aquifer depth
• Proximity to Walpole Island Reserve (visible on left side of map)
• The transmission line route passing through this critical shallow aquifer zone
• Wallaceburg and Dresden municipality locations for geographic reference

Critical Finding: The shallow aquifer depth (20m drift) means any contamination from construction, accidents, or well failure would rapidly impact the drinking water supply. There is minimal geological buffering to protect the aquifer.

Map 4: Petroleum Well Density

Source: Ontario GeoHub - Authoritative Data (Land Information Ontario)

This screenshot from the Ontario Government's official petroleum well database shows:

• Extraordinary density of petroleum wells throughout Lambton County and the St. Clair region
• Concentration of hundreds (possibly thousands) of historical petroleum extraction sites
• 35+ documented abandoned wells within the immediate project area
• Last data update: October 22, 2025 (current/authoritative)
• Published date: October 4, 2018

Critical Finding: The project area contains extensive abandoned petroleum infrastructure. These abandoned wells create permanent pathways for contaminant migration into the aquifer. Any industrial activity in this area risks activating these contamination pathways.

Map 5: Comprehensive Regional Aquifer Vulnerability Analysis

Source: St. Clair Region & Thames-Sydenham Source Protection Area Assessment Report

This comprehensive map integrates:

• Both Bkejwanong Territory and Aamjiwnaang First Nation locations
• Extensive high vulnerability aquifer zones (red) throughout the region
• Medium vulnerability zones (orange)
• Low vulnerability zones (green)
• Municipal boundaries across Lambton, Middlesex, Elgin, and Chatham-Kent
• All identified First Nations in the region
• The St. Clair River and Lake St. Clair watershed context

Critical Finding: This map demonstrates that both First Nations rely on the same interconnected aquifer system. The project area sits within a zone of high aquifer vulnerability that extends to serve both communities. Any impact to this aquifer is an impact to multiple First Nations' drinking water.

FEDERAL JURISDICTION ANALYSIS

Why Federal Assessment Is Constitutionally Required

1. Multiple First Nations Affected

The Riverside Generating Station project directly threatens drinking water for:

• Bkejwanong Territory (Walpole Island First Nation) - approximately 12-15 km from project site
• Aamjiwnaang First Nation - adjacent to project area and Chemical Valley

When projects affect multiple First Nations:

• The Crown's duty to consult extends to ALL affected communities
• The Crown cannot consult one Nation and ignore another
• The Federal Crown cannot delegate this constitutional duty through a provincial process
• Each community has distinct rights requiring separate, meaningful consultation

2. Project Location: Former Lower Indian Reserve Lands

The proposed Riverside Generating Station is located on former Lower Indian Reserve lands at Brick Line Road. This historical status engages federal jurisdiction and heightens the Crown's constitutional obligations under Section 35 of the Constitution Act, 1982.

3. Shared Critical Water Resource

The Kettle Point Aquifer serves as the primary drinking water source for both Indigenous communities. The technical maps demonstrate:

• Both communities draw from the same aquifer system
• The aquifer is highly vulnerable (high permeability, shallow depth)
• 35+ abandoned petroleum wells create permanent contamination pathways
• The transmission corridor passes directly through high-vulnerability zones
• Any contamination event would impact thousands of Indigenous people across multiple First Nations

4. Cumulative Environmental Burden

Both communities have already experienced severe environmental injustice:

• Aamjiwnaang First Nation: Surrounded by Chemical Valley petrochemical facilities, documented health impacts, ongoing air and water quality concerns
• Bkejwanong Territory: Historical contamination, loss of traditional lands, environmental health impacts from industrial development
• Both communities: Legacy of petroleum extraction, industrial pollution, and inadequate remediation

Proposing additional industrial infrastructure with potential nuclear expansion that threatens the shared aquifer:

• Compounds historical environmental injustice
• Threatens irreversible harm to water sources for thousands of Indigenous people
• Requires the highest level of federal scrutiny under the Impact Assessment Act

UNDRIP OBLIGATIONS AND RIGHTS VIOLATIONS

Canada's United Nations Declaration on the Rights of Indigenous Peoples Act (UNDRIP Act) requires the Government of Canada to ensure federal laws are consistent with UNDRIP. The failure to conduct a federal Impact Assessment for this project breaches multiple UNDRIP Articles:

Article 18 - Right to Participate in Decision-Making

Both Bkejwanong and Aamjiwnaang have the right to participate in decisions affecting their rights. The current provincial process does not provide adequate participation for either community.

Article 19 - Free, Prior and Informed Consent (FPIC)

States must consult and cooperate in good faith with Indigenous Peoples to obtain their FPIC before adopting measures that may affect them. A provincial assessment delegated by the federal Crown does not satisfy this requirement when multiple First Nations are affected.

Article 26 - Rights to Lands and Resources

Indigenous Peoples have rights to the lands, territories, and resources which they have traditionally owned or occupied. Both Bkejwanong and Aamjiwnaang deserve equal rights protections under this Article. The shared aquifer is a shared resource requiring protection for both Nations.

Article 29 - Environmental Protection

Indigenous Peoples have the right to environmental protection of their lands and resources. Both First Nations must be consulted to satisfy this Article. The federal Crown cannot circumvent this obligation by dealing with a federally-imposed Indian Act Band Council structure while ignoring traditional governance and affected neighboring Nations.

Article 32 - FPIC for Projects Affecting Lands and Resources

States shall consult and cooperate in good faith with Indigenous Peoples through their own representative institutions in order to obtain their FPIC prior to approval of any project affecting their lands, territories, and resources—particularly projects involving development, utilization, or exploitation of mineral, water, or other resources.

This Article directly applies: The Riverside project involves water resource impacts, sits on former reserve lands, and affects multiple First Nations sharing the same critical aquifer.

SECTION 35 CONSTITUTIONAL OBLIGATIONS

Section 35 of the Constitution Act, 1982 recognizes and affirms existing Aboriginal and treaty rights. The Crown has a constitutional duty to consult when decisions may adversely impact these rights.

This project engages Section 35 because:

• It affects constitutionally protected Aboriginal rights to clean water
• It threatens traditional territories and resources of multiple First Nations
• It involves former Indian Reserve lands
• It may cause irreversible harm to shared water sources
• Both Nations have documented treaty and Aboriginal rights in the affected area

The provincial assessment process cannot adequately fulfill federal Crown constitutional obligations when:

• Multiple First Nations are affected
• Rights are shared or overlapping
• The project is located on former federal reserve lands
• International water resources are implicated (St. Clair River/Lake St. Clair)

COMMUNITY-GENERATED TECHNICAL EVIDENCE

Context: Inadequate Consultation Funding

These technical maps were generated by community members because consultation funding provided through the provincial process did not produce equivalent professional work or adequate analysis of cumulative impacts to multiple First Nations.

The fact that affected Indigenous communities were required to:

• Conduct their own hydrogeological research
• Generate technical vulnerability assessments
• Document abandoned well locations
• Map transmission corridors and aquifer intersections
• Synthesize provincial and federal data sources

This demonstrates the fundamental inadequacy of the provincial consultation process and the failure to provide proper resources for meaningful participation.

Technical Capacity vs. Constitutional Rights

While community members have produced sophisticated technical analysis (as evidenced by these maps), the burden should not fall on Indigenous communities to prove threats to their constitutional rights.

The federal Crown has an independent obligation to:

• Conduct thorough assessment before project approval
• Provide adequate resources for affected communities to participate
• Ensure all potentially affected First Nations are identified and consulted
• Assess cumulative impacts on shared resources
• Protect rights of all affected Indigenous peoples

FEDERAL DESIGNATION REQUEST

Based on the technical evidence and legal analysis provided, we formally request that the Minister of Environment and Climate Change designate the Riverside Generating Station project for federal Impact Assessment under the Impact Assessment Act.

Grounds for Designation:

1. Federal Jurisdiction - Former Reserve Lands Project is located on former Lower Indian Reserve lands, engaging direct federal responsibility.

2. Multiple First Nations - Shared Resources Project threatens drinking water for two distinct First Nations sharing the same aquifer system. Provincial process cannot adequately consult multiple rights holders.

3. International Implications The project area is adjacent to the St. Clair River international boundary and may affect waters shared with the United States, triggering potential international obligations.

4. Critical Infrastructure - Water Security The project threatens a sole-source aquifer providing drinking water to thousands of Indigenous people across multiple communities.

5. High Vulnerability - Abandoned Wells The technical evidence documents 35+ abandoned petroleum wells creating permanent contamination pathways in a highly vulnerable aquifer.

6. Cumulative Impacts - Environmental Justice Both communities already bear disproportionate environmental burden from Chemical Valley. Additional threats to their shared water source compound historical injustice.

7. UNDRIP Implementation Federal assessment is required to implement Canada's UNDRIP Act obligations, particularly Articles 18, 19, 26, 29, and 32.

8. Inadequate Provincial Process The provincial Environmental Assessment has failed to:

• Identify and consult with Aamjiwnaang First Nation
• Assess cumulative impacts on shared water resources
• Address federal constitutional obligations to multiple First Nations
• Provide adequate consultation funding for technical analysis
• Consider implications of project location on former reserve lands

CONCLUSION

The technical maps submitted with this supplemental evidence demonstrate that:

1. Two First Nations share the same threatened aquifer
2. The aquifer is highly vulnerable (shallow depth, high permeability, extensive abandoned well contamination pathways)
3. The transmission infrastructure passes directly through high-risk zones
4. 35+ abandoned petroleum wells create permanent contamination pathways
5. Both communities already bear disproportionate environmental burden

When a project on former Indian Reserve lands threatens shared water resources critical to multiple First Nations already bearing environmental injustice, federal Impact Assessment is constitutionally and legally required.

The provincial process has proven inadequate. The federal Crown must fulfill its constitutional duty to consult each affected Nation separately and meaningfully.

OUTSTANDING QUESTIONS REQUIRING FEDERAL INVESTIGATION

1. Has Aamjiwnaang First Nation been consulted about the Riverside Generating Station project?
2. Does Aamjiwnaang leadership know about the aquifer threat documented in these maps?
3. Are both communities aware of each other's concerns regarding this shared water resource?
4. What coordination exists between the two First Nations regarding protection of their shared aquifer?
5. What is the status of remediation for the 35+ documented abandoned petroleum wells?
6. What monitoring exists for the Kettle Point Aquifer's water quality and quantity?
7. What are the projected water demands from the Riverside Generating Station, and what is the long-term impact on aquifer levels?
8. What emergency response plans exist if aquifer contamination occurs?
9. What consideration has been given to alternative locations that would not threaten this critical shared water resource?

REQUESTED FEDERAL ACTIONS

We respectfully request that the Minister:

1. Designate this project for federal Impact Assessment under the Impact Assessment Act
2. Require consultation with both Bkejwanong and Aamjiwnaang First Nations as distinct rights holders
3. Commission comprehensive hydrogeological assessment of the Kettle Point Aquifer and cumulative impacts
4. Require remediation plan for 35+ abandoned petroleum wells before any project approval
5. Assess cumulative environmental justice impacts on both Indigenous communities
6. Ensure adequate consultation funding for both First Nations to conduct independent technical analysis
7. Consider alternative locations that would not threaten sole-source drinking water for multiple Indigenous communities

CLOSING STATEMENT

This is not simply about "a community" being affected by a generating station.

This is about critical infrastructure on former Indian Reserve lands threatening shared drinking water for multiple Indigenous communities already bearing disproportionate environmental burden from Chemical Valley's industrial legacy.

The technical evidence is clear. The constitutional obligations are clear. The moral imperative is clear.

Federal jurisdiction is not optional—it is required.

Respectfully submitted,

Amy White
Bkejwanong Territory (Walpole Island First Nation)
October 23, 2025

ATTACHMENTS

1. Map 4-6: Aquifer Vulnerability - St. Clair Region Source Protection Area Assessment Report
2. Hydro One Networks St. Clair Transmission Line Project Route Map
3. Aquifer Depth and 20-Meter Drift Analysis Map
4. Ontario GeoHub Petroleum Well Density Screenshot
5. Comprehensive Regional Aquifer Vulnerability with First Nations Territories Map

Contact Information: Amy White
Bkejwanong Territory
amywhite888proton.me@proton.me

1940 River Rd. N.

Walpole Island First Nation, ON N8A 4K9