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Mining Exploration Resurfaces at Tubutulik River

artwork Credit Dustin Newman

Mining companies are once again turning their attention to rich uranium deposits located at the headwaters of the Tubutulik River near Nome. Panther Minerals, a Canadian mining company, is seeking to expand exploration activities they initiated 15 years ago in the Boulder Creek-Fireweed areas. The Native Village of Elim and the Norton Bay Watershed Council have expressed strong opposition to this new proposal, citing the significant environmental and cultural risks posed by the potential mining project.

The Native Village of Elim has requested that the Bureau of Land Management (BLM) and the Department of Natural Resources (DNR) deny permits for further exploration. The community of Elim relies heavily on the Tubutulik River Watershed for subsistence, which sustains their cultural, traditional, and economic well-being. Any disruption to the area’s ecosystem would have severe consequences for the health of the community and its way of life. Drilling in the Boulder Creek area, which is State-owned land, threatens to introduce dangerous contaminants like uranium into the downstream Watershed, posing a serious risk to both human health and local wildlife.

Tribal Opposition to the Exploration: The dispute began when the BLM denied Panther Minerals’ exploration application following a Government-to-Government consultation between the agency and the Native Village of Elim. However, the matter has now moved to the State arena, where Panther Minerals is requesting approval from the DNR for a Temporary Water Use Permit. This permit would allow the company to pump 10.9 million gallons of water each summer from the Tubutulik River and its tributaries for up to five years.

The Elim community, along with other tribal entities, strongly opposes the water extraction request. The tribes argue that the DNR must consult with the Native Village of Elim before any water use is authorized. The community has long worked to protect the fish, aquatic life, and habitat in the Tubutulik River Watershed, which are critical to their subsistence practices. The people of Elim have an unparalleled knowledge of the river and its ecosystems, which should be taken into account when State decision-makers are considering the approval of any water use rights related to mining activities.

The Impact on Water and Fish Resources: The Tubutulik River is not only vital to the Elim community’s daily life but also serves as a habitat for aquatic life, including fish that support subsistence fishing. Several tributaries in the watershed experienced a fish die-off in recent years due to high temperatures and low water flows. Given the past issues with water flow, the extraction of millions of gallons of water from the river would exacerbate the problem and jeopardize the health of aquatic populations.

The DNR’s decision to provide only a 10-day period for public comment on the mining exploration plan has been criticized as insufficient, particularly considering the complex environmental and cultural factors at play. The Elim community and other stakeholders must be given ample time to review the application and provide feedback. The DNR must also provide a full and transparent account of the potential impacts of water withdrawal, including the identification of withdrawal and return points, the chemicals used, and the impacts on fish populations.

The Fight for Consultation and Public Input: Tribal organizations are calling for the DNR to provide meaningful Government-to-Government consultation, as required by the recently enacted HB 123, which recognizes the unique role of federally recognized tribes in Alaska. The tribes believe that this law necessitates a consultation process that goes beyond the minimal public notice provided by the DNR. The Native Village of Elim argues that the community’s traditional ecological knowledge is invaluable and must be integrated into the decision-making process regarding the protection of water resources and wildlife.

In addition, the community advocates that any approval for temporary water use be strictly limited in duration. The proposed five-year period requested by Panther Minerals is deemed too long and should be reduced. The tribes are asking the DNR to limit water extraction to a maximum of one year, with the possibility of a one-year extension at most, to ensure that any harm to the environment is minimized.

Economic and Cultural Threats: The future of Elim as a subsistence economy is at stake. David Hederly Smith, the claim owner of the mining exploration site, has suggested that the area could become the "Uranium Capital of America," which would result in drastic changes to the Elim community. Such industrialization would destroy the subsistence-based economy that the community has relied upon for generations. It would also disrupt the Elim people’s cultural practices and traditions, which are tied to the land and its resources.

The Elim community has lived in harmony with the Tubutulik River Watershed for time immemorial, and its people have a deep connection to the land and its wildlife. The threat of uranium mining and the potential disruption of the watershed would not only harm the environment but also infringe upon the rights of the Elim people to maintain their cultural identity and way of life. This industrial development would undermine their sovereignty and their ability to consent to activities that affect their lands, territories, and resources.

Conclusion:

The Native Village of Elim and the Norton Bay Watershed Council are steadfast in their opposition to the proposed uranium mining project and the associated water extraction. The Elim community has the right to protect its traditional way of life and the ecological health of the Tubutulik River Watershed. It is crucial that the voices of the Elim people be heard and that the State of Alaska uphold its responsibility to consult with the community before approving any mining activities. The fight for clean water, cultural preservation, and environmental stewardship is not just about the Tubutulik River—it’s about ensuring that future generations of Elim residents can continue their traditions and maintain their connection to the land.

Photo By Hal Shepherd

P.O. Box 15332, Fritz Creek, AK 99603
hal@waterpolicyconsulting.com
(907) 491-1355

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