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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Editor’s note: Welcome to the 13th installment of our 15-week series Colorado 150, marking 150 years of statehood with our favorite Colorado things.
The best part about going up the mountain — and, to be honest, that part is pretty great, too — is that you then get to go back down. Sometimes at whooshing speed.
We in Colorado have found a seemingly infinite number of ways to turn our rugged state into a limitless playground. On rock and snow and ice and dirt and asphalt and grass and water, the Rocky Mountain rollercoaster brings joy in forms both familiar and completely weird. To wit: there’s a hugely popular coffin race at a festival in Estes Park dedicated to a frozen Norwegian grandpa and it’s not even the oldest coffin race in the state — that one, the world’s first, takes place every year in Manitou Springs.
The list below offers a snapshot of some of the sporting events that make Colorado so unique, but it is by no means exhaustive. There’s also the Pike Peak International Hill Climb, where cars race up America’s Mountain while drifting perilously close to the abyss; the Deer Trail Rodeo, which bills itself as the world’s first rodeo; and the Meeker Classic sheepdog trials, the herding version of the Super Bowl.
You can watch world-class skiing at the Birds of Prey course in Beaver Creek or head to Pueblo and take in the Bell Game, the oldest high school football rivalry west of the Mississippi River, or grab a hot dog and sit in the stands at Coors Field to watch a baseball move (or not move) in a way it does at no other Major League park.
Or maybe do something no one has thought up yet. If in 150 years we came up with all this, imagine what we’ll dream up in the next 150. Let us know your favorite Colorado sporting event or activity — past, present or future tense — and we’ll add it to the list of reader submissions.
Burro racing
Pack burro racing was named Colorado’s official summer heritage sport in 2012, but dates back to 1949, when the first official race was organized between Leadville and Fairplay. Per race rules, each burro must carry a pickax, a shovel and a gold pan. Since the burros were carrying a full load, the miners had to walk, which is why there’s no riding in pack burro races.
There are about a dozen races around Colorado every summer, uniting mountain towns and attracting crowds eager to watch the unique celebration of the state’s mining boom. Anyone can race, and no prior donkey experience is required.
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Skijoring
The Wild West spectacle called skijoring challenges even the most experienced skiers as they swerve past gates, jam their arms through dangling orange rings and soar over gaps nearly 13 feet long. Oh, and all while being pulled by a horse and hitting speeds of 40 mph down a snow-covered straightaway in a mere few gallops.
Across Colorado, folks line the main streets of mountain towns to watch the mashup of rodeo and ski racing, with adrenaline-seeking cowboys and skiers flying down the straight track set up along streets once lined with saloons and gambling halls.
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GoPro Mountain Games
Born in 2002 as a local whitewater paddling contest, the GoPro Mountain Games are a cultural celebration of mountain sports and music. The four-day festival still revolves around kayaking — with the world’s top paddlers racing and flipping through the swollen Gore Creek — and includes climbing, slacklining, trail running and mountain biking. The early-June weekend is the official launch of summer for Vail, with a rare blend of spectating and participation that typically injects more than $11 million into the local economy with nearly 100,000 attendees and more than 5,000 athletes competing in all kinds of contests.
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Leadville Series
Mountain bikers from around the world vie every summer for what has become a coveted spot to claim the sport’s biggest badge, er belt buckle, of honor. The 100-mile race starts in the early-morning hours at 10,152 feet and goes 50 miles across some of the toughest terrain, only to hit Columbine Mine to turn around and do it all again.
And for those who cross the finish line in less than 12 hours, a shiny belt buckle awaits. (And the following week, a smaller group of runners takes to a similar 100-mile track to race across the sky.)
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Hardrock 100
For more than 30 years, the world’s top trail runners have rallied in Silverton for the ultimate test. The Hardrock 100 race climbs some 33,000 vertical feet across 102.5 miles with lithe runners galloping above 12,000 feet a total of 13 times on a course that includes the summit of 14er Handies Peak. The average finish time for this race is around 40 hours, but the uber-elite runners finish in 25 hours or less.
About 3,000 runners apply for the Hard Rock 100 every year and only 146 are chosen in a golden-ticket lottery that balances gender and reserves spots for aspiring runners who have never started or crossed the finish line.
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Ouray Ice Festival
Every winter an army of ice-farming volunteers and climbers carefully sculpts more than 200 ice climbs, trickling 200,000 gallons of water a night down craggy limestone into the mineral-tinted Uncompahgre River. The precipitous frozen fangs lure nearly 25,000 climbers a year who fuel a vibrant winter economy in the city that calls itself the Switzerland of America.
The ice park is just a short stroll from hot springs, hotels and coffee shops. The peak of the park’s season comes with the Ouray Ice Festival and Competition every January.
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Bolder Boulder
Colorado summer doesn’t start until the race gun goes off for the Bolder Boulder. The marquee 10K is an annual showcase of the quirky and the inspiring. The day mixes an upward of 40,000 competitors, a Memorial Day celebration inside Folsom Field, and a crowd of adoring spectators.
Tens of thousands of runners fill the streets every year, from people running in costumes or pajamas to professional athletes drawn by the race’s hefty prize purses. Along the route, some fans have cookouts. Others cheer and spray competitors with a water hose while live music blares at points along the route.
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Colfax Marathon
The 26.2-mile run is centered around the longest continuous commercial street in the country, and after more than two decades the weekend has evolved to showcase runners of all abilities. There’s a 5k, 10k, half-marathon and even relay teams. So, you don’t have to be one of those 26-milers to join the masses.
The marathon also tours some of Denver’s most iconic spots: starting and finishing in City Park, but in between hitting the Broncos stadium, a fire station and plenty of views along the creeks and rivers as it heads toward the foothills before turnaround.
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Olympic Center
Located in downtown Colorado Springs, the Olympic & Paralympic Training Center draws more than 130,000 visitors a year to see where some of the world’s best athletes prepare for the Games. Sports fans can tour the campus, which includes among other facilities an aquatic center, gymnasiums, velodrome and shooting center.
And a few miles away, the U.S. Olympic & Paralympic Museum features a dozen galleries. There’s plenty to see and do as visitors can learn at exhibits on athlete training, the science and technology in athlete performance, the history of the Summer and Winter Games, and the USOPC Hall of Fame.
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Iron Horse Bicycle Classic
A brotherly bet birthed the Iron Horse Bicycle Classic in 1971 when Tom Mayer pedaled his Schwinn from Durango to Silverton faster than his brakeman brother in a coal-fired train. More than a half-century later, the Memorial Day weekend bike party draws thousands of pedalers in a celebration that pumps nearly $5 million into the Four Corners economy and anchors one of the most vibrant bike cultures in the West.
In an era where the graveyard of road bike races is stacked dozens deep, the Iron Horse has endured thanks largely to the unwavering embrace of the Durango community. It’s safe to say the Iron Horse’s vibrancy helped land the first-ever world championship of mountain biking, which returns in 2030.
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Aspen Dance Connection’s show, “Emergence,” will feature seven different dances from five well-established Colorado choreographers at 7:30 p.m. July 17 at TACAW.
“There’s so much talent in Colorado; they’re exceptional,” ADC director Fran Page said.
The choreographers — Carbondale resident Alexandra Jerkunica, Amy Anderson of Engage Movement Arts in Denver, Maureen Breeze of Maureen Breeze Dance Theater in Denver and Grand Junction-based Rebecca Fleishman and Liz Vrettos — have generated works for the 18 professional freelance dancers who will perform at TACAW. The artists also dance professionally with Colorado Ballet, Ballet Ariel and Wonderbound in Denver, as well as with choreographers in New York City.
It’s the only time this specific configuration comes together to perform “Emergence,” though Page does take dancers to show up at flash mobs at the Wednesday music at River Park in Basalt — the next one takes place Aug. 12 at 7 p.m.
The dancers will also give free sneak peaks, presenting excerpts from “Emergence,” at the Parachute, New Castle and Glenwood Springs libraries on July 15. From 10-11 a.m. July 16, they perform at the Carbondale library, where Breeze also leads children in combining gestures, rhythms and storytelling.
ADC started in 1978, when eight local choreographers launched it to highlight their original works. Page has been the director since 1986. ADC presented 34 years of Colorado Choreographer Showcases at the Wheeler Opera House before moving to TACAW. The organization also is known for its outreach programs at schools, libraries and outdoor events from Aspen to Parachute, extending to more than 6,450 people.
Friday’s show begins with Vrettos’ uplifting “Emanate.”
“It’s a very, light, spiritual, fluid dance that ends up being more energetic,” Page said.
Then, Gregory Gonzales and Sharon Wehner, the latter of whom was a prima ballerina at Colorado Ballet for 22 years, perform a duet called “Shoes.” It depicts a conflict around a kitchen table, choreographed by Anderson.
“This one really touches you emotionally but leaves on an upbeat (note),” Page said, adding that the ballet technique within the modern dance is very strong. “Gregory Gonzalez, who’s Amy’s husband, also has been a big part of a Colorado Ballet on a lot of different levels as a dancer and a choreographer. Now he’s a visiting dancer, and I think he’s in the best shape ever.”
One of the longest pieces, “Shifting Grounds,” by Breeze, portrays modern society’s divisive world as five dancers move around a long table.
“There’s this parallel of drama on the earth, as well as in our culture with people,” Page said, adding that it also has a light sense of humor.
Breeze’s other piece, “Remnants of You,” reflects on a past relationship and includes a playful duet with a large metal door serving as a unique trapeze. It features lifts and intricate partnering.
The name of ADC’s show, “Emergence,” partially took inspiration from Fleishman’s dance about a dragonfly shedding its skin, portraying the kind of strength that’s needed to emerge into one’s best self. She created the piece after her mother’s death.
“It symbolizes being strong enough to go on with life and making the transformations,” Page said.
Jerkunica’s piece follows, since shapes within the opening and closing reminded Page of a dragonfly.
“To me, it’s like another section — it’s very balletic. She calls it ‘Elevation,’ meaning just flying high,” Page said. “It’s really beautiful … (with) very strong technique, and those shapes, yet there’s a softness at times, too.”
The evening concludes with seven dancers performing Anderson’s “Panama Station,” about people waiting for a bus. It begins with a male drifter and incorporates three tourists, a honeymoon couple and an expatriate.
“(It includes) all the funny stuff you can do with falling off the bench, and the music is upbeat,” Page said. “Amy and her husband (Gonzales) have done a lot of tango, so those rhythms are in there, but again, lots of humor.”
The Front Range Passenger Rail District is rallying support from the cities where the future rail line will operate. Denver City Council got on board with a proclamation made Monday at its regular meeting. Denver is the latest of nearly a dozen municipalities to publicly express its support for the railway.
Councilman Darrell Watson sponsored the proclamation that received unanimous support.
“Right now, we’re dealing with forest fires throughout the state,” Watson said. “That air that’s coming in, having a cleaner approach to transit is important, and the Front Range Rail provides that.”
The proclamation also supports the creation of two additional “special events” stops that are south of Union Station and therefore would need voter approval.
“One is on South Broadway and I-25 for the new Denver Summit stadium, as well as Burnham Yard for the new Denver Broncos stadium,” explained Sal Pace, the Front Range Passenger Rail District’s general manager.
For Pace, the support is another step in the right direction for future expansion.
“We’re asking the local municipalities to agree with the station locations and the placement of stations across the district,” Pace said. “That way if we refer a ballot question, that it’s done in alignment with the local municipalities, such as here in Denver.”
But city support also brings monetary gains.
“Because of its population, Denver will be receiving $225 million in local return Pace explained. “And for passing this proclamation, they’ve just qualified themselves for an additional $22.5 million in local return dollars,” he said. “That money will be coming from any future tax revenue that a district is collecting.”
“This is a unique opportunity, not just for Denver, but for anyone that loves rail and anyone that lives in the Front Range,” Watson added.
The first phase of the railway that the Colorado Connector (CoCo) will make trips on goes from Denver up to Boulder, on to Fort Collins. That phase is already funded and is expected to begin service in 2029. The Rail’s board will have a meeting in August on a possible ballot measure for this November. Voters from Fort Collins down to Trinidad would vote on the tax measure to support future expansion if placed on the ballot.
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