Consequential Mines Back on Table in Colorado and Montana

Plus Cali salmon, the fishing economy, Snake River flows, funding for Maine Atlantics, Yellowstone cutts, and more in Fly Fisherman's News Briefs for March 1, 2024.

March 01, 2024 By Lynn Burkhead, OSG Senior Digital Editor

Montana Supreme Court Sides with Black Butte Mine in Dispute

In a controversial ruling by the Montana Supreme Court, high court justices ruled earlier this week by a 5-2 vote that the embattled Black Butte Copper Mine can proceed.

According to Helena, Mont. television news station KTVH (Link: https://www.ktvh.com/news/black-butte-mine-can-move-forward-rules-mt-supreme-court ), the ruling overturns a previous District Court ruling that had invalidated the mining permit previously issued. The Montana high court reversed that ruling, indicating that the Montana Department of Environmental Quality had followed the law in issuing the mining permit originally.

The case stems from Tintina Montana, Inc. applying for a permit to construct and operate the Black Butte Copper Mine back in 2015, seeking to operate the underground mine that court proceedings indicate was "...expected to conduct active mining for thirteen years, followed by four years for reclamation and closure. The DEQ spent five years in review of the application, rejecting it for deficiencies three separate times."

According to the Bozeman Daily Chronicle, the mine is projected to produce 14.5 million tons of copper-enriched rock that is mined from 1,888 acres in that 13-year mining window. Concerns about the 72-acre tailings pond was a key issue for Montana Trout Unlimited filing suit along with other groups including American Rivers, Earthworks, and the Montana Environmental Information Center according to the paper.

After the permit was awarded by DEQ, Montana Trout Unlimited and others filed suit against the DEQ and Tintina (which changed its name to Sandfire Resources in 2018). As a result, the revocation of the permit took place at the district court level, which was then appealed. With the Feb. 26 ruling, the state's high court reversed the decision for the proposed mine along the Smith River's Sheep Creek tributary.

“The District Court revoked the permit after concluding that DEQ failed to adhere to two statutory schemes governing the state permitting process–Montana’s Metal Mine Reclamation Act (MMRA) and the Montana Environmental Policy Act (MEPA)," indicated the 94-page high court opinion. "Upon careful review of DEQ’s administrative record, however, and applying the appropriate standards of review, we conclude that the agency demonstrated compliance with both laws."

While Montana TU and its conservation partners can’t appeal the high court ruling, there is more high court drama that could impact the case.

“Today’s decision is a setback in the fight to protect Montana’s beloved Smith River, but we remain committed to protecting the river and all who depend on it,” said Jenny Harbine, an Earthjustice attorney representing the conservation groups, to the Bozeman newspaper. “Our challenge to the mine’s dewatering scheme is pending before the Montana Supreme Court and presents another opportunity to defend the integrity of this watershed.”

That high-stakes case–which the various conservation groups claim would derail the water rights package necessary to operate the mine, a claim that Sandfire Resources refutes–will reportedly be heard on March 29.

Stay tuned for more coverage.

Potential Pit Mine Resurfaces in Colorado

A drift boat floating down a river in an arid landscape. — American Whitewater is urging interested parties to send messages to Eagle County commissioners again that a proposed pit gravel mine is not in the interest of both residents and visitors to the region. (Photo courtesy Susie Kincaid)

Ideas for a gravel pit along the confluence of the Colorado and Eagle Rivers are nothing new in Colorado, surfacing more than once in recent years.

But the idea is back again as Eagle County Commissioners appear poised to vote on a proposal from Rincon Materials, Inc. to excavate and operate a 100-acre open pit gravel mine just upstream from the popular Dotsero boat ramp on the Upper Colorado River Recreational Area.

In the new strategy, California will remove barriers and modernize infrastructure for salmon migration, restore vital habitat, protect water flow in key rivers at key times, modernize hatcheries, transform the state's technology and management systems (for managing salmon and trout), and strengthen partnerships.

"Salmon are an integral part of our shared history in California," said Newsom in a news release from his office. "Some of my youngest memories were of seeing the iconic fish up close with my father when I was growing up–an experience all Californians deserve.

Four people standing near a stream, chatting. — California Governor Gavin Newsom (leaning on the log) and his administration announced a new Salmon Strategy will aims to remove fish barriers and modernize infrastructure. (Photo courtesy CalTrout)

"We’re doubling down to make sure this species not only adapts in the face of extreme weather but remains a fixture of California’s natural beauty and ecosystems for generations to come.”

The Governor's office indicated that it has already spent $796.4 million in state investments over the past three years in efforts to protect and restore salmon populations within the state. Those actions include dam removal work on the Klamath River, taking endangered adult winter-run and threatened spring-run Chinook salmon to the upper portion of the Sacramento River during horrible drought conditions in 2020-22, restoring some 3,000 acres of tidal wetlands, expanding tribal partnerships, and more.

Newsom has often faced criticism in the state’s ongoing battles concerning wildlife and the environment, but he drew praise from CalTrout for this recent plan being unveiled.

"The Governor’s strategy brings in many of the elements we think are effective to bring back salmon populations," said California Trout Executive Director Curtis Knight in a news release. “Restoring habitat, removing fish passage barriers, and investing in technology and science are crucial to ensure these fish are around for future generations.

“We don’t have a moment to waste, and this approach, built on partnerships with tribes and many others, indicates the right level of urgency to address the crisis these native fish are facing.”

Those partnerships will be key in achieving the plan’s ambitious outcomes.

“By working with Tribal nations, community members, and close project partners like the Yurok Tribe and their Fisheries Department and Construction Corporation, Save the Redwoods League, and State and Federal agencies, we are completing several major projects to restore North Coast rivers as a stronghold for native fish in the state,” noted Darren Mierau, CalTrout Program Director in the North Coast region, in the organization's press release.

“We’re pleased to see the Governor’s plan provides support for removing obsolete barriers like Scott and Cape Horn Dams that block migratory fish from the Eel River’s headwaters as well as for restoring spawning and rearing habitat. These actions are critical and urgent in light of climate change.”

Climate Change Could Prove Costly for Montana Fishing Interests

According to a report prepared for the Montana Wildlife Federation, climate change in Montana, resulting warmer temperatures, and more annual precipitation could lead to projected economic losses totaling $263 million in lost labor earnings by mid-century.

Specific to sport fishing in the Big Sky State, the report prepared by Power Consulting Inc., indicates that things like earlier snowmelt, earlier peak stream flows, and more time each year for trout to spend in stressful low water and warm temperature readings bring a projection of a 35 percent decline in cold water fishing for all trout, along with a 65 percent reduction of westslope cutthroat trout. That could lead to more limitations on fishing regs, including more Hoot Owl efforts, and ultimately a loss of nearly 1,900 jobs and more than $60 million in lost labor earnings annually.

News on Snake River Flows from Jackson Dam

In an effort to maintain water flows and protect the Upper Snake River System and its critical habitat for a variety of species, the state of Wyoming and the Bureau of Reclamation Upper Snake Field Office have been working recently to maintain flow releases below Jackson Dam.

Jackson Dam on the Snake River, below the peaks of the Teton Mountains. — Wyoming will reportedly keep 280 cfs in releases from Jackson Lake Dam going this winter and spring, which will help protect the 4.5-mile stretch of the river below the dam that is vital habitat for such species as Snake River cutthroats. (Photo courtesy of the National Parks Service)

With low snowpack issues above Jackson Lake and high storage contents in the upper Snake River reservoir system below Jackson Lake, there has been the potential for storage loss in the upper Snake River system. Because of that, the state of Wyoming has decided to make available its 2023 storage water to support releases from Jackson Dam consistent with the guidelines developed by both the Cowboy State and Reclamation back in 1996.

This will reportedly keep the 280 cfs releases from Jackson Lake Dam going this winter and spring, which will help protect the 4.5-mile stretch of the river below the dam that is vital habitat for such species as Snake River cutthroats, big game and other mammalian wildlife species, shore birds, and the bluehead sucker to name a few.

“It was important that we get out in front of this possible scenario early and to engage in real-time coordination with our partners to adaptively manage releases,” said Jennifer Carrington, Reclamation regional director, in a Wyoming Game and Fish Department press release. “Reclamation is committed to maintaining 280 cfs outflow from Jackson this winter/spring, while working with Idaho irrigators in the upper Snake to ensure their contractual entitlements are satisfied.”

If conditions improve in coming weeks, a cease water order could be submitted by the state, as work also continues to monitor water levels and find workable solutions for this fall and next winter.

$700,000 Available for Atlantic Salmon Habitat Restoration Projects

The National Atmospheric Administration (NOAA) is seeking proposals for projects that will restore habitat for endangered Atlantic salmon in the Gulf of Maine region. The proposals are for some $700,000 available for projects that will directly benefit Atlantic salmon habitat.

Listed as an endangered species, the Atlantic salmon is an iconic fish species of the Northeast and Maritime Canada. In the U.S. alone, the salmon once returned by the hundreds of thousands to rivers in the northeastern U.S., a figure now cut to small numbers annually in rivers in central and eastern Maine.

With degraded and inaccessible habitat being one of the Atlantic salmon's largest hurdles to overcome, restoration efforts that repair habitat blocked by dams, destroyed by development, and harmed by human impact is the aim of these NOAA funds. The funding opportunity has an application deadline of April 1, 2024 for funding in the current fiscal year, although the overall funding window will remain open until 2026.

For more information, visit the page for Atlantic Salmon Habitat Restoration Partnership Grants.

Complex Work Remains in Recovery of Yellowstone Cutthroat Trout

As Fly Fisherman editor Ross Purnell noted this week in a social media post, the nation's leading fly fishing publication is all about covering science and native species as it did recently in the great work by Paul Weamer in the February/March 2024 issue of Fly Fisherman.

But a case from recent work reported on by the American Fisheries Society's Fisheries magazine notes that the ongoing Yellowstone cutthroat trout recovery in Yellowstone Lake and beyond includes a variety of complex interactions between invasive species suppression, disease, and climate change.

A large Yellowstone cutthroat held just above the water. — A recent report emphasized that Yellowstone cutts are unlikely to achieve recovery benchmarks if obstacles like whirling disease, suppressing invasive species like lake trout, and ongoing climate change aren't simultaneously addressed. (Josh Bergan photo)

The abstract warns that there is much more work to be done. The paper, written by a variety of biological scientists, demonstrated that an ecosystem-level model (which was calibrated to historical data), forecast whether or not the Yellowstone cutts would achieve recovery benchmarks given things like whirling disease, suppressing invasive species like lake trout, and ongoing climate change.

The conclusion? If only the removal effort to eliminate lake trout from Yellowstone Lake is done going forward, Yellowstone cutts aren't likely to achieve conservation benchmarks if the influence of disease and climate change isn't incorporated by biologists and resource managers in the years ahead according to the study which targets the period of 2020 through 2050.

"Our results illustrate how complex interactions within an ecosystem must be simultaneously considered to establish and achieve realistic benchmarks for species of conservation concern," wrote the 10 authors of the report.

Yellowstone cutts declined significantly after lake trout were illegally introduced to Yellowstone Lake in 1994, but the species is benefitting from ongoing gill-netting to remove the invasive species from the nation's highest elevation lake that is some 20 miles in length and 14 miles wide.

There’s more work and more science ahead as work continues to save one of North America's most iconic trout species. And as always, we'll keep you informed here at flyfisherman.com.

Lynn Burkhead is a senior digital editor with Outdoor Sportsman Group.