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Bill would allow data modeling to augment physical sampling for mine bond release
Summary
HB 616 would authorize operators to use computer modeling to supplement physical sediment sampling across mined drainages when seeking bond release; industry and DEQ proponents said the approach is more efficient, while landowner groups urged transparency, public access to model inputs, and statutory guardrails.
Representative Steve Gist presented House Bill 616, which would allow mine operators to use data modeling to augment field sampling when demonstrating that reclamation satisfies sediment and hydrologic requirements for bond release.
The sponsor said the current process can require physical sampling at hundreds of locations across multiple drainages during and after storm events, which is resource‑intensive and costly. HB 616 would permit operators to sample representative locations and use scientifically supported computer models to simulate drainage‑wide post‑mine sediment loads.
Industry witnesses (Westmoreland Mining and Montana Coal Council) supported the bill, saying modern modeling techniques and historic data make predictions reliable and would reduce redundant sampling and cost. "This is a sensible approach to sampling of water quality and quantity," George Harris (Montana Coal Council) told the committee.
Opponents, including the Bull Mountain Land Alliance and local ranchers, said modeling should not be a substitute for on‑the‑ground evidence and warned of incentives to use models that understate impacts. Tom Baratta and other landowners asked for statutory "guardrails," public access to model inputs, timely publication of assumptions and methods, and recourse if modeling proves inaccurate.
DEQ’s Dan Walsh testified that the department would treat models as an additional data point in bond‑release reviews and would continue on‑the‑ground inspection and other data. Walsh said modeling would not change bonding calculations; bond amounts remain established to cover reclamation risk.
Ending: Sponsor urged a due pass; DEQ and industry said modeling is a cost‑effective tool when made transparent; opponents asked for legal protections ensuring model transparency and independent review before models are accepted for bond release.
