For Immediate Release: Jan. 2, 2025
Media Contacts:
Bonnie Gestring, Earthworks, bgestring@earthworks.org, 406-546-8386
David Brooks, Montana Trout Unlimited, david@montanatu.org, 406-543-0054
Scott Bosse, American Rivers, sbosse@americanrivers.org, 406-570-0455
Derf Johnson, MEIC, djohnson@meic.org, 406-581-4634
Perry Wheeler, Earthjustice, pwheeler@earthjustice.org, 202-792-6211
Water-use permit for the Black Butte Copper Mine upheld by the Montana Supreme Court
Court rules in favor of DNRC and a company that seeks to mine near the headwaters of the Smith River.
Helena, MT – The Montana Supreme Court today upheld the water-use permit granted by the Department of Natural Resources and Conservation to Sandfire Resources, which plans to pump and impound large volumes of groundwater at its proposed Black Butte Copper Mine, in Meagher County. Conservation groups had argued that the permit did not address — or mitigate — up to 457 acre-feet of the groundwater that would have to be removed from the mine each year in order to facilitate mining operations.
The Montana Supreme Court heard arguments in the case on March 29. The Court ruled that the mining company is not obligated to apply for a permit for the full amount of groundwater that it will have to pump at its mining operations adjacent to Sheep Creek, a major tributary of the Smith River.
“We are keenly disappointed by this decision,” said Bonnie Gestring, Northwest Program Director at Earthworks. “Clean water is one of Montana’s most valuable resources. Mining companies shouldn’t be allowed to divert vast amounts of water from our rivers and streams without a water right.”
“This decision sets an extremely dangerous precedent that will allow mining companies and other extractive industries to dewater our most prized rivers and streams without fully mitigating the impacts,” said Scott Bosse, Northern Rockies Regional Director for American Rivers. “This is a devastating ruling for everyone who cherishes the Smith River or any other river in Montana.”
A coalition of conservation groups challenged DNRC’s issuance of the water-use permit in 2020, noting that Sandfire will have to pump up to 807 acre-feet of groundwater from its mine each year, which amounts to nearly 250 million gallons. The groups accordingly argued that the company should be required to seek a permit for the entire quantity. The groups appealed the permit decision both to the DNRC, and to a district court, before appealing to the Montana Supreme Court.
“Given the value of water to all people and uses, including fish, wildlife, family homes and agriculture, this ruling is incredibly disappointing,” said David Brooks, Executive Director of Montana Trout Unlimited. “Allowing mining companies a free pass on massive water use threatens the lives and livelihoods of all downstream water users, not to mention the health of the treasured Smith River.”
The Supreme Court’s decision today will allow Sandfire to move forward with its mining operation — and the extensive groundwater pumping it requires — without ensuring that existing water users and the region’s waters will not be adversely affected.
The groups challenging this permit are American Rivers, Earthworks, Montana Environmental Information Center, Montana Trout Unlimited, and Trout Unlimited, represented by Earthjustice.
The projected safety and environmental impacts of the proposed mine are substantial. Mining operations would produce roughly 12.9 million tons of acid-generating waste, threatening the water quality and trout populations in the beloved river and one of its major tributaries.
Montana’s Smith River is renowned for its spectacular scenery, towering limestone canyons, and world-class trout fishery. The Smith River is the only permitted recreational river in Montana, featuring an unparalleled 59-mile stretch with only one public put-in and one take-out point for boaters. The Smith River and its tributaries provide crucial habitat and spawning grounds for regional trout fisheries and water for downstream agricultural lands.
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