New Mexico Sues Colorado in U.S. Supreme Court

Category: Non-Local News Releases Non-Local News Releases
Published: 23 June 2016 23 June 2016

Santa Fe - Today, New Mexico Attorney General Hector Balderas and Governor Susana Martinez announced New Mexico filed a lawsuit in the United States Supreme Court with the State of New Mexico Environment Department to hold the State of Colorado responsible for the downstream contamination of the Animas and San Juan watersheds in New Mexico that was caused by continuing acid mine drainage and the 2015 Gold King Mine massive waste spill. In addition to Colorado's direct role in the Gold King Mine release, Colorado is directly responsible for the hazardous conditions that preceded the catastrophe. New Mexico filed the lawsuit after discussions and negotiations with Colorado failed.

"The Gold King Mine release is the result of two decades of disastrous environmental decision-making by Colorado, for which New Mexico and its citizens are now paying the price," said Attorney General Hector Balderas. "New Mexicans rely on the Animas and San Juan Rivers for drinking water, ranching, farming, tourism and much more, so our communities must be compensated and protected from future health and safety risks."

New Mexico Environment Department Secretary Ryan Flynn said, "Colorado was fully aware of the enormous risks to downstream communities associated with their failed strategy of plugging drainage tunnels. They, essentially, authorized the transformation of Colorado mines into an enormous wastewater storage facility, ready to burst. We're fighting for New Mexicans to hold Colorado accountable for their short-sighted and reckless actions."

Years ago, the State of Colorado authorized the risky strategy of plugging mining tunnels with bulkheads to attempt to control acid mine wastewater drainage. Following the August 5, 2015 Gold King Mine blowout, Colorado downplayed the effects of the three million gallon toxic spill into the Animas and San Juan rivers flowing southwest through New Mexico and Utah.

Obama Administration agencies pointed toward the State of Colorado when examining the causes of the Gold King Mine Spill. Although the Environmental Protection Agency officials initially claimed responsibility for the Gold King Mine blowout, they zero in on Colorado's Division of Reclamation and Mine Safety (DRMS) at critical decision points in their Addendum to EPA's Internal Review of the Gold King Mine Incident. Describing the excavation that caused the blowout, EPA states, "Excavation was...a decision to be made by the EPA OSC with advice from qualified and experienced personnel including DRMS staff," and "...with consultation from DRMS as well as contractor support, the team began additional excavation...."

Similarly, the Department of the Interior's Technical Evaluation of the Gold King Mine Incident describes the error that led to the Gold King Mine failure, "...EPA, in consultation with the Colorado Division of Reclamation, Mining and Safety (DRMS), concluded the adit was partially full of water....It was incorrectly concluded that the water level inside the mine was...a few feet below the top of the adit roof. This error...led directly to the failure."

Officials from Colorado's Department of Public Health and Environment opposed New Mexico's in-state initiatives for testing of domestic wells for Gold King Mine Spill-related contamination, refusing to follow suit. Now, Colorado Health officials urge Coloradans to get their wells tested.

The communities, environment, and economy of northwestern New Mexico have been and continue to be at serious risk from upstream pollution generated in Colorado which Colorado has authorized and allowed for years'to the detriment of New Mexico's people, natural resources and prosperity.

The Bill of Complaint was filed Monday, June 20, 2016.

Content on the Beat

WARNING: All articles and photos with a byline or photo credit are copyrighted to the author or photographer. You may not use any information found within the articles without asking permission AND giving attribution to the source. Photos can be requested and may incur a nominal fee for use personally or commercially.

Disclaimer: If you find errors in articles not written by the Beat team but sent to us from other content providers, please contact the writer, not the Beat. For example, obituaries are always provided by the funeral home or a family member. We can fix errors, but please give details on where the error is so we can find it. News releases from government and non-profit entities are posted generally without change, except for legal notices, which incur a small charge.

NOTE: If an article does not have a byline, it was written by someone not affiliated with the Beat and then sent to the Beat for posting.

Images: We have received complaints about large images blocking parts of other articles. If you encounter this problem, click on the title of the article you want to read and it will take you to that article's page, which shows only that article without any intruders. 

New Columnists: The Beat continues to bring you new columnists. And check out the old faithfuls who continue to provide content.

Newsletter: If you opt in to the Join GCB Three Times Weekly Updates option above this to the right, you will be subscribed to email notifications with links to recently posted articles.

Submitting to the Beat

Those new to providing news releases to the Beat are asked to please check out submission guidelines at https://www.grantcountybeat.com/about/submissions. They are for your information to make life easier on the readers, as well as for the editor.

Advertising: Don't forget to tell advertisers that you saw their ads on the Beat.

Classifieds: We have changed Classifieds to a simpler option. Check periodically to see if any new ones have popped up. Send your information to editor@grantcountybeat.com and we will post it as soon as we can. Instructions and prices are on the page.

Editor's Notes

It has come to this editor's attention that people are sending information to the Grant County Beat Facebook page. Please be aware that the editor does not regularly monitor the page. If you have items you want to send to the editor, please send them to editor@grantcountybeat.com. Thanks!

Here for YOU: Consider the Beat your DAILY newspaper for up-to-date information about Grant County. It's at your fingertips! One Click to Local News. Thanks for your support for and your readership of Grant County's online news source—www.grantcountybeat.com

Feel free to notify editor@grantcountybeat.com if you notice any technical problems on the site. Your convenience is my desire for the Beat.  The Beat totally appreciates its readers and subscribers!  

Compliance: Because you are an esteemed member of The Grant County Beat readership, be assured that we at the Beat continue to do everything we can to be in full compliance with GDPR and pertinent US law, so that the information you have chosen to give to us cannot be compromised.