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Push for good Samaritan law revived

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Monday, June 29, 2015 4:55 PM
Rep. Scott Tipton, R-Cortez, left, and Steve Fearn, a consultant with the Animas River Stakeholders Group, look over drainage from the Red and Bonita mine in 2012. Tipton and other lawmakers are in the preliminary stages of working on legislation that might allow stakeholders to work draining mines. The EPA is planning to plug the Red and Bonita mine later this year.

There’s a push for U.S. legislation that would allow for more cleanup efforts at Silverton mines.

But in order for the Animas River Stakeholders Group to start draining mines, they need good Samaritan legislation that protects them legally.

Right now, there is some concern if a well-meaning group tried to mitigate pollution, it could be required to meet Clean Water Act standards. Failure could mean a lawsuit.

“Nobody wants to touch these mines,” said Peter Butler, co-coordinator of the Animas River Stakeholders Group.

Any good Samaritan legislation could face a tough road. At least 10 pieces of federal legislation that have attempted this and failed, he said.

Locally, Butler said there is widespread support for the federal legislation. If it was approved, the stakeholder group could work on 10 or 12 small mine sites.

U.S. Rep. Scott Tipton, R- Cortez, has introduced legislation before, and he is working with U.S. Sens. Michael Bennet, D-Colo., and Cory Gardner, R-Colo., on the issue, said Josh Green, a spokesman for his office.

“Good Samaritan groups can be extremely helpful in cleaning up abandoned mines and protecting Colorado’s watersheds. We’ll continue to work with the stakeholders to gather input and craft a community-driven bill,” said Philip Clelland, a spokesman for Bennet.

The La Plata County Commissioners expressed some interest in supporting a potential bill this week, after they were approached by Buck Skillen with Trout Unlimited. He explained the previous failure of similar efforts simply.

“I, personally, think it’s an example of the perfect being the enemy of the good,” Skillen said.

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