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Our view: The promise of government

A form of the adage, “Good things come to those who wait,” hit home on Thursday (Herald, Feb. 13) when Sens. Michael Bennet and John Hickenlooper, and Rep. Jeff Hurd, introduced a bipartisan bill to compensate communities affected by the 2015 Gold King Mine spill.

The bill, a response to the Environmental Protection Agency-initiated Gold King Mine spill north of Silverton, that sent 3 million gallons of heavy metal laden water down the Animas River, is good news and a step closer to compensation for residents and businesses in Southwest Colorado, New Mexico, Utah and Arizona, who were also affected.

The image that made its way around the world of an orange-hued Animas River will not be forgotten, especially by those it impacted most – farmers, ranchers, and outdoor recreation companies. The latter, notably local rafting companies dependent upon the river for their livelihoods, expressed relief at the bill again being reintroduced this week.

“ … to see the promise of our government concerning the Gold King Mine incident and its ensuing economic damage was not forgotten, is refreshing,” said Alex Mickel, president of the Durango-based Mild to Wild Rafting and Jeep Tours, in a Thursday press release from Bennet’s office.

Bennet and Hickenlooper led the effort in the Senate last year but the clock ran out on securing enough supporters before Congress recessed. This year’s bill is the same as last year’s with one addition that caps the claim settlements at $3.3 million.

The initial 73 claims – from individuals and agriculturalists fearful of drinking and watering crops, respectively, with acidic, heavy metal laden water, and rafting companies’ loss of wages claims – totaled $1.2 billion. The veracity of those claims was never reviewed, let alone paid, because in 2017, the agency denied payment because of existing laws that hamstrung the agency from doing so.

The Herald’s editorial board is encouraged by this bipartisan effort for several reasons, the first of which – this is exactly how the government is supposed to work, elected officials working across party lines to represent citizens and local governments and respond to local needs. Not as slowly for sure, but especially because it was a government (contractor) created disaster.

Secondarily, and equally important, is that with enough creativity, perseverance and grit, there is (almost) always a way to get to “yes.” It is often staff members behind the scenes who possess this creativity and find a way forward. In this case, new legislation is required to afford the EPA the necessary authority and funding to make good on some outstanding claims from the spill.

The Gold King Mine Spill Compensation Act will make the 98 claimants, who received $0-$2,500 in 2023, eligible for funds not to exceed the original amount of their claim.

This time, what certain laws disallow another will allow, we hope, as it makes its way through the sausage-making of this year’s budget negotiations and gains enough supporters from both sides of the aisle. Returning taxpayer dollars to taxpayers because of a government-caused problem is the right thing to do.

We’d like to thank Bennet and Hickenlooper, and particularly Hurd, for joining in this important effort, something his predecessor failed to do. The Gold King Mine Spill Compensation Act is common sense legislation, and we thank our representatives for continuing to address this important community priority, together.