Siksika Nation has filed a lawsuit against the Alberta government over its plan to expand the Ghost Reservoir and build a new dam.
The nation says they were not properly consulted before the province went ahead with the project.
According to the band, the project would hurt its treaty rights on the Bow River and that's why a lawsuit was sent to the Alberta Court of King's Bench.
The nation called the decision both "unconstitutional and unreasonable."
"In particular, Alberta failed to share adequate information with Siksika, failed to discuss the proposed options with Siksika, and failed to address the concerns expressed by Siksika in making the decision," wrote the nation in the lawsuit.
The reserve is located directly downstream from the Bow River.
StrathmoreNow has contacted Siksika Nation for comment on the story.
In September the provincial government announced that it would be moving ahead to relocate the Ghost Dam to lower costs and mitigate future droughts and floods, along with being a better option for environmental and social impacts.
“Increasing water storage capacity is critical to protecting Calgary and other communities along the Bow River from future floods and drought. Based on the data collected in the study, one option, the relocated Ghost Dam, is clearly the best choice to move forward with," said Rebecca Schulz, Minister of Environment and Protected Areas.
According to the province, the 2013 flood brought damage of more than $5 billion in Calgary and its surrounding communities.
"After extensive study, Alberta’s government is moving forward with exploring the relocated Ghost Dam option because it has a smaller project footprint and fewer overall impacts to the environment, property, and infrastructure while providing comparable water storage to the Glenbow East option," wrote the province in a news release from September.
The Alberta government says more work is slated to begin for the project soon with an announcement to be shared in 2025.
StrathmoreNow also reached out to the office of Minister Schulz for comment, however, Press Secretary Ryan Fournier said they won't be speaking on the matter as it's now before the courts.
None of the claims from the nation have been tested in court.