October Currents

The latest issue of “Currents” is out now! Currents is our monthly newsletter that goes out to all our subscribers and members. Topic headlines include:

• Let's go fishing before the ice comes!

• "Something Fishy & Building Fish" - River Radius Podcast

• Learning By Doing Project Updates

• Annual TU Teen Essay Contest - Grand Prize is a Temple Fork Outfitters BVK fly rod with a Prism reel

• Fixing what ails our western forests and communities

• Q&A with Colorado’s U.S. Senate Candidates

• Tying the Autumn Splendor

• Fall 2020 High Country Angler

• Featured Business Partner: Williams

• The Five Rivers TU Chapter is raffling off a fly fishing gear package, and more!

A Landmark Win for our Great Outdoors

Today, the President signed into law the Great American Outdoors Act (GAOA), which previously passed both the House and Senate with strong bipartisan support. The most significant national conservation legislation passed in a generation, the GAOA permanently secures funding for public lands and outdoor recreation under the Land and Water Conservation Fund (LWCF) as well as providing much needed funding to address the maintenance backlog on our National Parks and other public lands.

For more than 50 years, LWCF has set aside and protected special places in Colorado and nationwide. With LWCF funds invested statewide, from iconic landscapes like the Great Sand Dunes, to boat launches on the Colorado River, to community parks and trails in our own backyards – there’s a good chance you’ve enjoyed lands or facilities that LWCF helped provide.

LWCF doesn’t rely on your tax dollars, but rather is funded by an earmarked portion of royalties paid on offshore oil and gas development. Unfortunately, that dedicated stream of revenue has been regularly raided for other purposes in the annual politics of the appropriations process. More than $22 billion has been diverted from LWCF over its history – but it won’t happen again. With the GAOA now the law of the land, the funds committed to LWCF are permanently dedicated. And that is great news for our public lands and the multi-billion outdoor recreation economy they help sustain.

The other key portion of the GAOA originated as the Restore Our Parks Act and will provide $9.5 billion in dedicated funding toward our public lands deferred maintenance backlog. TU played a key role in ensuring that this maintenance funding included public lands beyond just the National Park facilities – funding partnership projects like replacing undersized culverts that are blocking trout and salmon migrations, and fixing roads that are bleeding sediment into streams.

Corinne Doctor, David Nickum, and Barb Sheedlo traveled last fall to Washington, DC to advocate for LWCF with our legislators.

Passage of the GAOA is a victory that has been many years in the making, the result of hard work from countless TUers and conservation allies. From volunteer advocates who reached out to their elected officials and wrote letters to their local papers – to staff and interns who helped us research LWCF projects in Colorado and prepare publications telling the program’s story – to grassroots leaders who flew in to Washington, DC to make the case for LWCF in person.

In Colorado, we’re blessed to have elected officials who have shown their deep commitment to our public lands as well. In particular we’d like to extend our gratitude to: Senator Gardner, lead Senate sponsor of GAOA whose tireless efforts were essential in creating the bipartisan support needed to move this legislation; Senator Bennet, a GAOA co-sponsor who has been among the strongest advocates for LWCF and public land conservation throughout his years in the Senate; and Representatives DeGette and Neguse, whose work on behalf of LWCF as Colorado’s members on the Natural Resources Committee helped secure the support needed for GAOA’s passage within the House of Representatives.

Today is a great day for all of us who value our public lands. In the midst of some very challenging times, it is especially rewarding to have something to celebrate – so please join us in toasting a great conservation victory and all of those who have made it possible!

June Currents

The U.S. Senate is expected to vote next week on the Great American Outdoors Act, providing full dedicated funding to the Land and Water Conservation Fund and providing $9.5 billion over five years to help address deferred maintenance needs on public lands. CTU thanks Senators Bennet and Gardner for their support of this important legislation. We also thank our many members who have reached out to their elected officials in support of public lands; your voices have helped build the political momentum that is propelling this legislation.  If you haven’t yet done so, consider taking a moment to thank our Senators for their efforts on this bill by clicking here. 

Additional stories include:

• CTU Introduces Virtual Happy Hours

• Now Hiring: CTU Youth Coordinator Full-Time

• Keeping it Close to Home: Pike, Bass and Panfish on the fly

• Colorado Water Plan Listening Sessions

• Featured Fly: Matt Callies’ Hare’s Ear Nymph

• Spring 2020 High Country Angler

• Featured Business Partner: Anglers All and more!

May Currents: Public Lands Photo Contest & TU Teens Live

Celebrate Locally

Public Lands Day May 16, 2020

As Coloradans we are blessed with a tremendous wealth of Public Lands – more than 23 million acres worth, or more than the entirety of 13 other U.S. States.  From State and National Parks to BLM lands, wildlife refuges to National Forests, our public lands provide a place for us to recreate, a driver for local economies around the state, and a means for Coloradans to connect with nature and recharge our minds, bodies, and spirits. In these challenging times, the importance of these treasured lands is as apparent as ever as thousands of us flock to our public lands to enjoy Colorado’s great outdoors in beautiful settings where we can maintain safe social distancing.

To highlight the importance of our public lands, Colorado celebrates Public Lands Day each year on the 3rd Saturday of May. With Public Lands Day 2020 just around the corner, here are a few ways you can celebrate:

• Opt outside and visit public lands near your community. Under Colorado’s safer-at-home guidelines, outdoor recreation like fishing and hiking on public lands close to your community offers a great way to celebrate. Don’t forget to share your photos on social media! #COPublicLandsDay

• Ask Congress to support our Public Lands.  Senators Bennet and Gardner both are sponsoring the Great American Outdoors Act, which would permanently fund the highly successful Land and Water Conservation Fund to invest in outdoor recreation and public lands as well as providing funds to address much-needed maintenance projects for public land facilities. Click here to ask your legislator to support the Great American Outdoors Act!

• Take part in online seminars and sessions celebrating public lands this week.  From a panel on the history of public lands (tonight) to a workshop on how to participate in volunteer monitoring of recreation impacts on public lands, there are a variety of virtual events in which you can participate.  Check out the calendar.

• Add something on public lands into your streaming.  For example, Amazon Prime currently offers Ken Burns’ outstanding documentary series The National Parks – America’s Best Idea. For kids K-12 a beautifully illustrated book, National Parks of the USA, by Kate Siber, can be found here.

• Share your favorite fishing or outdoor photo taken on Colorado's public lands and tag us, @colorado_trout_unlimited and use #COPublicLandsDay on Instagram for a chance to win a 4 piece Hardy fly rod by May 26, 2020. See details below.

However you may celebrate, all of us at Colorado TU wish you and yours a safe and enjoyable Colorado Public Lands Day!

The CURRENT Podcast | Episode 5 featuring CTU's Trout in the Classroom

The CURRENT is a low-key, light-hearted fly fishing podcast hosted by Will Rice. With some recently found free time, Will will be thumbing through his Rolodex of accomplished anglers and friends in the fly fishing industry to talk about what's going on in their neck of the woods.

After visiting with friends from a variety of fisheries across the US, host Will Rice welcomes Bianca McGrath-Martinez from CTU, Bill Gilmore and Guy Grace from Littleton Public Schools to talk about the Trout in the Classroom program.

This environmental education program allows for elementary, middle, and high school students to raise rainbow trout eggs to fry as a vehicle to understand ecosystems. At the end of the program, the students typically release the fry into a local fishery with help from CPW. Will explores the fate of these trout with the recent shutdown of schools.

For more on the CTU Trout In The Classroom Program: CLICK HERE

You can find the podcast on Apple Music, Spotify & Stitcher. If you enjoy what Will is putting together with The CURRENT podcast, we ask that you please rate it and leave it a review on Apple Podcasts & Spotify! Thanks for listening!

Fishing – and Keeping It Local – Through the Pandemic

These are difficult times. COVID-19 has millions under stay-at-home orders, isolating themselves, practicing social distancing and limiting their personal contact with others. In communities across the US and around the world, we’re all experiencing it.

Fortunately, the Colorado stay-at-home order recognizes that one of our allowed “necessary activities” is outdoor recreation, specifically allowing “outdoor activity, such as, by way of example and without limitation, walking, hiking, nordic skiing, snowshoeing, biking or running.”

Time spent on the water is allowed under the state order and can be a much-needed way of healing our spirits. Our friends at Angling Trade have a great overview on their blog on fishing during the pandemic– but the essentials really come down to common sense. Fish near where you live, on your “home waters” rather than trying to travel longer distances where you could pick up or spread the virus in another community. Always practice social distancing while going to the water and when fishing.  Don’t put yourself or others at risk – we will have plenty of chances to fish in groups and at more distant destinations down the road.

While face-to-face gatherings with angling friends – including our TU chapter and council meetings – are on hold for the indefinite future, there are also plenty of “virtual” opportunities to engage with TU and the broader angling community as well – and we’ve included links to several of these in the next issue of Currents. It may not be on the water, but still is an important way to connect with others who share our passion for rivers, trout, and conservation.

All of our Colorado fishing experiences are immeasurably enriched by our fly shop and outfitter partners. The pandemic hasn’t changed how important they are as key parts of our community economies, as reliable sources of information, and as allies and supporters of coldwater conservation. That makes it more important than ever that we also show them our appreciation by continuing to do business with them through these challenging times.  

While traditional brick-and-mortar storefronts may be closed, you can still order your gear, flies, and tying materials from your local fly shop online. Or think ahead and book a guide trip for later in the year. Or purchase a gift card for yourself or as a gift for others. Every purchase you make will help the local businesses we rely on for leadership and reliable information on our Colorado waterways so that they weather this crisis and be there to continuing serving us on the other side of the pandemic.

Check out the map of local fishing businesses across the state who have supported Colorado TU’s mission, including links to their online storefronts!

Check out the new Spring 2020 issue of High Country Angler e-zine

Download the PDF.

Featuring an article on fishing Trappers Lake, a report on an important legislative victory for instream flows, Spring fishing tips with Landon Mayer, photos and the story from the annual Frostbite Fish-off in Pueblo, and the regular columns:

• TWISTED DAMSEL by Joel Evans

• POOLS AND RAPIDS: A FISH STORY by Hayden Mellsop

• 4 KEYS TO BECOMING A DEADLY FLATS FLY FISHER by Peter Stitcher

• THE LAST CAST by Dr. John Nickum.

High Country Angler is published 4 times a year by High Country Publications, LLC., in cooperation with Colorado Trout Unlimited. HCA is there to keep you up-to-date with all the latest news and advice from some of the high country’s most skilled and knowledgeable fly fishers. The articles are written by anglers, for anglers, about high country fishing!

TU's response to COVID-19

Practicing "social distancing" on the Potomac.
All photos by Chris Wood.

A note from Chris Wood, President and Chief Executive Officer of Trout Unlimited:

We are all adapting to the new realities of the COVID-19 virus. Because of our concern for the health and well-being of our employees, we are closing all of TU’s offices and have requested all TU staff to work from home. We have also canceled all travel.

We are in a very fluid situation, and new information is rapidly emerging. Yesterday, the White House urged that we all avoid social gatherings in groups of 10 or more people.

Here is what the guidance from the Centers for Disease Control says: 

“Older adults and people who have severe underlying chronic medical conditions like heart or lung disease or diabetes seem to be at a higher risk for developing more serious complications from COVID-19 illness. People who are at higher risk are encouraged to avoid crowds as much as possible.”

For that reason, all in-person and indoor Trout Unlimited events and gatherings, including chapter meetings, are cancelled for the next 30 days. We will assess where we stand in 30 days and have further guidance at that point. Small group outings may proceed with all of the proper precautions taken about social distancing.

COVID-19 has everyone on edge. Please be safe and be careful, but also enjoy the time with family and friends, and the people you love. Know that we will get through this together, and we will continue the good work of protecting and restoring the places we live, love, and fish.

Please help us spread the word by sharing these messages from our blog and YouTube channel with your members and partners.

Rocky Mountain PBS Announces “Water Week”

Rocky Mountain PBS Announces “Water Week” – A Collaboration of Communities Throughout Colorado to Elevate Conversations on Water

Rocky Mountain PBS (RPBS) will bring Colorado-based organizations and communities together for “Water Week”, an effort to provide resources and information to a broad statewide audience by convening conversations to share the diverse perspectives of Coloradans with respect to water.

“Water Week” features unique, historical and informational programming on RMPBS, along with digital resources, and events in communities across Colorado designed to connect experts, environmentalists and businesses to any of us who see water as an essential part of Colorado’s past and future.

“I think we’re going to see a much longer period of aridity and therefore, incredibly creative thinking that’s going to have to come about,” said Andy Mueller, General Manager for the Colorado River Water Conservation District. “It doesn’t spell the end of civilization in the southwestern United States. What it means though is our civilization’s going to have to transform.”

“One year ago, RMPBS organized a statewide listening tour and engaged local advisory committees to better understand which topics are most important to their communities,” states Amanda Mountain, President & CEO for Rocky Mountain Public Media. “Water repeatedly surfaced as both an historic and contemporary issue, which led us to invest in programming and partnerships to continue these conversations around this critical topic.”

Colorado’s statewide water plan prescribes that conversations about water play a role in shaping our shared future in the state and in the broader West. We asked over 40 water experts to provide feedback to RMPBS about how public media can engage those who are not otherwise actively involved in the topic, as well as how best to expand the number of perspectives represented in critical conversations.

“Water Week” includes RMPBS hosted events across Colorado that are free to local communities:

Come enjoy whiskey and beer tastings, and experience the *NEW* one-hour special, Colorado Experience: Western Water and Power.  

Feb 25, 6pm 
Colorado Springs: ALMAGRE Venue + Bar 
Whiskey Tasting, Colorado Experience: Western Water and Power *full screening*, water information tables. 
Partners: Business for Water Stewardship, ALMAGRE Venue + Bar, Sterling Ranch, Ax and the Oak.
Event details and RSVP  

Feb 25, 6pm 
Gunnison: Western State CO University, University Center Theatre 
Colorado Experience: Western Water and Power reception, *full screening* and Q&A. 
CO Office of Film (host) 
Partners: Business for Water Stewardship; the Colorado Office of Film, Television & Media. 
Event details 

Feb 26, 6:30pm 
Pueblo: Walter's Brewery & Taproom 
Beer Tasting / SIZZLE Reel & Colorado Experience: Western Water and Power *promo*, information tables.
Partners: Business for Water Stewardship, Walter's Beer.
Event details and RSVP 

Feb 26, 5:30pm 
Grand Junction: Eureka! McConnell Science Museum (on CMU Campus) 
Whiskey & beer tasting, SIZZLE Reel & Colorado Experience: Western Water and Power *promo*, exhibiting community partners.
Partners: Business for Water Stewardship, Eureka! McConnel Science Museum, Colorado River Water Conservation District, Ute Water, Audubon Rockies. 
Event details and RSVP 

 Feb 26, 6pm 
Durango: Fort Lewis College Ballroom 
Colorado Experience: Western Water and Power *full screening*, reception with beer, panel discussion.
Partners: Four Corners Water Center, Business for Water Stewardship, Dolores Water Conservancy District; Southwestern Water Conservation District, City of Durango Utilities, US Bureau of Reclamation, Mountain Studies Institute, Water Information Program, H2org. 
Event details and RSVP 

Feb 26, 5:30pm 
Montrose: Ute Indian Museum  
Colorado Experience: Western Water and Power *full screening* and Q&A. 
Partners: Business for Water Stewardship; the Colorado Office of Film, Television & Media.
Event details 

Feb 27, 6pm 
Denver: Sterling Ranch Community Center in Littleton 
Beer tasting, Colorado Experience: Western Water and Power *full screening*, exhibiting community partners. 
Partners: Business for Water Stewardship, Sterling Ranch Colorado, Audubon Rockies, Grist Brewery, For the Love of Colorado.
Event details and RSVP

Feb 28, 5pm 
Durango: Powerhouse Science Center 
Whiskey & beer tasting, exhibiting community partners (no Colorado Experience screening).
Partners: Business for Water Stewardship, Five Rivers Trout Unlimited, Beer2Clear, Steamworks Brewing Company, Carver Brewing Company, Honey House Distillery, Conservation Colorado, H2org.
Event details and RSVP 

All “Water Week” event details for local communities can be found at www.rmpbs.org/events/waterweek/

“Water Week” programming on RMPBS begins on February 27th at 7pm with a new episode of Colorado Experience entitled “Western Water & Power”. This program visits the history of Western settlers who dreamed of deserts in bloom, where they chased the mirage of more water than the arid lands could provide. “Whiskey is for drinking and water is for fighting,” describes the urgent struggle every generation of Coloradans faces to control this fleeting but precious resource -- creating hydrodynamic history through structures that can propel water to run uphill toward money and power.

Immediately following at 8pm, Colorado Experience: “Living West – Water” will explore what happened to the Ancestral Pueblo people of Mesa Verde and Goodman Point. After settling in southwest Colorado for over 700 years, the ancestral Pueblo people suddenly left their cliff dwellings and spring-side kivas, leaving behind a variety of archaeological treasures. In this episode, historians and archaeologists discuss the possibility that this drastic move was caused by a devasting drought in the southwest region. Discover the similarities in historic conditions – and what the disappearance of water might mean for the state of Colorado today.

Continuing at 8:30 pm, Confluence tells the story of The Colorado River, which runs through the Western Slope, shaping both the landscape of the American Southwest and the people living near its waters. Confluence follows an up-and-coming indie folk band as they traverse this endangered river system, documenting its places and people through original music.

“Water Week” concludes its programming with “Arkansas River: From Leadville to Lamar” airing at 9:30pm. This program explores the economic and social importance of the river basin including its recreational, municipal, and agricultural value. By the year 2050, the population of Colorado is expected to double, but future growth and economic development hinges on a dependable water supply. In response, the state has developed a plan that will meet the needs of all water users. On RMPBS, come discover why the Arkansas River basin is an important part of that new water plan.

RMPBS wishes to thank all of the local community and statewide partners in supporting our mission of strengthening our civic fabric and convening important conversations that impact our state. Locally RMPBS has received support from the Bureau of Reclamation, Mountain Studies Institute, City of Durango Utilities, Southwest Water Conservation District, Dolores Water Conservancy District, Water Information Program, Powerhouse Science Center, Carver Brewing Company, Steamworks Brewing Company, Five Rivers Trout Unlimited, Beer2Clear, Honeyville’s Honey House Distillery, and the Four Corners Water Center at Fort Lewis College.

On Thursday February 27th RMPBS will also be hosting Carver’s Green Drinks from 5:00-6:45PM to talk about the events of Water Week.

For more information regarding “Water Week,” to RSVP to events, access resources, and learn how to get involved, visit the Rocky Mountain Public Media website at: rmpbs.org/events/waterweek/. The page includes a curated list of resources, and all Coloradans are invited to participate in a statewide survey on attitudes and knowledge are related to water.

Broadcast Schedule:

7pm - *NEW* Colorado Experience: Western Water---And Power
Ever since Western settlers dreamed of deserts in bloom, men have chased the mirage of more water than these arid lands can provide. 

8pm - Colorado Experience: Living West - Water
What happened to the Puebloans of Mesa Verde and Crow Canyon? Historians discuss the possibility that this move might have been due to a drought in the Southwest region.

8:30pm - Confluence
The Colorado River shapes both the landscape of the American Southwest and the people living near its waters.

9:30pm - Arkansas River: From Leadville to Lamar
Arkansas River from Leadville to Lamar explores the economic and social importance of the river basin including its recreational, municipal, and agricultural value.

About Rocky Mountain Public Media

Rocky Mountain Public Media is Colorado’s largest statewide, member-supported, multimedia organization and the parent company of Rocky Mountain PBS, KUVO Jazz and THE DROP. Rocky Mountain Public Media has more than 90,000 members representing every county in Colorado and reaches 98% of the state’s citizens through television, radio and digital platforms. A non-commercial media organization by and for the people of Colorado, we create high quality local and multimedia content through Regional Innovation Centers in Denver, Colorado Springs, Durango, Grand Junction and Pueblo. Our enriching journalism, educational and cultural programming connects and engages citizens for lifelong impact. RMPBS, started in Denver in 1956 as Colorado's first public television station, is now a statewide television network, with stations in Denver (KRMA), Pueblo/Colorado Springs (KTSC), Steamboat Springs (KRMZ), Grand Junction (KRMJ) and Durango (KRMU). Visit us at www.rmpbs.org.

Contact: Debbie Higgs (970) 235- 8707 // debbiehiggs@rmpbs.org

Ballantine Media Center, 1000 Rim Drive

Durango, CO 81301

Good Samaritan legislation: A solution for a vexing problem

The 2015 Gold King Mine waste water spill was an environmental disaster that began at the Gold King Mine near Silverton, Colorado, when Environmental Protection Agency personnel, along with workers for Environmental Restoration LLC, caused the release of toxic waste water into the Animas River watershed.

by Trout Unlimited (Trout Unlimited is the nation’s oldest and largest coldwater fisheries conservation organization, boasting more than 140,000 members. TU’s mission is to conserve, protect and restore North America's coldwater fisheries and their watersheds.  Learn more at www.tu.org)

Pollution from mine sites (abandoned or active) fall into two categories: “Non-point sources” and “point-sources”.  Non-point source sites are those without a specific point where the pollution discharges into waterways.  These are commonly waste rock and tailings piles that cause contaminated soil runoff.  Point-sources are those that have a specific source of water pollution discharge that you can, well, point to. In this instance, think of a mine portal bleeding orange, heavy metal-laden water; that’s a point source.  

This is an important distinction because under the Clean Water Act (CWA), the EPA requires a discharge permit for all discharges of point source pollution. The effect is that third-party groups - “Good Samaritans” who have no legal responsibility or connection to an abandoned mine – who are interested in conducting a cleanup to address a point-source, draining abandoned mine would inherit permanent liability for a problem they didn’t create.  Additionally, Good Samaritans would be required to hold a CWA pollution discharge permit and meet all applicable water quality standards as if they had created the pollution. In other words, the Clean Water Act treats polluters and Good Samaritans the same.  There is no distinction in the law.  

Because a draining mine is likely to drain forever, the entity performing the work at an abandoned site would be saddled with accountability for any remaining pollution and held liable as if they had created the pollution to begin with - even if their actions create measurable improvements in water quality. The existing legal framework is “all or nothing”.  A cleanup project must result in 100% attainment of water quality standards – 99% isn’t good enough.  This creates legal jeopardy for Good Samaritans who are unsure if 100% attainment is possible. This conundrum leaves the EPA as the only entity legally positioned to clean up leaking, abandoned mines.   But, again, it is only through Superfund can this action occur.    

Under current law, only the EPA can treat discharged mine water from abandoned mine sites.  ‘Superfund’, or the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) provides the legal authority and source of funding for the EPA to treat mine waste water from a point-source.  But, mine sites are not the only toxic sites awaiting EPA Superfund cleanups.  At present, there are over 1300 toxic chemical/pollution sites on the EPA’s Nation Priorities List (NPL) awaiting funding and attention, only a few of which are mine sites.  Federal resources are limited for the EPA to conduct cleanups at Superfund sites and there is no dedicated funding source beyond the Congressional appropriations process.  And, unfortunately, there are hundreds - if not thousands - of smaller, abandoned draining mine sites contaminating the environment that are not likely to qualify for a Superfund action.  These are sites that Good Samaritans could take on to increase cleanup capacity beyond the back-logged and underfunded Superfund program.   

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After the Gold King mine spill in 2015, numerous Federal and State agencies placed a greater emphasis on quantifying the scope and scale of draining mines in Colorado.  A study by the State Division of Reclamation Mining and Safety (DRMS) showed over 250 draining mines in Colorado with 148 likely degrading downstream water quality.  With more frequent temperature fluctuations and population increases across Colorado, having clean water sources will become more important for future generations of Coloradans.  The draft legislation discussed in previous summaries and below, will give qualified groups the opportunity to assist the EPA and federal agencies in addressing the cleanup of draining mines.    

Good Samaritans would only be those private organizations and/or state agencies qualified to conduct cleanups who apply for, and receive, a new type of “Good Samaritan” permit from the EPA. At a minimum, permit applications would have to include: site description, parties to be involved in project, description of mine residue to be remediated, description of the expertise of the Good Samaritan and resources available to successfully implement the project, baseline environmental conditions, comprehensive remediation plan, monitoring plan, engineering plans, contractors, work schedule, health and safety plan, contingency plans, project budget, proof of financial resources and an operation and maintenance plan. Permits would only be issued after a public hearing and comment period, and only if the Good Samaritan meet requirements to the satisfaction of the EPA and applicable regulations.  

Funding for Good Samaritan projects would come from a variety of private and public sources, including both state and federal dollars depending on site locations.  Grants and foundation money could also be utilized to fund these types of cleanups that would take on a true collaboration of all project partners and interest groups in the surrounding area.   

If the EPA chooses to issue a permit for an abandoned mine cleanup, a Good Samaritan would not be required to hold a traditional CWA pollution discharge permit.  And, they would be shielded from lawsuits if 100% attainment of water quality standards are not achieved. The EPA would instead hold the Good Samaritan to the requirements and terms of the permit.  And, in the unlikely event that a Good Samaritans violates the terms of the permit, and the violation leads to a reduction in water quality or environmental conditions below baseline levels, then the EPA is authorized to require the Good Samaritan to return the site to baseline conditions or face fines, bond forfeiture and permit revocation.   

Good Samaritan legislation is being proposed by conservation organizations such as Trout Unlimited who want to conduct Good Samaritan cleanup projects, but are prevented from doing so under current laws.   Under existing laws, there are three primary disincentives to Good Samaritan cleanups.  They are: 1) It is not feasible to improve water quality to meet high Clean Water Act standards, even though there would be measurable water quality improvements. 2)  The Good Samaritan would be permanently liable for pollution they didn’t create.  3)  The threat of being sued under “citizen suit” provisions of the Clean Water Act if a project does not attain 100% of water quality standards for any given criterion - again, even if there is a measurable improvement in water quality.  

Without Good Samaritan legislation, abandoned mines sites throughout the West that are not qualifying candidates for Superfund will continue to drain pollution every single day without a legal mechanism to begin addressing the problem. Under CERCLA, these sites are not candidates for Superfund projects and therefore the EPA does not have the funding or authority to clean them up.  By passing Good Samaritan legislation, state agencies and private organizations can fill in this gap and help take-on cleanups that would yield cleaner water to the benefit every water user downstream.  

The current draft proposal is for a pilot program that would terminate after 15 projects or 7 years, whichever comes first.  After which, Congress would either let the program expire or pass legislation to continue the program. This will allow for the concept to be proved-up and show that Good Samaritan mine cleanups are effective before making permanent changes to federal law.   

In the end, Good Samaritan proponents believe any improvement to water quality, over any period of time, is better than none at all.