DENVER – The recent Gold King Mine wastewater spill could breathe new life into a conversation about state control over federal lands.
A meeting of the Water Resources Review Committee on Tuesday offered a glimpse into the issue, as state lawmakers had their first opportunity since the Aug. 5 spill to ask questions as an official panel.
An Environmental Protection Agency-contracted team was performing reclamation work on the Gold King Mine near Silverton when an error during excavation caused an estimated 3 million gallons of orange sludge to pour into the Animas River. The water initially tested for spikes in heavy metals.
Even though the state is not responsible for the spill, mining and water officials have had to deal with the aftermath. Republicans sitting on the committee quickly asked the officials to highlight the EPA’s slow response and poor communication in the immediate moments after the spill.
Sen. Ellen Roberts, R-Durango, pointed to the jurisdictional issue, as the vast majority of thousands of inactive mines are on federal land.
“Are you a passive, captive audience, or if you see something occurring on the ground that just doesn’t add up technically, scientifically, engineering-wise, do you have any capability to say stop, or question what the EPA is doing and say this doesn’t seem like the best approach?” Roberts asked.
Patrick Pfaltzgraff, director of the Water Quality Control Division, said he was unsatisfied with the EPA’s immediate response but added that federal officials appear eager to work with the state on a better notification system. He said that regulatory issues are at play.
“We all agree that just ignoring it is not something that’s acceptable,” Pfaltzgraff said. “So, finding the most appropriate regulatory means is where we hope to be throughout this effort.”
During the last legislative session, Republicans led a charge to provide the state some jurisdiction over federal public lands, mostly raising concerns with responding to wildfires.
Another measure would have studied transferring federal lands to the state’s authority. Both bills died.
Critics of the proposals said such a move would lead to closing federal lands, as there would be a mismanagement of resources. They alleged a conservative agenda to target the federal government.
Roberts believes the recent Gold King disaster could lead to similar legislation. But she said politics would likely cloud the effort again.
“It’s the same thing. It’s the same issue,” Roberts said. “The federal government has primary responsibility and authority, and yet it’s state and local government that is struggling with the impacts.”
pmarcus@durangoherald.com
