The largest tribe in the Yukon-Kuskokwim Delta squared off against Donlin Gold and the state of Alaska Wednesday in the state’s Supreme Court.
The Bethel-based tribe, Orutsararmiut Native Council, argued that the Donlin Gold mine – which would be about 180 miles upriver from Bethel – should not have received a state water permit.
Earthjustice attorney Tom Waldo, representing the tribe, said the proposed mine would draw from Crooked Creek, “de-watering” salmon spawning sites and potentially killing tens of thousands of eggs and fry.
Waldo told the justices that Donlin could propose another approach that protects salmon spawning in Crooked Creek, a tributary of the Kuskokwim River.
“But if they cannot find those solutions, the mine should not be certified,” he said. “It violates the Clean Water Act, and it harms ONC and the other tribes and villages who need those salmon.”
Lawyers for Donlin and the Alaska Department of Environmental Conservation argued that the water permit was properly issued. They said that the anti-degredation rule in federal law, which the state administers, wasn’t written for situations like this.
“We don't have pollutants going into Crooked Creek. That's not what's at issue in this,” Donlin attorney Eric Fjelstad said. “We have a fill project right next to the creek that takes water, has the potential — and to underscore it's not all the time. It's one year and 10. It's 10% of the time. This whole scenario that we've been talking about — 90% of the time doesn't happen.”
The justices did not say how they’d rule but will issue a written opinion at a later date.
The Mother Kuskokwim Tribal Coalition and other anti-mine activists are planning a Rally for the River in Bethel for Friday, June 5.
