A Renewed Push for Good Samaritan Legislation

Historically, mining played a large role in settling the American West and building the nation.  However, its legacy – more than 500,000 abandoned hard rock mines with an estimated cleanup cost ranging from $36-72 billion – has persisted for the better part of a century with little progress toward a solution.  According to the Environmental Protection Agency (EPA), abandoned hard rock mines affect 40 percent of headwaters in the western United States.  Unfortunately, burdensome liability for would-be ‘Good Samaritans’, such as Trout Unlimited, has hindered abandoned hard rock mine cleanups.  Good Samaritans didn’t create the problem, but they want to fix it. One needs to look no further than Colorado’s San Juan Mountains for acute examples of this problem.  The San Juans are some of the most heavily mineralized mountains in the world, and they’ve been mined to death.  More accurately, several fabled trout rivers in the region have suffered a long, slow death from acid mine drainage.  The Animas River is completely devoid of aquatic life for many miles below Silverton on its way to Durango.  Only through the input of clean tributaries does the water become diluted enough to support a strong fishery in Durango.  The Uncompahgre River near Ouray is dead until the heavy metals fall out into the depths of Ridgway Reservoir.   Other regional rivers, such as the Rio Grande and Lake Fork of the Gunnison, suffer as well.

Our tried and true pollution cleanup laws, the Clean Water Act and Comprehensive Environmental Response, Compensation, and Liability Act (better known as “CERCLA” or “Superfund”), place the burden of cleanup squarely on the owners of the property.  Generally this is an excellent policy for most forms of pollution.  But in the West, where the parties responsible for developing most of the old mine sites are long-gone, cleaning up these sites is a legal quagmire.  A 2007 EPA policy memorandum provided useful protection to Good Samaritans from Superfund liability, but Clean Water Act liability remains a significant obstacle.

There are many projects in Colorado’s San Juan Mountains where water quality could be improved by collecting run-off, or taking an existing discrete discharge, and running the water through either an active or passive treatment system.  Clean Water Act (CWA) compliance and liability issues remain a barrier to such projects.

In short, Good Samaritan projects need some sort of permit mechanism, such as that contemplated by legislation previously introduced by Senator Mark Udall and Rep. Scott Tipton in 2013.  That legislation required a project to produce significant improvements in water quality for a specific period of time, implement best design and management practices, and conduct appropriate monitoring, but not expose the Good Samaritan to liability if the project at some point fails to achieve a required criterion for a given pollutant.

For over two decades numerous federal legislators have attempted to pass ‘Good Samaritan’ legislation with no success.  Thankfully, Colorado’s Senator Michael Bennet and Colorado 3rd District Representative Scott Tipton are committed to resolving the problem.  Building on their success with Trout Unlimited last year with the Hermosa Creek legislation, theses delegates are drafting site-specific Good Samaritan legislation for the San Juan Mountains.  The hope is to demonstrate with pilot legislation that these types of projects can be successful, whereby removing political concerns for a national bill down the road.

Trout Unlimited will be coordinating the on-the-ground effort to educate communities and stakeholders while gathering supporters.  We are building a grassroots coalition and you’re urged to voice your support.  Visit the campaign website at:  www.sanjuancleanwater.org.  Click on the ‘Take Action’ tab to sign up.  Find us on Facebook as well at San Juan Clean Water Coalition.

Let’s work together to pass this important legislation for healthy rivers and productive trout fisheries!

For info:  Ty Churchwell – tchurchwell@tu.org 970-259-5116 x 11

Help determine future of Rio Grande National Forest

The Rio Grande National Forest has two public meeting scheduled for the week of June 22nd to discuss and gather public input for the Rio Grande National Forest’s plan revision. It would be very helpful if San Luis Valley Trout Unlimited could have chapter members present to represent us. Please plan to attend if you can! The first meeting will be on Monday, June 22, from 5:00 p.m. to 7:30 p.m. at the South Fork Community Building, 254 CO State Highway 149, South Fork. Participants at this meeting will help to identify current issues and foreseeable trends concerning management of fish, wildlife and rare plants on the RGNF.

The second meeting will be on Tuesday, June 23 from 5:00 p.m. to 7:30 p.m. at the Conejos Canyon Community Chapel. The chapel is located before mile post 20 on U.S. State Highway 17. Participants at this meeting will help to identify issues and impacts of recreation and its management on the RGNF and surrounding communities.

Both meetings will feature an open house for the first half hour allowing the opportunity to view maps and engage in one-on-one discussion with RGNF staff. A short presentation by forest service staff will begin at 5:30 p.m., followed by interactive discussions designed to provide input for the plan revision. Light refreshments will be provided.

The forest plan is the overarching document that guides all management decisions and activities on the entire Rio Grande National Forest, including preservation of cultural and historic resources, grazing, timber production, recreation, wildlife management, firewood cutting and gathering of special forest products.

For more information, visit the RGNF plan revision website at http://riograndeplanning.mindmixer.com/ or contact Mike Blakeman at the Rio Grande National Forest Supervisor’s Office at 719-852-5941 or Marcus Selig at mselig@nationalforests.org or 720.437.0290.

Ask Congress to Protect Our Headwaters

On May 27, the EPA and Army Corps of Engineers issued new Clean Water rules that restore long-standing protections to headwater streams and adjacent wetlands under the Clean Water Act.  The rules are a balanced package that maintains long-standing Clean Water Act exemptions for standard farming practices, while clarifying that the Act's protections extend to the tributary streams and wetlands that shape the quality and health of downstream rivers. These waters were historically protected under the Clean Water Act until two politically charged Supreme Court decisions in the 2000s put them into regulatory limbo. The court ruled that there must be a proven nexus between these small, sometimes-intermittent waters and the larger rivers they feed in order for the former to receive Clean Water Act protections. Armed with the science that proves such a connection, the EPA and the Corps crafted this rule that protects the clean water sources of America’s rivers. Unfortunately, some in Congress are pushing to block the rules from being implemented.  Legislation to do just that has passed the House and will be considered in the Senate, and other amendments to block the rules will likely be proposed in the coming weeks and months.  Please take a moment to weigh in with your Representative and Senators Bennet and Gardner, and ask them to support the Clean Water Rules and protect Colorado's headwater streams!

Headwaters Matter! New rules protect water quality

Yesterday (May 27) the EPA and Army Corps of Engineers issued new Clean Water rules that restore long-standing protections to headwater streams and adjacent wetlands under the Clean Water Act.  From TU's Colorado press release:  

Colorado anglers stand behind new clean water rule

WASHINGTON, D.C.—Anglers in Colorado support a new rule announced today that restores protections for America’s headwater streams under the Clean Water Act.

“The waters this rule protects are the sources of our nation’s coldest, cleanest water,” said Trout Unlimited President and CEO Chris Wood. “Not only do they provide the needed spawning and rearing habitat for our trout and salmon, they are the sources of our iconic rivers and streams—they provide the water we all use downstream. The EPA and the Corps were right to craft this thoughtful rule in a way that protects our headwaters and our fish, but also protects the downstream uses of our nation’s water.”

Wood said the rule doesn’t require any new actions on the part of existing water users, but it does require anyone wishing to pursue a new development that impacts small streams to get a permit to do so.

The rule restores protections to America’s headwater streams that were removed after two politically charged Supreme Court decisions in the 2000s. The court ruled that there must be a proven nexus between these small, sometimes-intermittent waters and the larger rivers they feed in order for the former to receive Clean Water Act protections. Armed with the science that proves such a connection, the EPA and the Corps crafted this rule that simply protects the clean water sources of America’s rivers.

“Colorado is a headwaters state, and we understand the importance of protecting the sources of our great western rivers,” said David Nickum, executive director of Colorado Trout Unlimited. “The new rule restores long-standing protections to these small streams and wetlands, which ensure healthy waters downstream and support our state’s $9 billion outdoor recreation economy. Anglers understand that healthy rivers depend on healthy tributaries—this rule simply acknowledges that reality.”

“TU members in Colorado are grateful to the Corps, the EPA and the Obama administration for developing the new rule, and we are thankful to many members of Congress who have defended it from attack,” said Drew Peternell, director of TU’s Colorado Water Project. “The rule is the product of many months of consultation and input from Americans and Congress. The agencies listened to the concerns of diverse interests and found an approach that will ensure clean water for our communities, industry, farms and ranches, and environment.”

“This is a rule for everyone,” Wood continued. “The most important thing this rule does is restore Clean Water Act protections to headwater streams, and that means the world to anglers who understand the importance of these waters to their success in the field. But these waters are important to everyone, not just anglers. If you turn on a tap, this rule helps make sure the water that comes out is clean and fresh.”

Wake-up call for Colorado River users

As the California drought continues, Colorado River water users are reminded of the importance of working together to effectively address water needs in the basin.  There are a variety of interests competing for water rights, however it is only through a collaborative effort that we will see success in meeting the diverse water needs.  As Eric Kuhn, general manager of the Colorado River Water Conservation District points out, “collaboration is needed today to keep us ahead of our significant water challenges, before they spiral into a crisis that pits one water use sector against another.” Trout Unlimited is committed to continue to work with and engage agriculture, municipal and industrial stakeholders in finding innovative and effective solutions in meeting future water needs.  Colorado TU’s Randy Scholfield recently wrote an op-ed piece highlighting the Upper Colorado River Basin and the current efforts going on there – you can read it here.

To get involved in this effort please email Stephanie Scott at sscott@tu.org

West Denver TU Partnering with Orvis to Monitor Rivers

PRESS RELEASE from WEST DENVER TROUT UNLIMITED: Trout Unlimited (TU) and Orvis have had a productive collaborative and supportive relationship over the years as reflected, for example, by their work to remove harmful culverts, teach the Nation how to fly fish and, in general, to protect and enhance coldwater fisheries. Trout Unlimited has also benefited from Orvis’ grant program designed to help organizations improve local streams.

Colorado’s West Denver Chapter of TU has been in the forefront of the State’s River Watch program to work with voluntary stewards to monitor water quality and other indicators of watershed health. West Denver has focused its effort primarily on Clear Creek, a local Front-Range stream. However, the U.S. Forest Service has requested that West Denver do testing on U.S. Forest sites throughout the State to help the Agency evaluate the effectiveness of restoration efforts, track on-the-ground conditions that affect the success of trout, identify possible trout strongholds, and monitor water quality changes over time and geography.

However, in order to do this testing, West Denver needed additional testing equipment. Thus, West Denver applied for a stream-improvement grant from Orvis, and received $2,000 to buy needed equipment. This equipment will allow West Denver to obtain high-quality data to educate citizens and decision makers about the condition of Colorado’s waters.

Behind the Fin: Matt Moskal

• Name: Matt Moskal
• Colorado Native
• Class of CU Boulder 2010
• Works at Merrill Lynch on a wealth management team with his father
• Best Quote from Matt: "After seeing the spectacle of trout smashing giant Salmon Flies on the surface, she became addicted for life. It was fun to watch her curiosity grow to infatuation right before my eyes. She is now a TU member and one of the better anglers that I know. She even out fishes me, but only occasionally."

For some, they're born with a passion to fish. For others, the passion is born into them. For CTU member, Matt Moskal, the passion for fishing came to him when he was in college just a few years ago.

Moskal doesn't come from a large family of fishermen so getting into the sport wasn't necessarily a big priority for him; until he went off to school at University of Colorado in Boulder, Colorado. From there, his obsession for fly fishing was born.

Realizing the beauty within nature, Moskal decided he wanted to help preserve and protect the land and waters in which he loves to fish. With a strong emphasis from his mom, he learned as a child that it is important to give back in any way that he could. So three years ago, he joined TU to help preserve and protect "the spectacular natural playground that we have in our backyard."

As a member of CTU, Moskal has gone about his mission to give back through various volunteer efforts and projects. One of his favorite was a mine reclamation in Alma, Colorado. While working with the Coalition for the Upper South Platte (CUSP), Moskal and other volunteers helped enhance the water quality by cleaning out the water toxins in the river by going right at the source.

"By resolving the toxic problem at its origin, our work truly had a measurable, positive impact on the health of the South Platte," said Moskal. "After the work was done I remember I had an excellent afternoon of dry fly fishing downstream from the project and felt very satisfied that those fish were in good hands."

Being relatively new to both the sport of fly fishing and Colorado Trout Unlimited, Moskal enjoys learning more about fishing, conservation and CTU as much as he can. In October of last year CTU put on a New Leaders Training in Grand Junction, Colorado, where members can learn more about their chapter and ways to improve it.

"The New Leaders Training in Grand Junction this October was another favorite event. The minds of TU’s leaders are remarkable. I was honored to meet other chapter board members and I left feeling more educated than ever about TU’s mission in Colorado."

Becoming a avid fly fisherman over the last few years, Moskal has since taught and helped educate others about the sport and CTU's mission. While backpacking through Black Canyon in the Gunnison Gorge, Moskal watched right before his eyes, his close friend become amazed and infatuated by the beauty of wild trout and fishing.

"After seeing the spectacle of trout smashing giant Salmon Flies on the surface, she became addicted for life," said Moskal. "It was fun to watch her curiosity grow to infatuation right before my eyes. She is now a TU member and one of the better anglers that I know. She even out fishes me, but only occasionally."

Along with protecting and restoring our natural rivers and streams in Colorado, Moskal also enjoys wading into the rivers to cast his line. Like many fisherman he won't reveal his secret spots but he enjoys the waters between Kremmling and Hot Sulphur Springs as well as 11 Mile canyon during the spring time runoff.

Although he claims that nymphing is "unquestionably" the best way to catch the biggest fish in the stream, he still prefers to fish with dry flies right on the surface, "To me, watching the fish rise and eat is the best part of the process. I just don’t get the same adrenaline rush from watching a bobber."

When he isn't fishing, Moskal is either skiing during the winter months or in downtown Denver where he lives and works with his father at Merrill Lynch on a wealth management team. To keep with his mother's teachings that he should help to give back in any way possible, Moskal enjoys working with families as clients to them financially. Being able to see his dad everyday is another big plus for Moskal.

The passion of fly fishing doesn't have to be born and bred. It can come in a split second on the water or in nature. The adrenaline rush of watching a trout rise to eat a fly tied to the end of your line is like nothing else. And Matt Moskal discovered that a few years ago while in college and has never looked back. Since then, he has been actively involved with Colorado Trout Unlimited through volunteer efforts, leadership trainings and even recruiting others.

Victory on Hermosa!

In late December,  a bill to permanently protect the Hermosa Creek watershed—a major Trout Unlimited focus area for conservation—received  final approval in the U.S. Senate and proceeded on to President Obama for his signature. It was a great day for our local Durango community, for Colorado and for America’s backcountry fanatics.

The Hermosa Creek Watershed Protection Act, along with a handful of other public land bills, was attached as riders to the National Defense Authorization Act – a “must pass” piece of legislation.  As a result, Congress finally got this important piece of legislation across the finish line.

Native cutthroat trout in southwest Colorado now have a protected home in America’s newest wilderness area!

We are grateful for Sen. Michael Bennet and Rep. Scott Tipton and staff, for helping bring the Durango community together and working hard to get this done.

The passage of the bill represents eight years of work by TU staff from the Sportsmen’s Conservation Project and Colorado Water Project, and volunteers from the Five Rivers Chapter in Durango, CO.  The effort has truly been a “One TU” success.  But it was not just TU members who fought to protect the Hermosa Creek area for the next generation.  Anglers were joined by sportsmen from the region, and across the country, in a coalition aptly named “Sportsmen for Hermosa.”  From the local fly shops to rod manufacturers, from sportsmen’s conservation groups to outfitters, sportsmen stood up unified in support of permanent protections for Hermosa Creek.  And Congress heard our voices loud and clear!

The Hermosa Creek watershed, just north of Durango, contains Colorado’s largest, unprotected roadless area and is treasured by hunters and anglers for its opportunity and ease of access.  For fly fishermen and women, Hermosa Creek is the go-to location in southwest Colorado to cast summer dry flies to pure Colorado River cutthroat trout, brookies and rainbows.  For fall big game hunters, Hermosa’s elk beckon with bugles that raise the hair on your neck with excitement and anticipation.  Deer, turkey and grouse round out the quarry.  Sportsmen were joined in the effort to protect Hermosa Creek by mountain bikers, off-highway vehicle enthusiasts, hikers, backpackers, photographers, horsemen, water concerns, grazers, ranchers and citizens of the region.

It was a bumpy road along the way.  In September, the bill received a mark-up in the House of Representatives.  To the surprise of everyone back in Colorado, the bill was substantially amended by the House subcommittee.  Though it was watered-down and failed to provide the “teeth” of conservation we desired, it passed.  Whereas the bill once enjoyed complete and uncontested support, there now was significant opposition, including from TU and sportsmen.

Thankfully, the utter disappointment of the House mark-up and amendments brought about change.  Locals made it clear the bill was not OK and needed to return to the original version.  In mid-November a deal was struck between the Senate and House subcommittees.  The amended bill now was much, much closer to the original version and regained the support of locals back home.  In late November the bill received a full House vote (via the defense bill) and passed 300-119.

It’s notable, too, to mention four other TU-led initiatives passed alongside Hermosa and were signed into law.  They include the Columbine-Hondo wilderness in New Mexico and the Pine Forest Range in Nevada.  We share this victory with our brethren in nearby states.

With that, we raise our glasses in celebration.  To pass a public lands protection bill, with a wilderness component, is an astronomical feat in today’s tough and highly partisan political climate.  But sportsmen stood strong, made their voices heard, and were persistent and patient—and now 107,000 acres of public land perfectness will remain unspoiled and productive for the next generation of America’s sportsmen, women and children.

---Ty Churchwell, Backcountry Coordinator, Sportsmen's Conservation Project tchurchwell@tu.org

Clear Creek County Commissioner Speaks for Clean Water

Clear Creek County Commissioner Tim Mauck testified today before a joint hearing of the House Committee on Transportation and Infrastructure and the Senate Committee on Environment and Public Works in support of a proposed federal rule that would restore protections to headwater streams under the Clean Water Act. The so-called Waters of the United States rule, put forth by the Environmental Protection Agency and the Army Corps of Engineers, is in draft form, and has received support in the form of public comment from about 800,000 Americans. It was crafted in response to a pair of Supreme Court rulings in the early and mid-2000s that removed longstanding Clean Water Act protections from “intermittent and ephemeral” headwater streams unless they were shown to have a “significant nexus” with the larger rivers and streams into which they flow. The EPA and the Corps have since proven a scientific nexus between America’s great rivers and their headwater streams--hence the draft rule.

Despite the overwhelming public support for the rule, many in Congress see the rule as “overreach,” and efforts are afoot to derail the established rule-making process and prohibit the EPA from restoring protections to headwater streams under the Clean Water Act.

“As an elected county commissioner, I am testifying to convey how important clean water is for my community,” Mauck told the members of the committees today. “The proposed clean water rule will protect the headwaters, tributaries and wetlands that are essential for providing the high-quality water that supports the hunting, fishing, rafting and outdoor recreation that are an economic backbone for my community. Clean water from streams and wetlands also provide drinking water for thousands of our residents.”

Commissioner Mauck is also an avid sportsman and a member of Trout Unlimited.  Thank you, Commissioner, for speaking out in support of Colorado's headwater streams!

Tell the Governor: Healthy Rivers Matter!

On  December 10, a draft of Colorado's Water Plan was formally presented to Governor Hickenlooper - and will no undergo a renewed round of public input and revision with plans to finalize it by late 2015.  The Plan talks about the strategies Colorado should use to meet its future water demands for cities, industry, agriculture, recreation and the environment.  It will set the tone for how Colorado addresses its water challenges - whether there is an emphasis on sustainability, aggressive water conservation, and healthy rivers and landscapes - or emphasis on more dry-up of Colorado's rivers and its irrigated farmlands.  Colorado's sportsmen want to see our values reflected in the Plan. Governor Hickenlooper has said that every conversation about water should start with conservation. Tell him yourself why conserving the health of rivers is important to you! Click here now to weigh in now on the vision for Colorado's water future that you want to support!

This is just the first draft of the first Colorado Water Plan. We have one year to try to secure a healthy future for our rivers for fish, and for people.

You can learn more and read the draft Colorado  Water Plan online by clicking here and by visiting Colorado's Water Plan website.