Animas River catastrophe a call to action on mine pollution

Photo courtesy NBC News Aug. 7, 2015

For Immediate Release

Contact: Steve Kandell, skandell@tu.org, (970) 946-5801

Ty Churchwell, tchurchwell@tu.org,

Jason Willis, jwillis@tu.org, (719) 221-0411

Animas River catastrophe a ‘wake-up call’ on mine pollution

Trout Unlimited, stakeholders call for solution

(DURANGO)—Trout Unlimited today called for urgent action to clean up the scourge of abandoned hardrock mines, in the wake of a catastrophic spill of some 1 million gallons of toxic abandoned mine runoff into a tributary of the Animas River above Durango, Colorado.

An orange plume containing high sediment levels and toxic heavy metals coursed down the Animas through Durango on Thursday and moved toward the New Mexico state line. The spill could threaten the health of valuable fisheries and wildlife habitat in the Animas basin. State wildlife officials are currently testing the fishery to gauge impacts.

“This toxic spill into the Animas is a shocking incident that underscores how vulnerable our rivers, streams and fisheries are to abandoned hardrock mine pollution,” said Steve Kandell, director of TU’s Sportsmen’s Conservation Project. “Trout Unlimited will be monitoring the situation in coming days to assess the impact to our waters and world-class trout fishery in the Animas River. Needless to say, the health of our local community and recreation-based economy depends heavily on water quality. This is a wake-up call to Coloradans and the nation on the need to find solutions to abandoned mines.”

There are an estimated 500,000 abandoned hardrock mines, 23,000 in Colorado alone, are affecting some 40 percent of headwaters in the West. Hundreds of these mine sites dot the San Juan Mountains area, many oozing a mixture of toxic heavy metals, and low pH that devastate aquatic life.

For years, Trout Unlimited and other so-called groups have been working voluntarily to clean up these mine sites. Trout Unlimited is actively working with industry, agriculture, elected officials, the Animas River Stakeholders Group and others to find a policy solution that provides more incentives and support for cleaning up these toxic mine sites. This solution needs to reduce the likelihood of a catastrophic event of this magnitude from happening again. To learn more about the abandoned mine problem and how to take action, go to www.sanjuancleanwater.org.

“Abandoned mines are a cancer threatening the health of rivers and streams in southwest Colorado and many other areas of the West,” said Ty Churchwell, Colorado backcountry coordinator for Trout Unlimited. “If we do nothing, we’re inviting more catastrophes like the Animas spill. It’s time for action.”

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Trout Unlimited is a non-profit organization with 147,000 members nationwide dedicated to conserving, protecting and restoring North America’s coldwater fisheries and their watersheds.

Meet the Summer Interns!

Colton Gully and I, Lizzy Wiegers, are most excited about being a part of CTU. We have been working for CTU since June, but have been so busy we nearly forgot to introduce ourselves! About Colton: 

Above all I am thankful to have an internship with an organization that is as passionate about protecting and promoting healthy fish as I am. I am and always will be a fly fisherman. I first picked up a fly rod my freshman year of high school, and after I caught my first fish I was hooked. It just so happened my grade school friend turned into my fishing buddy, and my connection to the fish and the river was strengthened through our combined love of the sport. This past year I have been to school in the Pacific Northwest at Western Washington University; a place so different from home I could still find Colorado on the Nooksack fly fishing.

The Greenback recovery project is as exciting as it gets. We have the opportunity to recover a species of fish that was thought to be extinct. Through my work on this project I hope to convey the importance of these beautiful native trout to the public through social media, journalistic writing, blog posts and website design. Also, this Internship is a perfect stepping stone toward my future goals of working to protect wild spaces throughout our country and maybe even the world.

About Lizzy: 

My name is Lizzy Wiegers and I’m a Colorado native, water enthusiast, and lover of aquatic creatures, nature, dogs, and books. I am going into my sophomore year at Oregon State University where I will be studying English and Environmental Science. Growing up in Colorado, one of the most beautiful states in the country, allowed me to develop a strong relationship with the outdoors at a very early age. During my first year of college I was able to truly understand how important it is to preserve the resources nature has to offer so everyone and everything living throughout the nation can remain happy, and healthy. I am beyond excited about being a part of CTU for the summer so I can help TU strengthen their voice, gain more members, and piece together the stories from chapters throughout the state to better show who CTU is as a whole.

Family Fly Fishing Festival Approaching!

Photo by Mark Lance  

August is going to be quite a busy month for anglers. While the World Youth Fly Fishing Championships are going on August 10th-16th, on the 15th CTU is hosting The Family Fly Fishing Festival at the Nova Guides Lodge with Team USA. All ages are welcome! Read below for more information, and click here to register for this event.

Family Fishing Festival with Team USA On August 15th at the historic Camp Hale, hosted at Nova Guides Lodge, families will have the opportunity to interact and learn from the best young flyfishers from around the world including the three-time defending gold medal winners of Team USA. Whether you are the next aspiring Team USA member or a first time angler, The Family Fly Fishing Festival has something for you. Just as the World Youth Fly Fishing Championships bring together anglers from around the world, Colorado Trout Unlimited aims to bring our State together for the Family Fly Fishing Festival and Conservation Symposium. Youth of all ages and adults alike are invited to have some fun with the tournament’s competitors while learning some new skills along the way. ·         Fly Casting ·         Fly Tying ·         Entomology ·         Fish Art and More! On the private ponds of Nova Guides, instruction – including from members of Team USA – will be offered for anglers of different abilities. Outdoor activities from partners like Colorado Parks and Wildlife, Trout Unlimited, and the Eagle River Watershed Council will be available for the whole family. Lunch will be provided during the Conservation Symposium where guests can learn about the waters of Colorado and the groups who work to protect them. Bring the whole family! $10 / person or $30 for a family of four. Lunch provided.  More details including driving directions and registraion can be found at: http://coloradotu.org/event/family-fly-fishing-festival/

Volunteer Opportunity!

  The San Luis Valley chapter of Colorado Trout Unlimited needs your help! They are working with the US Forest Service on completing a fencing project on the Hidden Mile of the Conejos and need volunteers to help make this happen.

There are two work days scheduled for Monday, August 10th and the following Monday, August 17th. The first work day will be dedicated to installing the braces for the cables along the lower and upper boundary of the Hidden Mile. The second day will be spent installing the cables and putting together the fence. San Luis Valley would be very grateful for any help they could receive on either day, so whether you can only make one day, or both, your help would be much appreciated. If you are interested in taking advantage of this opportunity to get outside and get involved, or want to learn more details about this event, contact Marty Jones or Mark Seaton at the following phone numbers/email addresses.

Marty: (719)-589-4327 email: mbjones@adams.edu

Mark: (719)-588-7678 email: seaton@fairpoint.net

Tools will be provided, so no need to bring your own! All you need is work clothes, work gloves, sturdy boots, waders, safety glasses, sunscreen, a lunch, and plenty of water. Work will begin at 9am.

Directions to Hidden Mile: Go west from Antonito on Highway 17 for about 21 miles until you reach Platoro Rd. (Road 250). Turn right onto this road and continue for 4 miles. You will see the parking lot and gate on the left.

Congratulations, Christopher Betz, CTU Raffle Winner!

Congratulations to Christopher Betz of Berthoud, the lucky winner of Colorado TU's Summer Raffle.  The raffle prize package included four fantastic full-day guide trips on the Arkansas River, Upper Gunnison River, South Platte River, and Elk River (private water - Hoogendorn Ranch). Thank you to all those who purchased tickets, helping us to raise a net of $3000 for trout conservation.

And a special thanks to our partners from the fishing outfitting community for their generous support:

Arkanglers with the Arkansas River float trip.

Steamboat Flyfishers with the Hoogendorn Ranch package .

Gunnison Fish & Raft with the Upper Gunnision float trip.

Trouts Fly Fishing with the South Platte walk/wade trip.

Please help support the businesses that support Trout Unlimited and conservation!

New Clean Water Rule

On June 17th, 2015 the Denver Post posted Colorado Trout Unlimited executive director David Nickum's, and Rocky Mountain Farmers Union president Kent Peppler's article that highlighted the new clean water rule from U.S. Army Corps of Engineers and the EPA. The new rule is not an expansion of the Clean Water Act, but rather a "clarification of Clean Water Act jurisdiction," to quote the article directly. The rule allows for the water fish use as their habitat, and Coloradans use for safe drinking water, to be protected. It also ensures the protection of streams and wetlands that are essential to Colorado's outdoor recreation economy. The full article can be found below.

For nearly 15 years, 10,000 miles of streams and thousands of acres of wetlands in Colorado have been at greater risk of being polluted or destroyed due to confusion over what bodies of water are protected under the Clean Water Act. That all changed last week thanks to a new rule from the EPA and U.S. Army Corps of Engineers that restores protections to the vital waters that provide habitat for fish and wildlife and safe drinking water to two out of three Coloradans.

The rule is a clarification of Clean Water Act jurisdiction. It gives Colorado's farmers and ranchers a clear understanding of the rules that protect the water we rely on for the production of healthful food while maintaining all of the existing Clean Water Act exemptions for normal farming activities, and in some cases, strengthening them. The rule also gives Colorado sportsmen certainty that the wetlands and headwater streams that form the backbone of our state's $3 billion outdoor recreation economy will be safeguarded.

Contrary to what opponents have claimed, the rule does not expand the Clean Water Act. The rule does not protect any new types of waters or regulate ditches. It does not apply to groundwater, nor does it create any new permitting requirements for agriculture, or address land use or private property rights.

In crafting the long-overdue final rule, the agencies reviewed comments from more than 1 million Americans. Advocates on all sides had called for the clarification the rule provides, prompting the EPA and Army Corps to hold more than 400 meetings with stakeholders. The final rule is a clear victory not only for farmers, ranchers and sportsmen, but for all Coloradans. Unfortunately, it may not last long.

Before the clean water rule was even finalized, some members of Congress began to engage in last ditch efforts to block the anticipated rule, and restart the multi-year rulemaking process. Now that the rule has been written, these attacks have intensified. Inflammatory rhetoric about an administrative "power grab" are driving attempts to pass legislation in both the House and Senate that would force the agencies to go back to the drawing board and rewrite the rule. Not only would these efforts unnecessarily delay a process that has been well vetted from top to bottom, it would also have serious, damaging impacts on our water supply, our local farmers, sportsmen and our state's economy.

As Congress considers this unnecessary delay, Colorado's senators have a critical role to play. Sen. Michael Bennet has supported these efforts to protect clean water in the past, while Sen. Cory Gardner has been in opposition. We urge them both to do what's in the best interest for their constituents and oppose efforts to derail the clean water rule.

There is a misconception that all farmers oppose the clean water rule. In fact, farmers, ranchers and sportsmen have stood side by side for decades in the fight for clean water, and were present during the many public meetings and listening sessions the agencies held as they were forming the final rule. As we face down 11th-hour efforts to block the rule, we urge support for the clean water rule across the Continental Divide, from headwater trout streams to farm fields, to sustain our Colorado way of life for us and future generations of farmers, hunters and anglers.

Rain's Effect on Rivers and Fish

Colorado has become unrecognizable. If one were to take a look out of their window while flying into DIA they would see nothing but green, lush land for miles and miles. “Wait a minute,” the natives are thinking, “I haven’t seen anything like this in Colorado… this isn’t normal.” But it’s becoming the new normal thanks to persistent and consistent rain storms that have dominated the afternoons for the past month. Although May is usually Denver’s wettest, cloudiest month these storms have led to rainfall amounts that are far from the usual. So far in 2015 Denver has received more than 11 inches of rain, just a few inches shy of the total average yearly rainfall amount of 14 inches. All this rain is not entirely unwelcome. Too much water is still not enough water for Coloradans considering the fact we’re an extremely dry state and no stranger to droughts. Overflowing rivers and streams, hydrated agriculture, and plentiful amounts of water for cities is far superior to the severely water deprived lands states like California are currently suffering from. On the other hand, too much rain does not bode well for river and fish health.

More rain means more pollution ending up in our rivers due to runoff that picks up pesticides, sediment, bacteria, and other pollutants as it makes its way into our rivers. Bad bacteria and pollution could lead to oxygen depletion, or even hypoxic river conditions; conditions that are not conducive to healthy aquatic environments.

The sudden influx of water also creates rivers with a much higher velocity than is normal. According to USGS, the South Platte River is flowing at 782 percent of its normal flow, and the Cache La Poudre is flowing at 702 percent. These high river flows due to rain could be a symptom of climate change. The usual source of water for Colorado’s rivers is snowmelt, but as temperatures rise and snowpack lessens in the lower mountains (below 8200 ft.) it’s possible rain could become a new water source. However, A report done for the Colorado Water Conservation Board (click here for full report) states that as of right now it’s difficult to tell whether average annual precipitation will increase or decrease within the next 35 years. Due to high variability, determining whether long-term trends in annual precipitation are changing is nearly impossible right now, so this year’s immense rain falls could just be a temporary anomaly. That being said, it’s important for anglers to recognize that changes in water sources are quite possible.

Water flowing at high rates due to rain means the river turns into a muddy mess, which disrupts trout activity. Trout are water snobs; they thrive in cold, high quality, extremely clean water (as stated in Trout Unlimited’s State of the Trout article, the full article can be found here), the likes of which this rain does not produce. However…

Not all hope for good trout fishing is lost. With the rain comes some benefits as well. When rain falls on water, it oxygenates it, which brings life back into the river and raises trout activity levels. Rain also allows for bugs to be washed into the rivers, piquing the trouts interest and making them more likely to bite. Another bonus? Rain regulates the water temperature, and adds humidity to the air which is conducive to hatch activity.

State of the Trout Report Shows Challenges for Native Cutthroat

Trout Unlimited released a new "State of the Trout" report highlighting the status - and plight - of native trout across the country including in Colorado.  “Native trout are in trouble in the United States,” said Chris Wood, Trout Unlimited’s president and CEO, in the report’s foreword. “But we are making a difference and with help, involvement and action can promise a future of recovery, not one of loss, for our children.”

“The State of the Trout” details the status of 28 separate species and subspecies of trout and char native to the United States. Of those detailed populations, three are already extinct (including Colorado's yellowfin cutthroat trout), and more than half of the remaining trout and char populations occupy less than 25 percent of their native waters. While the state of trout in America is tenuous, there are success stories that prove trout recovery is possible. The report lays out a roadmap for that recovery.

Trout Unlimited’s staff of scientists spent more than a year preparing the detailed report with input from TU’s field staff and independent, federal and state fisheries experts. The full report is available in digital form online.

Energy development and climate change head a long list of challenges facing trout, which also are under pressure from increased demand on the nation’s water resources, threats from non-native species, and loss and degradation of habitat.

On the Colorado Plateau and in the southern Rockies, native trout face several threats ranging from century-old abandoned mine runoff to ongoing efforts to drill for gas and oil within native trout ranges. In Colorado, native greenback cutthroat trout were thought to be nearing recovery and delisting under the Endangered Species Act when new genetic techniques revealed that stocks used for reintroduction were not greenbacks, but rather a strain of Colorado River cutthroat trout. Today, self-sustaining native greenbacks are found in just four miles of Bear Creek on the slopes of Pikes Peak, making them susceptible to natural events made more severe by yet another threat—a changing climate. The Front Range of Colorado has been hit hard in recent years by fire, extreme drought and heavy flooding that has wreaked havoc on communities and entire watersheds.

Native Colorado River cutthroat trout, while in much better shape than greenbacks, also face a number of historic and ongoing threats, including the persistence and expansion of non-native trout within their native waters, and ongoing energy development projects within the fish’s native range. Colorado River cutthroats today are largely relegated to headwater streams that are usually disconnected from one another, making individual stocks susceptible to local events often exacerbated by climate change, like fire, flood and extreme drought.

Despite threats to their long-term persistence, there is good news for Colorado’s native fish. In western Colorado, Trout Unlimited volunteers have worked diligently for 20 years to protect a unique strain of Colorado River cutthroat trout atop the Roan Plateau in the heart of the Piceance Basin energy fields. Volunteers from the Grand Valley Anglers Chapter of Trout Unlimited have worked to restore the headwaters of Trapper Creek for years, and just recently, TU reached a negotiated deal with natural gas leaseholders on the Roan that will protect the watersheds in which these prized native trout swim.

“Colorado’s native trout are a vital part of our state’s fishing heritage, something that anglers can experience in Colorado and nowhere else,” said David Nickum, executive director of Colorado Trout Unlimited. “The State of the Trout report is a wake-up call that we need to step up our efforts to conserve and restore these fish, so that they are still there for our children and grandchildren to experience and enjoy.”

In the end, it’s all about hope and optimism.

“People who fish are eternal optimists,” Wood said. “Even the most cynical among us, on the last cast of the day, are confident we will catch the biggest fish of the day. That optimism and hope for the future breathes through this report.”

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.