A state judge today ruled in favor of Colorado mining regulators in a long-running standoff over Cotter Corp.’s refusal to remove highly-toxic water from its defunct uranium mine west of Denver.
The decision by Denver District Judge Robert Hyatt cited “an ample evidentiary basis” for the Colorado Mined Land Reclamation Board’s findings, “including those that Cotter failed to minimize disturbance to the prevailing hydrologic balance, failed to handle toxic-forming material (uranium) in a protective manner and failed to protect the areas outside the mine from slides or damage.”
The Schwartzwalder Mine is northwest of Golden along Ralston Creek, which flows into a drinking water reservoir owned by Denver Water, which supplies 1.3 million metro area residents. Tests on creek water found uranium levels up to 13 times higher than state health standards.
State inspectors several years ago discovered the problem: that uranium in the mine shaft reached up to as 1,000 times the state standard, with contaminants rising to the rim of the shaft. It wasn’t until April 2010 that mining regulators ordered Cotter to remove the contamination by draining the mine.
On Tuesday, state health officials ordered Cotter to divert creek water away the mine and find the source of the contamination.
Cotter, a subsidary of San Diego-based defense contractor General Atomics, defied repeated state orders and last year filed a lawsuit accusing state regulators of abusing their discretion.
Cotter officials on Friday could not be reached.
State regulators “are reviewing the decision in order to evaluate our next steps,” said Bob Randall, a board member and deputy director of the Colorado Department of Natural Resources. “We’re pleased that the court agreed with the Mined Land Reclamation Board and we’re looking forward to seeing the mine-pool issue addressed at the Schwartzwalder Mine.”
Bruce Finley: 303-954-1700 or bfinley@denverpost.com
