Wrangling Water Words: Smith River mine hinges on definition of water ‘use’

The Smith River is a crown jewel of Montana’s natural splendor, but a proposed copper mine at its headwaters in central Montana has many people worried about negative impacts to the river’s pristine waters.

After years of litigation, the state Supreme Court approved a mine permit for the operation in February. 

But, environmental groups also took the state to court over the mine company’s water permit — a key regulatory hurdle for mine construction and operation to commence. 

On March 29, the Supreme Court heard oral arguments in Missoula over the mine as part of the court’s annual visit to the law school at University of Montana. 

There’s no decision yet but a decision either way will set precedent in Montana and could have wide-ranging effects. 

Billings Gazette Reporter Brett French has covered the mine extensively for years. But with me today is Joshua Murdock, outdoors and natural resources reporter at the Missoulian, who reported in person on the oral arguments before the Supreme Court.