Colorado Sen. Michael Bennet is trying to make good on a promise made and broken by a Trump-era Environmental Protection Agency administrator to compensate the business owners who were financially harmed by the 2015 Gold King Mine spill.
The senator introduced Wednesday a bill that would settle an estimated $3.3 million in claims of injury, lost business and expenses from agricultural or livestock producers, rafting companies, river guides, homeowners and other impacted people and businesses.
If passed, the comparatively small appropriation contained within the Gold King Mine Spill Compensation Act could make whole the 98 claimants who were denied full or partial redress in a seemingly final decision by the EPA last summer.
“We owe it to the businesses, farmers, and homeowners affected by the Gold King Mine Spill disaster to compensate them for costs and damages they incurred at the time,” Bennet said in a written statement. “I am hopeful this bill will allow us to finally put this issue to rest, and give communities what they deserve.”
On Aug. 5, 2015, EPA contractors breached a holding plug at the Gold King Mine north of Silverton, releasing 3 million gallons of mustard-yellow mine drainage into Cement Creek. The heavy metal-laden effluent flowed into the Animas River, and on into the San Juan River, contaminating the waterways – at least in the mind of the public.
Although the actual environmental ramifications were minimal, businesses that relied on the Animas suffered far beyond the nine days that the river was closed for recreation. Business owners were told by the administration of former President Barack Obama that they were not eligible for compensation – although the EPA shouldered half the cleanup bill for its role in the spill.
Under former President Donald Trump, newly appointed EPA Administrator Scott Pruitt swooped in and told businesses the government would reconsider its position in June 2017.
A year later, Pruitt resigned and no action had been taken. In August 2023, business owners got final word that their claims had been denied.
Given the dramatic shifts over the last nine years, David Moler, who owns Durango Rivertrippers & Adventure Tours and filed one such claim, is wary but hopeful that Bennet’s bill will finally lay his claim to rest.
“What was nice about this bill (is) it was very specific, it wasn’t padded with any additional anything, and it was specific to the Gold King Mine situation,” Moler said. “So it should be the easiest bill to get passed.”
The bill is limited to fulfilling claims that were filed before the initial Aug. 5, 2017, deadline, and targets claimants who either received no compensation or those who received $2,500.
If passed, the Gold King Mine Spill Compensation Act would direct the EPA to evaluate the claims and settle them within 180 days.
“Let’s just hope Congress does the right thing,” Moler said.
rschafir@durangoherald.com
This story has been updated to reflect that there were 98 claimants in total who received either no or partial compensation who may be eligible under the Gold King Mine Spill Compensation Act.
