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Thousands of abandoned mines in Colorado are leaking toxic water, but Congress finally has a solution in sight

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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.

Nathan Tezak, from Mike Tezak Construction out of Cotopaxi, Colorado, holds up an old mining ore car wheel he found on the job site where he was hired by Trout Unlimited to work on rehabilitating an abandoned mine site near Alma on Sept. 16, 2024. (Photo by RJ Sangosti/The Denver Post)

“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.

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“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.

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“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.

Trout Unlimited hired local contractors to rehabilitate an abandoned mine site near Alma, Colorado, on Sept. 16, 2024. The project aims to address contaminated water that flows from the old mine into wetlands, eventually reaching Mosquito Creek. (Photo by RJ Sangosti/The Denver Post)
Trout Unlimited hired local contractors to rehabilitate an abandoned mine site near Alma, Colorado, on Sept. 16, 2024. The project aims to address contaminated water that flows from the old mine into wetlands, eventually reaching Mosquito Creek. (Photo by RJ Sangosti/The Denver Post)

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.

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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.

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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.

Jason Willis, mine restoration project manager with Trout Unlimited, is working to rehabilitate an abandoned mine site to improve water quality for nearby wetlands and Mosquito Creek near Alma, Colorado, on Sept. 16, 2024. (Photo by RJ Sangosti/The Denver Post)
Jason Willis, mine restoration project manager with Trout Unlimited, is working to rehabilitate an abandoned mine site to improve water quality for nearby wetlands and Mosquito Creek near Alma, Colorado, on Sept. 16, 2024. (Photo by RJ Sangosti/The Denver Post)

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.

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“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.

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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.

Trout Unlimited hired local contractors to rehabilitate an abandoned mine site near Alma, Colorado, on Sept. 16, 2024. The project aims to address contaminated water that flows from the old mine into wetlands, eventually reaching Mosquito Creek. (Photo by RJ Sangosti/The Denver Post)
Trout Unlimited hired local contractors to rehabilitate an abandoned mine site near Alma, Colorado, on Sept. 16, 2024. The project aims to address contaminated water that flows from the old mine into wetlands, eventually reaching Mosquito Creek. (Photo by RJ Sangosti/The Denver Post)

“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

Colorado lands top transfer DT Oatis from Bama

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Colorado lands top transfer DT Oatis from Bama


Former Alabama defensive tackle Jehiem Oatis, the No. 1 defensive player in ESPN’s transfer rankings, has committed to Colorado, he told ESPN on Monday.

The 6-foot-5, 320-pound junior was one of the most coveted players in the transfer portal and the No. 5 overall player in ESPN’s transfer rankings. He has two more seasons of eligibility.

Oatis, the No. 38 overall recruit in the 2022 ESPN 300, started 13 games over his first two seasons at Alabama and appeared in four games in 2024.

Oatis is the latest big-name transfer to join coach Deion Sanders at Colorado. The Buffaloes’ portal-heavy approach to rebuilding their roster paid off in 2024 with a 9-3 record and a No. 23 finish in the final College Football Playoff rankings.

Oatis told ESPN that he’s headed to Colorado to “make the team great again.”

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He made the pick because of Sanders, defensive line coach Damione Lewis and analyst Warren Sapp. There’s a feeling that the combination of those three coaches can help Oatis maximize his vast potential.

“I feel like it’s beneficial for me, and I feel like I can give a lot of help to this season,” he said. “And I will have a coach I can depend on and a position coach leading me the right way.”

Offseason surgeries forced Oatis to sit out spring practice and limited him at the start of preseason camp. After playing a rotational role under new Alabama defensive coordinator Kane Wommack, Oatis made the decision around midseason to sit out the rest of 2024 and redshirt.

During his time in Tuscaloosa, Oatis recorded 52 tackles, 5 pass breakups and 1.5 sacks.

Colorado had one of the most improved defenses in the country under first-year defensive coordinator Robert Livingston, vaulting from No. 124 in FBS in scoring defense last season to 38th in 2024.

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“Great, great coaches,” Oatis said. “Lot of help. They know what they’re talking about and they lead the right way. They want you to go get it, go after it.”

Sanders must replace Heisman Trophy winner Travis Hunter, Big 12 Offensive Player of the Year Shedeur Sanders and nine starters on defense. Colorado is expected to sign another large class of transfer recruits for 2025.

Oatis is a Mississippi native who has tracked Sanders since he turned Jackson State into a nationally relevant team.

“Just seeing Coach Prime go first to Jackson State, where I’m from, and just to see him coach at Jackson State and see what he did for them,” Oatis told ESPN. “Then coming over to Colorado and make this team great again. It was a really great thing to do.”



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Police in Colorado scout vehicles with too dark window tint, issue citations

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Police in Colorado scout vehicles with too dark window tint, issue citations


Boulder police officers are running into a major problem- drivers having their window tint too dark in their vehicles. To fix this issue, the department is increasing patrols to spot these vehicles and even fine drivers. 

Boulder Police Officer Steve Coon tells CBS News Colorado First Alert Traffic Tracker Reporter Brian Sherrod if they can’t see inside your vehicle, they can pull you over right away. If officers can’t see your silhouette, your window tint is way too dark. 

Boulder police are searching for vehicles with too dark window tint

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CBS


According to Colorado’s Motor Vehicle Window Tint Law, HB19-1067, motor vehicles registered in Colorado have to transmit at least 70% of light through the windshield and 27% of light through other windows. The bill requires motor vehicles registered outside Colorado but operated in Colorado to transmit at least 20% of light through windows other than the windshield. Boulder police told CBS Colorado the top strip on the front windshield can be tinted but nothing lower than four inches from the top. 

Boulder Police officers test the windows with a tint meter and a calibration strip. The tint on your windows can be no more or less than 2% of the 27% or 70% law requirement. The machine reads the numbers after being placed on the windows. 

Coon told CBS Colorado that with the upcoming Hands-Free Law that goes into effect next month and for their safety, the tint needs to be lighter.

“The danger for police officers is we can’t see out of the vehicle,” Coon said. “A lot of times, I try to focus on the tint that is so dark you can’t see in it at all. I can’t see a silhouette of who’s driving so that’s dangerous for me because I don’t know what’s in the car or what’s going on in the car when I walk up to the car.”

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Coon said there are no programs right now that will pay to have your window tint lighter. Drivers will have to visit a tint repair shop to get it completed.

In Colorado, if you are pulled over, this is a misdemeanor traffic offense, with a fine between $500 to $5,000.  



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Let’s review: Onstage Colorado picks up where past left off | John Moore

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Let’s review: Onstage Colorado picks up where past left off | John Moore









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John Moore Column sig

Josh Hartwell feels badly for those who are just starting out in the performing arts when it comes to getting the word out about their projects.

“I think we forget the kind of media coverage that we could rely on for decades from the daily and weekly newspapers. That doesn’t exist anymore,” said the actor and playwright whose popular adaptation of “A Christmas Carol” is currently being performed at the Miners Alley Playhouse in Golden and at the Funky Little Theatre in Colorado Springs.

“When I was starting out, I took it for granted that we had two daily newspapers that covered pretty much every play,” Hartwell said. “Every Friday, we would rush to get both papers. It was nerve-wracking to turn through the pages looking for the review and to see how many stars it got. And even if you got a bad review in one daily, you still had hope for a good review in the other – or in the weekly.

“That’s something this new theater generation doesn’t get to experience, and I’m sad for them that they don’t. It’s like not getting the full Christmas experience.”

Without the muscle of powerful daily and weekly newspapers that could reach hundreds of thousands at a time, “you really have to hustle as much as you can now,” Hartwell said.

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Today, Colorado theater companies rely mostly on subscriptions, word of mouth, the unreliable noise of social media – and, like a gift out of nowhere: OnStage Colorado, which has become a robust and essential online resource for local theatermakers and theatergoers alike to engage with all things local theater.

“It’s just so refreshing to have actual coverage and reviews from a site like OnStage Colorado,” Hartwell said.

Founder Alex Miller and his team of 10 volunteer editorial contributors turned out about 200 generally encouraging reviews of Colorado theater productions in 2024 – which, he accurately states, “is about a bazillion more than anybody else does.”

Think about that: Two hundred theater reviews, all in one place.

“It’s extraordinary,” said Colorado Theatre Guild President Betty Hart. “And that says a few things. One, that theater matters. Two, that people convening together is still a vital part of society. And three, that theater is still one of the greatest forms of entertainment that’s ever existed.”

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Alex Miller and Toni Tresca OnStage Colorado

Alex Miller and Toni Tresca recording a recemt episode of their OnStage Colorado Podcast.



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OnStage Colorado also offers a weekly podcast that has now passed 100 episodes, an email newsletter with 900 subscribers, a comprehensive and remarkably handy calendar of theater performances, and occasional breaking news. The still fully free service is presently drawing about 10,000 visitors a month, up 6% just since August. Miller puts in about 30 hours a week keeping it all going. And even though the site is starting to attract advertisers, no one is getting paid yet.

Alex Miller: If it's on stage, it's in OnStage Colorado

Journalist and theater fan’s startup website offers comprehensive guide and raises questions

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But, together, the OnStage team stands forth like gladiators coming to the benevolent aid of beleaguered theater companies large and small as they struggle in the largely vain pursuit of building attendance figures back up to pre-COVID levels.

“Word of mouth is still a somewhat viable marketing force,” said Missy Moore, artistic director of the Thunder River Theatre Company in Carbondale. “But our donor bases are literally dying off. So it matters that Alex is raising awareness about the art form throughout our state.”

Miller, a once and still pretty much present journalist, freely admits that OnStage Colorado blurs the line between advocacy and true journalism – and he’s well aware of the landmines and the opportunities that come with both. Still, he makes no bones about his intentions.

“I definitely want to support theaters,” he said. “That is my main reason for doing this.”



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Alex Miller Colorado Mountain College

Journalist and sometimes actor Alex Miller appearing in a in 2012 fundraiser for the Lake Dillon Theatre Company at Colorado Mountain College.




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Miller has assembled a team of mostly tenderfoots with varying degrees of writing experience. “I’ve just added a really good writer up in Fort Collins; I have two good ones in Colorado Springs; and the Denver area is pretty well covered,” said Miller, who also has a contributor in Summit County and is looking to move into other parts of the state. One of his writers is expanding OnStage’s coverage into dance, opera and classical music. He plans to move into live music and comedy next.

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His primary contributor and creative partner is rising star Toni Tresca, a prolific young writer who freelances for multiple legit local news outlets (that pay), and he co-hosts the OnStage Colorado Podcast with Miller.

Tresca is a self-starting, self-taught writer who has emerged as the most promising counter to declining arts journalism in Denver in years. Tresca has fully rewritten the entrenched rules of arts journalism, which for decades dictated that freelancers must write exclusively for one media outlet – typically for pennies per word. Media outlets don’t pay enough anymore to be so picky.

Tresca came out of nowhere in 2022 and took it upon himself to start producing smart, thoughtful theater, dance and comedy features that multiple outlets are now eagerly publishing including Westword, Boulder Weekly and the Denver North Star. All told, Tresca is turning around a superhuman number of stories. Problem is, freelance pays for squat, the workload is unsustainable, and Denver is an expensive place to live. None of this work comes with health insurance. Tresca has done all this, by the way, while pursuing his MBA at the University of Colorado Boulder, which he should complete in May. 

“Toni has definitely become a strong partner, especially for the podcast,” Miller said. “He brings a whole new perspective from someone who is younger and newer to the community. And he’s so  knowledgeable. He has learned so much about Colorado theater so quickly. Usually someone producing that much content is always running around with their hair on fire. But Toni’s super chill, which matches my personality – so we get along really well.”



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Alex Miller Vail Daily 2005.jpg

Journalist Alex Miller, second from left, with the staff of the Vail Daily in 2005.




Miller is most pleased with the evolution of the podcast, which offers listeners a weekly snapshot of what’s on stage, what’s in the news, and what people are talking about. “I think Toni and I have gotten better and better at our rapport,” Miller said. “I think we’re getting a little funnier and more entertaining and less boring.” It certainly wasn’t boring when he landed an interview with Emmy Award winner (and Summit County-born) Mandy Moore to talk about her choreography for the Oscars “Kens” bit, and on the Taylor Swift Eras tour.

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Hart, herself a frequent guest, says the podcast “has become a central part of further building community in the Colorado theater scene.

“It’s also a lot of fun to hear about shows that maybe weren’t on your radar, but when you hear their takes on the podcast, it causes you to lean in and perhaps go and buy a ticket.”







Onstage Colorado A Christmas Carol Miners Alley

Miners Alley Playhouse presents Josh Hartwell’s “A Christmas Carol” every December in Golden (2024, with Jim Hunt, shown above). OnStage Colorado has reviewed it there three times. This year, OnStage reviewed a new production of the same play by the Funky Little Theatre in Colorado Springs.

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Miller, whose wild career path has included stints as editor of the Vail Daily and Summit Daily News – twice – is rightly proud of what he started in 2018 right out of thin (Summit County) air.

“It’s obvious that we cover shows that would not be covered otherwise,” Miller said. “And even shows you would think would get covered by The Denver Post or Westword are not always getting covered. There are just not a lot of options out there.

“So, I’m really proud of what OnStage Colorado has done. No, we don’t have entirely professional journalists. But we do have people who are really passionate about theater.”

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Note: The True West Awards, now in their 24th year, began as the Denver Post Ovation Awards in 2001. Denver Gazette Senior Arts Journalist John Moore celebrates the Colorado theater community by revisiting 30 good stories from the past year without categories or nominations.

Unsung hero of the day

Beki Pineda calls herself “one of the elders in the community,” and why not? She’s a still-vital 86. Pineda, who got her start at the old Bonfils Theatre (now the Tattered Cover Book Store), ran a properties rental house called All Propped Up for nearly 40 years, providing theater companies with all manner of items to populate their stages.

Today, she runs the box office for the Denver School of the Arts; she teaches an adult theater appreciation class through Colorado Free University; she serves on the boards of the Firehouse Theatre Company and the Historic Elitch Theatre; and she is a self-appointed citizen journalist with a theater blog called Front Row Center Denver. She describes herself not as a critic but rather as a passionate playgoer.

“I rejoice in spreading the word about the really inspiring theater being done all over Colorado,” Pineda said. “I am someone who appreciates a good theater evening, sees a lot of plays, can write semi-intelligently about them, and wants everyone to know what to expect when they see them.”

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