MONTANA TROUT UNLIMITED, TROUT UNLIMITED, MONTANA ENVIRONMENTAL INFORMATION CENTER, EARTHWORKS, and AMERICAN RIVERS, Plaintiffs and Appellants, v. MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION and TINTINA MONTANA INC., Respondents and Appellees

MONTANA TROUT UNLIMITED, TROUT UNLIMITED, MONTANA ENVIRONMENTAL INFORMATION CENTER, EARTHWORKS, and AMERICAN RIVERS, Plaintiffs and Appellants, v. MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION and TINTINA MONTANA INC., Respondents and Appellees. Oral Argument is set for Friday, March 29, 2024, at 10:00 a.m. in the Montana School of Theatre and Dance on the campus of University of Montana, Missoula, Montana, with an introduction to the oral argument at 9:30 a.m. Live-streamed through the Court’s website at: https://www.facebook.com/share/G6N15bn7HqcSPFhm/?mibextid=WC7FNe [facebook.com] Montana Trout Unlimited, Trout Unlimited, Montana Environmental Information Center, Earthworks, and American Rivers challenged a determination by the Montana Department of Natural Resources that Tintina Montana Inc., which proposes to construct and operate the Black Butte Copper Mine, need not obtain a permit under the Montana Water Use Act for its mine dewatering. The Conservation Groups alleged that DNRC violated the MWUA because Tintina must obtain a permit as mine dewatering constitutes a “beneficial use” under the MWUA. The Meagher County District Court disagreed, agreeing with DNRC that Tintina’s proposal for mine dewatering is neither a “beneficial use” nor a “waste” and DNRC correctly exempted the additional groundwater from its permitting requirements. The court was further unpersuaded by the Conservation Groups’ argument that the beneficial-use statutes within the MWUA are unconstitutional if they allow for mining companies to pump unlimited amounts of groundwater without a permit because this would violate parts of the Montana Constitution that provide for the protection of the environment and water rights. On appeal, the Conservation Groups argue that the District Court erred because Tintina’s proposed mine dewatering is a “beneficial use” subject to permit requirements in the MWUA. The Conservation Groups alternately argue that if mine dewatering is exempt from permitting via a “loophole” in the MWUA, then the MWUA violates the Montana Constitution. Live-streamed through the Court’s website at: http://stream.vision.net/MT-JUD/

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