Colorado
Thousands of abandoned mines in Colorado are leaking toxic water, but Congress finally has a solution in sight
PARK COUNTY — Polluted water leaking from thousands of abandoned mines in Colorado’s mountains is turning wetlands orange and dumping toxic dissolved metals in the headwaters of many of the state’s rivers.
But people who want to fix the problem are hampered by the very federal laws meant to protect the environment.
Organizations and local governments that want to fix the acidic drainage from a mine outside of Alma — and the hundreds of thousands of other abandoned mines across the West — are hopeful about new legislation under consideration in Congress. By removing liability burdens, the bill would finally give them more leeway to stop the pollution seeping into the streams relied upon for drinking water, recreation, and fish and animal habitat.
“This is a problem that is generally unseen to the general public,” said Ty Churchwell, a mining coordinator with Trout Unlimited who has worked for more than two decades to create better policy for abandoned mine cleanup. “As long as they can walk over to their tap and turn it on and clean water comes out, too often people don’t think about what’s happening at the top of the watersheds.
“But it’s a horribly pervasive problem, especially in the West. It’s hurting fisheries, tourism and recreation, domestic water — it’s a problem that needs to be solved.”
More than 23,000 abandoned mines dot public and private land across Colorado’s mountains and hills, according to the Colorado Division of Reclamation, Mining and Safety. At least 500 of those measurably harm nearby water quality by leaking acidic water packed with dissolved metals and sulfates. Those substances can turn streams and wetlands an unsettling orange.
In high-enough concentrations, the acidic mine drainage can kill aquatic ecosystems.
Acidic drainage pollutes at least 1,800 miles of Colorado’s streams, according to a 2017 report from state agencies. About 40% of headwater streams across the West are contaminated by historical mining activity, according to the Environmental Protection Agency.
But nonprofits, local governments and other third parties interested in fixing the problem are deterred by stringent liability policies baked into two of the country’s landmark environmental protection laws: Superfund and the Clean Water Act. Anyone attempting to clean up sources of pollution at a mine could end up with permanent liability for the site and its water quality.
“When I talk to clients and lay out exposure under Superfund and the Clean Water Act, they just throw up their hands and say, ‘John I’d like to help, but I can’t take that risk,’ ” said John Watson, an attorney who practices environmental law.
State officials, nonprofit leaders and lawmakers for decades have worked to find a solution that allows outsiders — called “good Samaritans” — to mitigate the pollution infiltrating thousands of miles of streams.
That work may finally bear fruit as Congress considers a solution that advocates believe has a good chance of passing. Federal legislation to address the problem cleared the Senate with unanimous support, and on Wednesday it passed out of the House Transportation and Infrastructure Committee — the farthest any good Samaritan mine cleanup bill has proceeded.
Perfect as the enemy of the good
Last week, large machinery rumbled at the abandoned mine outside Alma as contractors worked to grade a hill of mine waste, flattening the yellow- and orange-tinged rocks.
Since the mine’s opening in 1891, polluted water has flowed out, traveling through the pile of mine tailings and waste rock, which contain elevated levels of arsenic, iron, lead, copper, mercury, molybdenum and zinc.
Zinc, which is toxic to fish in elevated concentrations, is one of the major concerns at the site, where the collapsed mine entrance spews about an eighth of a pound of dissolved zinc every day. The water becomes even more polluted after it passes through the waste piles.
Water testing showed that the amount of dissolved zinc in the water increased by a factor of 14 after the mine water traveled through the waste.
That water then dumped into 4 acres of wetlands below the site — and eventually into Mosquito Creek, which drains into the Middle Fork of the South Platte River south of Alma.
But now, after work by Trout Unlimited, the mine water travels around the mine waste via a lined channel that keeps the contaminated water from seeping into the dirt. Contractors will also reshape the mine waste — which covers about an acre — and enhance it with substances like crushed limestone to trap and neutralize metals when water passes through.
The hill then will be covered and revegetated.
When completed in October, the $244,000 project should measurably improve water quality in the creek, said Jason Willis, director of the nonprofit’s Western Abandoned Mine Lands Program. Though work is only halfway done, the wetlands already appear less orange.
If good Samaritan laws were in place, Willis said, Trout Unlimited could address the source of the pollution at the mouth of the mine.
“We could be doing this project a little more holistically,” he said.
Under current law, Trout Unlimited would have to assume permanent liability for the pollution if it decided to address the discharge at its source. The nonprofit would also be required to treat 100% of the pollution, which is not always possible or financially feasible, said Churchwell, the group’s mining coordinator.
“Our contention is that if we can remove 25%, 50%, 75% — isn’t that better than none at all?” he said. “And none at all is the program that we have today. We can’t let the perfect be the enemy of the good.”
Even state agencies shy away from treating toxic mine drainage at its source.
Colorado’s Inactive Mine Reclamation Program addresses safety concerns from mine openings and pollution from mine waste and tailings, but it does not treat polluted water at the point of discharge, program director Jeff Graves said in an email.
“CERCLA (the Superfund law) and Clean Water Act create a situation where a Good Sam, in this case the State, could be liable for long-term water treatment or remediation at a site where the State undertakes reclamation activities,” he wrote.
No constituency for orange water
Now Congress is attempting to remove that barrier. The pending bill, the Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024, would create a pilot program for up to 15 remediation projects led by good Samaritan organizations. A number of Colorado lawmakers are co-sponsors of the bill, including both senators and Reps. Brittany Pettersen, Joe Neguse, Lauren Boebert and Jason Crow.
Under the bipartisan legislation, a good Samaritan cannot be someone who had a role in the creation of the mine. Good candidates include state agencies, counties, watershed groups and other nonprofits. A site can only be eligible for the program if there is nobody remaining to be held accountable for the original mining and pollution.
Many abandoned mines stopped production before major legislation was enacted to hold miners responsible for environmental damage. While the worst sites are remediated under the Superfund law, many medium and small sites do not qualify — even though they, too, contribute pollution to soils and waters, Churchwell said.
A good Samaritan law could allow others to fill the void.
Gov. Jared Polis’ administration has thrown its support behind the legislation. Dan Gibbs, executive director of the Colorado Department of Natural Resources, in January wrote a letter urging senators to approve the bill.
“Previous bills over the past 25 years have attempted to strike a balance between incentivizing would-be cleanup proponents while protecting against further environmental harm, but have not garnered sufficient support to move forward,” Gibbs wrote in the Jan. 9 letter. “This Bill strikes that balance, and has gained broad support from the mining industry, state and local governments, sportsman groups, and conservation organizations.”
One of the state’s biggest water providers also supports the concept of a good Samaritan bill. Denver Water draws nearly half of its supply for 1.5 million people from the South Platte River basin — the same basin that the mine site outside Alma drains into.
“Thousands of abandoned mines across Colorado and the West remain a threat to water quality and in some cases can make drinking water treatment more complex and costly,” Alison Witheredge, a Denver Water watershed scientist, said in an emailed statement. “Denver Water supports expanding the tools available to nonprofits and other groups to take steps to clean up these sites without the burden of environmental liability that can be associated with taking on these challenging problems.”
After more than two decades of advocating for a good Samaritan law, Churchwell believes the current iteration of the legislation threads the needle between legal, mining and environmental needs.
“Orange, heavy metal water from mines impacts everyone, regardless of political party — this is not a political issue,” Churchwell said. “There’s no constituency for orange water.”
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Colorado
New affordable housing communities in Colorado aim to serve families with the greatest need
LONGMONT, Colo. — For Skye Beck and her husband, the decision to uproot their family of five from Nebraska and relocate to Colorado for a new job wasn’t easy — especially when it came to the cost of living.
“It was looking like it maybe was not going to be an affordable option for us to come out here,” she said. “We did find one eventually, but it was still just the two-bedroom apartment, and that was just a little tight for us for the year.”
After a year of cramped living, the Beck family moved into a much more spacious apartment at Ascent at Hover Crossing in Longmont. The newest affordable housing development in Boulder County, which officially opened its doors on Tuesday, includes four-bedroom units — a rarity in affordable housing.
“I think they only have six of those [units],” said Beck. “To have that much space for the five of us is a blessing.”
Katie Pung, housing development project manager for the City of Longmont, said the larger units were a deliberate priority.
“Having those larger units for families really came together in a way that we feel like is going to be meaningful for Longmont families,” Pung said.
The mixed-income apartments are available for a variety of incomes, with units ranging from 30% to 80% of the Area Median Income (AMI) — about $31,650 to $84,400 for a one-person household.
The development also includes an early childhood education (ECE) center on site, giving families an affordable childcare option.
OUR Center, a longtime local nonprofit specializing in subsidized early education for low-income families, will operate the center. The facility is set to open later this year, with availability for both residents and the broader Longmont community.
It reflects a growing statewide push to incorporate childcare into housing projects through state funding and technical assistance for developers.
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A similar effort is underway in Denver’s Berkeley neighborhood, where the Colorado Coalition for the Homeless is partnering with the Denver Housing Authority to develop Charity’s House, a family housing development with 135 new units — also with an on-site child care center.
At least 40% of the units will be reserved for families earning 30% of the Area Median Income (AMI) — currently $37,850 for a family of three and $42,050 for a family of four in Denver. All units will be income-restricted to those at or below 60% AMI.
Cathy Alderman, chief communications and public policy officer for the Colorado Coalition for the Homeless, said land partnerships help reduce both cost and construction time.
“If we can enter into a partnership with another organization that owns land, and we can build on that, that cuts our cost and time down considerably,” Alderman said.
The DHA Delivers for Denver (D3) bond program, a partnership between DHA and the City of Denver, has funded 11 property acquisitions since its inception in 2019, according to Denver Housing Authority Chief Real Estate Officer Erin Clark.
“It is public partnerships like that and public-private partnerships that, even us, working with a nonprofit here, that are what deliver more housing across the community,” said Clark. “It’s just people thinking outside of the box and leveraging resources and saying, ‘What do you do best, and what do we do best, and how can we work together to make all this happen?’”
Construction is slated to begin in late 2027.
Denver7 has heard from multiple experts through the years about the lack of affordable housing options for families and seniors.
Years-long waitlists and housing lottery odds often make it tougher. More than 15,000 children and youth are currently experiencing homelessness in Denver.
Colorado has been making significant housing investments since the COVID-19 pandemic, leading to more affordable housing developments across the state. But Alderman said there is still more work to be done.
“My biggest concern is that not all of that housing is being targeted for those households in the greatest need,” Alderman said.
Longtime Longmont resident Karen Howerton remembers a time when rents hovered in the $600 range.
“When I came back to Longmont six years ago, I was surprised at how much inflation had happened here and how big the town had grown,” she said.
The last affordable housing development she lived in didn’t quite fit all her needs.
Now, she joins the Becks as one of the first tenants at Ascent at Hover Crossing.
“What I wanted to come over here for was a washer and dryer — I didn’t have that at my other place — and the little balcony, you know,” she said. “I’ve met a few of the neighbors already, and I can’t say enough about it. It’s just a great place to be, for sure.”
Howerton and Beck say the little comforts go a long way toward making a place feel like home.
“I mean, everyone deserves to have a space and be able to afford it without worrying about all the other parts of life,” Beck said. “I feel like here we’re able to finally rest a bit and able to enjoy life, but it shouldn’t be limited to just a waitlist.”
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Snow started Monday night in Colorado’s mountains and will continue throughout the week, likely making its way into the Denver area on Friday, according to the National Weather Service.
Colorado’s mountain roads, including Interstate 70 at the Eisenhower-Johnson Tunnel and Berthoud Pass, were already snow-covered Tuesday morning, according to the weather service.
“With more snow to come throughout the day, a Winter Weather Advisory was issued for the Front Range Mountains,” forecasters said.
That advisory will be in effect until 8 p.m. Tuesday for parts of Jackson, Larimer, Boulder, Grand, Gilpin, Clear Creek, Summit and Park counties, including Rocky Mountain National Park. Additional snow accumulations between 6 and 14 inches are possible on Tuesday, forecasters said in the alert.
As of Tuesday, the weather service’s snow forecasts included:
- 2 inches on I-70’s Vail Pass, with up to 3 inches possible
- 3 inches in Winter Park, with up to 4 inches possible
- 4 inches in Eldora and on U.S. 6’s Loveland Pass, with up to 5 inches possible
- 4 inches on U.S. 40’s Berthoud Pass near Winter Park, with up to 7 inches possible
- 5 inches at Bear Lake in Rocky Mountain National Park, with up to 7 inches possible
- 6 inches on U.S. 34’s Milner Pass in RMNP, with up to 8 inches possible
- 7 inches on Colorado 14’s Cameron Pass near Fort Collins, with up to 8 inches possible
- 9 inches on Mount Zirkel, the highest summit of Colorado’s Park Range of the Rocky Mountains, with up to 11 inches possible
“Travel could be very difficult,” weather service forecasters stated in the winter weather advisory. “The hazardous conditions will impact the Tuesday morning and evening commutes.”
Snow is expected to pause in the mountains Wednesday and resume Thursday before wrapping up early Saturday morning, according to hourly forecasts from the weather service.
In the Denver area, snow is most likely between 5 a.m. and 4 p.m. on Friday, the hourly forecasts show. Rain is also forecast for the metro area during that time, so it’s unknown how much snow will stick.
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In NHL.com’s Q&A feature called “Sitting Down with …” we talk to key figures in the game, gaining insight into their lives on and off the ice. This week, we feature Kim Weiss, assistant coach of the Colorado Eagles, the Colorado Avalanche’s American Hockey League affiliate. Weiss was named assistant for the Eagles on Jan. 16, joining Seattle Kraken assistant Jessica Campbell as the only women in the NHL or AHL to be a full-time assistant coach.
Kim Weiss doesn’t think about the history she’s made that often.
The 36-year-old is too busy with her duties that come with being the Colorado Eagles’ assistant coach, including breaking down 5-on-5 video — she was the team’s video coach prior to her promotion — presenting it to the team, pushing pucks and running practice drills.
“When the title change happened and the promotion happened, I left the office of the general manager (Kevin McDonald), and I got back to work,” Weiss told NHL.com. “In the moment you’re not really thinking about that kind of stuff, but obviously it’s an honor.
“I’m especially grateful just because of my background. I didn’t play on a national team, I didn’t grow up in Minnesota or any kind of a hockey hotbed. So to get at this level and to have this legacy, for lack of a better word, from the place I’m from, a kid from Maryland that played Division III (hockey at Trinity College), it makes me even more proud to show people that you can get somewhere no matter where you start from. Then you add in being a female and all of that, I’m really proud of my journey and I’m proud of all the people who helped me along the way to get here.”
It’s been quite a ride for Weiss with the Eagles, who are second in the AHL Pacific Division. Last week, Weiss talked to NHL.com about her new duties, working with the Avalanche and more women in hockey.
So what was it like the day McDonald called you into the office to give you the news of your promotion?
“Honestly, it’s an affirmation of the work you put in. That’s what the GM said to me. Last season I had a different head coach (Aaron Schneekloth) and we had a different assistant (Dan Hinote) that both moved onto the NHL, and they both spoke highly of me to our GM in the summer and to our new head coach (Mark Letestu). Getting to know Mark this year and working for him, everything that he had heard of me got confirmed through the first few months of the year.
“I don’t exactly know how the process went about to change the title, but I think he went to Kevin, and I know Kevin said this to me, this line of, ‘You’re doing all the work that the assistant does, so why aren’t we calling you one?’ I’m already on the ice with the team and I run skill skates and scratch skates and present (video). I’m doing everything the assistant coach does; I just had a different title. So I really appreciate them just giving me the opportunity to kind of advance my career and keep doing what I love to do, which is coach hockey.”
Letestu also had you run one of the practices earlier in the season. How did that come about?
“Every assistant got (that chance). The big thing coming in was, he had been an assistant coach before and he wanted to make sure we all had a voice and a say, and we weren’t just coming onto the ice for practice like, ‘Oh, here we go. Push some pucks. Put my track suit on for 20 minutes, push some pucks and jump off.’ He wanted to make sure we had the platform in front of the players.
“It started with our longest-tenured assistant coach, Tim Branham. It was nothing new or scary for any of us, but just a different dynamic. Not every staff allows their assistants to take full responsibility of a full practice. Then Derek (Army) took it and then the next week I took one.”
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