Watson Lake and the Liard First Nation are suing the territorial government over alleged water contamination in the community.

The legal action catapults one more statement of claim against an already-embattled government facing multiple suits over First Nations land claims and consultation.

The case marks the first time in Yukon history that a First Nation and a municipality have joined forces as co-plaintiffs in a lawsuit against the government.

“The territorial government needs to pony up on this and get to work,” Watson Lake Mayor Richard Durocher told the Star today.

“We’re adamant that a solution is developed and addressed.”

The plaintiffs say hydrocarbons emanating generally from the Alaska Highway and its right-of-way are polluting fish-bearing waters.

Contaminants from gas and diesel in Wye Lake, which ultimately flows into the Liard River, register nearly 7,500 micrograms per litre, said Durocher.

The territory’s Environment Act states that contamination beyond 5,000 micrograms per litre is unacceptable, “although the plaintiffs do not believe that any level of contamination is acceptable,” they said in a joint statement.

“One of the bigger concerns as well is that we don’t know the source,” Durocher said.

“We haven’t had much response back from them on that,” the mayor added, referring to the Department of Environment.

“We did go up the ladder, all the way up the ladder to the deputy minister, and the premier was aware of it as well,” he said.

The Town of Watson Lake monitors contaminant levels in the area and tests them regularly, the mayor said.

“There shouldn’t be any hydrocarbons draining into our drainage basins.”

He did not speculate on what precisely was causing the emissions.

The government did not return the Star’s request for comment by press time this afternoon, but said it will likely issue a statement later this week.

The second issue stems from the “systematic release of hydrocarbons” from a Department of Highways and Public Works yard intoWatson Lake’s sewer system.

The plaintiffs’ joint release states town officials recently tested sewer lines that showed levels at nearly 38,000 micrograms per litre — more than seven times the threshold set out in the Environment Act.

Durocher said the contaminants were emanating from “Yukon garages and offices” across from the famed signpost forest, but was not sure what specifically was causing the emissions.

“All we ask is that they clean it up because it was affecting our microbial cells,” which sanitize wastewater, he said.

The suit was filed Monday in Yukon Supreme Court. It comes after a breakdown in talks between the community and the Environment and Highways and Public Works departments.

“We’re always open to consultation and discussion,” the mayor said.

“We’d prefer to work with the interested parties. But unfortunately, this is one of those situations where our hand was forced.”

“The Yukon government wants us to believe they can properly monitor and enforce environmental standards in the Peel watershed and on lands where fracking is to occur, but they can’t even clean up their own backyard,” said Cindy Porter, the deputy chief of the Liard First Nation.

Watson Lake plugged its sewer system to prevent further contamination after discovering the high pollution levels.

Highways and Public Works questioned the community’s jurisdiction, instructed officials to re-open the lines “and threatened the town for all costs due to the disruption of service,” the release states.

The plaintiffs claim the government has underplayed the amount of discharge in the river “and the premier has defined the contamination as ‘alleged,’ despite laboratory data, disclosed to the Yukon, that clearly indicated otherwise.”

Durocher sees irony in the situation: the Yukon Water Board has called for a remediation plan for Watson Lake’s sewage lagoon, demanding it spend $100,000 on hydro-geological wells to prevent leakage into the Liard.

“In light of our discovery, the demands are absurd,” he said.

“Our community will not spend one cent on a problem created by the very government that has ordered we clean it up.”

“Their conduct is hypocritical,” Porter added. “Their behaviour demonstrates why so many Yukoners are concerned with the environmental and First Nations attitudes of this government.”

The joint statement of claim asks the court to impose a multitude of remedies, which revolve around the clean-up of the sewage lagoon and the Alaska Highway right-of-way.

The plaintiffs are requesting an environmental review. They claim remediation from the government could be as much as $20 million.

Neither plaintiff is seeking any direct monetary compensation.

The plaintiffs are represented by Geoff Plant, the former attorney general of British Columbia.