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Bill to publish draft hydrologic analyses earlier draws industry support and calls for longer review time
Summary
HB633 would require DEQ to release a draft Cumulative Hydrologic Impact Analysis (CHIA) earlier in coal permit reviews so the public can comment on technical hydrologic analysis. Industry groups backed the change as a way to reduce late litigation; environmental groups said the proposed two‑week review is too short for meaningful analysis.
Representative (sponsor) opened the hearing on House Bill 6 33 saying the bill moves the cumulative hydrologic impact analysis (CHIA) earlier in coal permit review so the public can meaningfully review and comment on technical modeling and assumptions before DEQ issues a final acceptability determination.
Daryl James (Westmoreland Mining) and industry groups told the committee a draft CHIA during the 60‑day technical review window would let applicants, DEQ, and the public address issues earlier and should reduce "eleventh hour" litigation. "This bill... moves that CHIA into a draft form up to the DEQ determination of acceptability," James said.
Derf Johnson (Montana Environmental Information Center) said the concept of earlier CHIA review is sound but urged a longer review period — 60 days rather than the bill’s two‑week draft comment window — citing the complexity of hydrologic analyses and the limited capacity of landowners and small organizations to hire technical experts quickly.
DEQ’s Dan Walsh served as an informational witness. Committee members discussed possible amendments to lengthen review windows and whether the bill’s litigation‑limiting language (restricting later challenges to issues raised during the draft CHIA comment period) would be equitable for landowners.
