SOMBA K'E/YELLOWKNIFE - Arguments over whether a land and water board can insist that BHP Billiton establish fish habitat in open pits at the diamond mine were heard during a public hearing in Yellowknife on July 15.

The day-long hearing was held at the Tree of Peace to discuss whether the board has the authority to force BHP to fill the mine pits with water and introduce fish and fish habitat to them as part of the Ekati mine site reclamation once the mine - located 300 km northeast of Yellowknife - closes, expected sometime within the next 10 years.

BHP representatives argued the Wek'eezhii Land and Water Board does not have jurisdiction to force the mining company to turn the pits into fish habitat. That authority rests with the Department of Fisheries and Oceans (DFO), the company argued. Legislatively, the Fisheries department holds jurisdiction over fish and fish habitat while the board has jurisdiction over water.

BHP also claimed that a compensation agreement signed in 1996 already provides full compensation for the loss of fish habitat at the mine.

Gavin Fitch, a lawyer for Independent Environmental Monitoring Agency - a group created to monitor environmental compliance at the mine site - said his agency believes the water board can compel BHP to turn the pits into fish habitat.

"Most of what we've heard from BHP is facts and not the law, and I submit it's because BHP is weak on the law," said Fitch.

About 28 people turned out to the hearing, however questions could only be asked by board members, staff and legal council. Arguments were also presented by Indian and Northern Affairs Canada, the Department of Fisheries and Oceans and the Tlicho government.

"It is clear this board does have jurisdiction over reclamation. Crystal clear," said Fitch.

The board did not make a ruling at the hearing, but board chair Violet Camsell-Blondin said it will "very soon."