Colorado Water Cleanups Hobbled By ‘Good Samaritan’ Legal Risks

LEADVILLE — It’s a fall morning in the mountains just outside this Lake County town. Contractors in yellow earthmovers are cleaning up acid mine drainage in the Sugarloaf Mining District. They’re part of a unique government-nonprofit-college collaboration that has made great strides in improving water quality in the Lake Fork of the Arkansas River.

Everyone involved in this feel-good project, however, is a target of potential lawsuits under the Clean Water Act.

A Clean Water Act suit has been filed successfully only once against a voluntary mine drainage cleanup project, in 1993 in California, but it was enough to scare off so-called Good Samaritan clean-up groups across Colorado, according to Elizabeth Russell, mine restoration project manger for Trout Unlimited, one of the groups involved in the Lake Fork restoration project.

“The risk is low, but there is risk,” she said.

In the case, Committee to Save the Mokelumne River v. East Bay Municipal Utility District, the court found that a landowner who attempts to clean up pollution from an abandoned mine can be found liable if the treated water does not meet Clean Water Act standards.

Lacking the funds to build and maintain million-dollar treatment plants, most Good Samaritan remediation projects succeed in stopping the lion’s share of toxic flows but fail to prevent relatively small amounts of acid drainage into the watershed, enough to be considered “a discharge of pollutants” under the Clean Water Act.

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