Why Pay For Electricity?

It is a well-established law in the United States that Native nations have the right to full access and use of water that crosses through their respective lands. In 1908 the US Supreme Court decided in the Winters v. US (207 US 564 (1908) that since “reservations” had, as part of their design, the intent of making Native people self reliant and self sustaining, water was a vital part of this a decision which has been affirmed in subsequent cases.

Water which flows adjacent to Native lands can be attached for use in whatever manner deemed appropriate for the Native nation as long as it is for the collective benefit of the Nation’s members.

Electricity generated from waters which cross Native lands are a part of this right but it can be considered surrendered if, in a land claims settlement, it is not specifically protected.

The electricity generated by the St. Lawrence Power Dam comes from water next to Mohawk lands on the St. Lawrence River and is covered by the Winters case but this right has not been used as it should.

A simple summation of the entire electrical needs of Akwesasne comes to an estimate of $6,000,000 based upon current usage.

This is realized by taking the 5,000 homes on the territory each of which pays an average of 10 cents per kilowatt hour times 1,000 kilowatts per month times 12 months. This comes up to $120 per month or $1200 annually. Some pay much more, other homes less but the question is this: why pay anything at all?

The answer is obvious: we should not.

The leadership needs to do this: bring an end to the individual billing method by which Ontario Hydro, Quebec Hydro and National Grid compel homeowners to pay at a rate considerably higher than that which is assessed to industries and commercial interests. Remove the meters and have the power companies deal directly with the three councils who in turn can have the power costs waived since all three generating entities use our waters to their respective profit.

The singular billing would cost the hydro companies nothing as it is simply a matter of directing existing power from one place to another. Maintenance can easily be carried out by existing Mohawk crews.

It should also be noted that any physical structure affixed to Native lands become the property of the Native people themselves and may not be altered, placed or removed without specific permission and this includes electrical poles and power lines.

The St. Lawrence Power Dam at Barnhart Island has been in place for over 55 years yet the Mohawk people have yet to realize any benefit from it. This situation should not be allowed to continue if we can demonstrate the will to act in concert as a singular negotiating entity. Since Barnhart was taken in violation of law at a time when Akwesasne was governed by a traditional council it is only logical that the Mohawk Nation Council, as the rightful inheritors of our ancestral governance, is in the strongest position to press for the singular billing system. It is also critical that in all land claims negotiations and/or agreements that our rights to our waters is cited and protected.

In summation, there is no need for anyone at Akwesasne to pay for electricity generated from our ancestral waters.