Written By : Trent Jones

Montana Supreme Court Upholds Water-Use Permit for Black Butte Copper Mine

In a decision that has drawn widespread concern among Montana fly anglers and conservtionist, the Montana Supreme Court has upheld the water-use permit granted to Sandfire Resources by the Department of Natural Resources and Conservation. This decision paves the way for the controversial Black Butte Copper Mine in Meagher County, which plans on pumping and impounding substantial amounts of groundwater—up to 457 acre-feet annually—to facilitate its operations.

The removal of millions of gallons of groundwater annually by Sandfire’s mining operations will significantly disrupt the balance of the Smith River ecosystem, particularly its trout and buug populations. Here’s how:

Reduced Flow Levels: The groundwater removed from the mine is linked to surface water in the Smith River and its tributaries. By drawing such a large volume of water, the mine will be reducing surface water flows, particularly during the dry season of the summer. Lower flows can lead to warmer water temperatures, which stress trout populations that rely on cold, oxygen-rich water, and with the droughts we have had over the last ten years in the west, this is a major concern.
Habitat Loss: Trout depend on specific habitat conditions, including consistent flow rates, shaded pools, and riffles. Reduced flows can lead to shallower waters, loss of critical spawning grounds, and degraded habitat, making it harder for trout to reproduce and survive.
Impacts on Insect Populations: Trout feed on aquatic insects like mayflies, caddisflies, and stoneflies, which depend on healthy, flowing water for their life cycles. Lower water levels and altered flow patterns can disrupt these insect populations, leading to reduced food availability for trout, and an overall weaker ecosystem.

The ruling eliminates any further avenues for legal appeal. Nevertheless, conservation groups, including Trout Unlimited, Earthworks, Montana Environmental Information Center, and American Rivers, remain steadfast in their commitment to protecting the Smith River.

By altering the hydrology of the Smith River, Sandfire’s operations could have cascading effects on the river’s ecology, diminishing the trout population and the cherished experience that anglers have enjoyed for generations on the smith river.

Despite this setback, the resolve to safeguard the Smith River remains strong. Montana Trout Unlimited recognizes that mining isn’t the only challenge facing the Smith River. For years, issues like excess erosion, sediment buildup, and low flows have taken a toll on water quality and raised river temperatures, putting stress on wild trout populations. During the summer months, warm water often leads to Hoot Owl restrictions and river closures, limiting fishing opportunities and impacting the ecosystem.

To combat these ongoing challenges, TU is ramping up its restoration efforts. Starting in 2025, two major projects are planned for the North and South forks of the Smith River. These initiatives aim to reduce erosion, improve water flow, and restore critical habitat, ensuring the river’s wild trout populations and its fishing legacy are protected for future generations.

The love for the Smith River endures, as does the determination to protect its waters for generations to come.

For more info on this, go check out this article From MEIC 👇👇

https://meic.org/news-release-water-use-permit-for-the-black-butte-copper-mine-upheld-by-the-montana-supreme-court/