Mining vs. clean groundwater

Idaho Statesman, p. 1 main 7/30/2007

Idaho miners say they need a clear exemption from the state's groundwater protection law to keep their industry viable in Idaho.

But if that's the price of mining in the state, environmentalist aren't sure it's worth the billions of dollars of investment.

Industry leaders say they can expect high prices and good worldwide demand for minerals including molybdenum, phosphate, cobalt and gold.

The two groups have spent the summer in negotiated rulemaking with the Department of Environmental Quality to rewrite the ground protection rules that include an exemption for mining activities.

Both sides say that exemption is too vague and needs to be improved.  But that's where agreement ends.

The main issue centers on determining how large an area can be contaminated with pollutants like selenium, a naturally occurring element occurring with phosphate ore deposits in eastern Idaho - and for how long.

"We don't have the right to damage somebody's existing beneficial use, but I cant conduct the activities I conduct and not impact the groundwater," said Jack Lyman, the main spokesman for the Idaho Mining Association.  "For practical purposes, if you have to dig a hole and maintain the existing standards, you cant start a new mine in Idaho."

Justin Hayes, program director for the Idaho Conservation League, said he and his group are not anti-mining.  But he said, the industry can't say it has cleaned up its act at the same time it wants to weaken rules to protect a hidden resource that is becoming increasingly valuable.

"It seems very shortsighted for any industry to be exempt from laws to protect groundwater," Hayes said. "We are going to need that water more than ever to be safe for crops and (to drink)."

DEQ's water quality chief. Barry Burnell said the agency's job is not to eliminate the groundwater exemption but to ensure mining doesn't impact public health and safety and other users.

"We need to certainly protect the existing beneficial uses from any impacts Burnell said.

Kevin Toner a partner in a New York investment company, siad he doesnt believe the current rule is protecting his 320 - acre ranch and its trout streams from J.R. Simplot's neighboring Smokey Canyon Phosphate mine in Southeast Idaho.

When he bought the ranch in 2005 he had the water in spring-fed Sage Creek checked and it was near federal drinking water standards for selenium.

Soon after he moved in, the level of selenium, which is a nutrient for some animals but is toxic at high concentrations, rose to unsafe levels in Sage Creek.

Simplot is seeking to expand its mine and Toner has banded together with other neighbors and the Greater Yellostone Coalition, to oppose it.  The coalition promotes protection of the Greater Yellowstone ecosystem, including Southeast Idaho.

Simplot is working on diverting a stream away from old mine waste dumped in a canyon under federally approved procedures, said Rick Phillps, a Simplot spokesman.

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