Senate panel backs water rights bill for mining companies

By JOHN MILLER, Associated Press Writer
Monday, February 18, 2008 6:59 PM CST

BOISE, Idaho — Idaho mining companies shouldn’t be prevented from using their water rights just because those rights have gone unused for decades due to low mineral prices, according to a bill approved 7-2 by the state Senate Resources and Environment Committee.

The committee on Friday backed the measure meant to help 116-year-old Hecla Mining Co. in northern Idaho get access to millions worth of silver on claims it announced it was buying this week from the Independence Lead Mines Co. for $66 million.

Hecla, which also operates the Lucky Friday Mine near Wallace, is among mining companies in the region that are seeking to expand or revive operations now that silver prices are around $17 per ounce.

The Coeur d’Alene-based company could use some of its old water rights located in the historic Star-Morning Mine district of the Silver Valley to extract ore from Independence Lead Mines claims, said Albert Barker, a lawyer for the mining company in Boise.

Sen. Brad Little, R-Emmett, voted for the bill after saying he was satisfied it wouldn’t result in other water rights holders in the Coeur d’Alene Basin or elsewhere losing access to their water.

Norm Semanko, director of the Idaho Water Users Association, backed the bill. The proposed changes fit with 10 other exemptions to water-right forfeiture that farmers, cities and other water users have won over the years, he said.

The measure now goes to the full Senate for a vote.

Two environmental groups, the Idaho Conservation League and Idaho Rivers United, opposed the measure, arguing mining companies that haven’t used their water rights for decades should be forced to reapply for them, not just pick them up where they left off.

The Idaho Conservation League has spoken out against efforts by the Atlanta Gold Co., with a proposed operation near the Boise River 100 miles upstream from the state capital, to use old water rights there in new mining activities, said Justin Hayes, a spokesman.

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