Blog — Colorado Trout Unlimited

A New Era for Colorado's Rivers - Celebrating the Passage of the Good Samaritan Act

A Landmark Achievement: Good Samaritan Legislation

In a monumental bipartisan achievement two decades in the making, the U.S. House of Representatives has passed the Good Samaritan Remediation of Abandoned Hardrock Mines Act. This landmark legislation, co-sponsored by Colorado’s own Senators Bennet and Hickenlooper and Representatives Boebert, Caraveo, Crow, Neguse, and Pettersen, is now on its way to the President’s desk.  Historically, Colorado delegation members including Cory Gardner, Ken Salazar, Scott Tipton, and Mark Udall sponsored similar legislation in past Congresses, and we thank them as well for their work that helped pave the way for this Congress to act.

The “Good Sam” bill authorizes 15 pilot projects at low-risk sites over the next seven years to clean up abandoned mines, many of which are over a century old and have no owners responsible for the toxic waste left behind. These sites, polluting our rivers and streams with harmful metals like zinc, cadmium, arsenic, and lead, will finally receive the attention they desperately need.

Legislation is needed because of unintended consequences under current federal law. ‘Good Samaritan’ cleanup projects that work to reduce contamination from draining mines, such as with passive treatment through engineered wetlands, can open up that Good Sam to permanent liability for pollution they had no role in creating. Though a Good Sam may have improved water quality with their project, once they begin to treat the discharge they become the responsible party and must treat the discharging mine water up to full Clean Water Act standards in perpetuity. This may not be feasible in remote locations or cost effective for smaller discharges.  

That open-ended liability – which could even entail needing to construct and operate an active water treatment plant – has led nonprofits like Trout Unlimited and even state agencies to avoid treating draining mines for fear of taking on long-term multi-million dollar liability for a site. Instead, groups have focused on projects conducted ‘in the dry’ – for example, moving and capping mine waste rock to avoid its influencing adjacent waters. But while many such ‘dry’ projects have been completed and benefited Colorado watersheds, actively draining mines remained neglected because of the liability problems. The new law will finally open the door for Good Sams to tackle projects for those draining mines.

Celebrating Our Success

The passage of this bill is a testament to the persistent efforts of Trout Unlimited and our partners. It reflects our core values of science, resourcefulness, and unwavering dedication to clean water and healthy habitats. As Chris Wood, President and CEO of Trout Unlimited, noted, this legislation is about creating cleaner rivers and healthier communities.

This momentous success marks a significant milestone in our mission to restore America’s rivers and streams, especially here in Colorado. It’s a time for celebration, acknowledging the hard work and determination that brought us to this point. Within the TU family, we especially thank Colorado’s own Ty Churchwell and Montanan Corey Fisher, who coordinated TU’s legislative efforts and the campaign of public support.

Looking Forward: Modernizing Mining Laws

With Good Samaritan legislation nearly in place, we look to the future with optimism. Abandoned draining mines have long been seen as insurmountable challenges, but many can be addressed with straightforward solutions like biofiltration to remove some metals through constructed wetlands.

While liability has been a major limitation, another key limit has been financial. Unlike other commodities, hardrock minerals like gold and copper lack an associated tax or royalty to compensate the American people for extraction on their public lands, and to fund historic mine site cleanup efforts. In contrast, coal mine cleanups have benefited from over $6 billion in royalties since the passage of the Surface Mining Control and Reclamation Act of 1977.

As we move forward, America must balance the need for domestic hardrock mining to support clean energy production with environmental stewardship. Minerals like lithium, cobalt, and tellurium are crucial for technologies ranging from electric vehicle batteries to solar panels. However, the General Mining Law of 1872 and needed permitting reform complicate this transition.

Congress can modernize mining laws by establishing royalties on minerals to fund cleanup efforts and empowering federal agencies to assess and permit mines more effectively. Such reforms would ensure we meet the nation’s mineral needs while protecting vital cultural, social, and ecological values.

Colorado’s Role in This New Era

Colorado is home to approximately 23,000 abandoned mines, with over 230 actively causing environmental damage. More than 1,600 miles of our streams and rivers are impaired by acid mine drainage. This historic bipartisan legislation paves the way for increased efforts to clean up these sites. David Nickum, Executive Director of Colorado Trout Unlimited, emphasized, “Colorado voices have long called for legislation to empower Good Samaritans to conduct mine remediation projects. We look forward to seeing pilot projects here in Colorado, improving water quality in our home waters.”

This legislative victory is just the beginning of a new era for Colorado’s rivers and streams. As we continue to advocate for further reforms, we remain committed to our mission of restoring and protecting our waterways. Clean water and healthy ecosystems are within reach, and together, we can achieve even greater milestones. In the coming years we hope to see at least one of the Good Sam pilot projects take place in Colorado – and hope that TU itself may tackle one or more such projects nationwide, in collaboration with our agency and private sector partners. When these pilot projects provide proof of concept for the Good Sam approach, we can then look at permanent program authorization to encourage mine clean-up efforts for generations to come.

Let’s celebrate this achievement and look forward to a brighter future for mine-impaired rivers and streams in Colorado and nationwide.

Decades of work keeps Rio Grande cutthroat trout off Endangered Species list

Photo courtesy of CPW

Dec. 12, 2024

MONTE VISTA, Colo. – Decades of work by Colorado Parks and Wildlife staff and partner organizations was recognized this week when the U.S. Fish and Wildlife Service announced its decision to not list the Rio Grande cutthroat trout under the Endangered Species Act (ESA).

Colorado Parks and Wildlife commended the USFWS for its Dec. 9 decision that acknowledged the critical partnerships that have ensured the species is not in danger of extinction or likely to become in danger of extinction in the foreseeable future.

“CPW staff have worked tirelessly for decades to ensure Rio Grande cutthroat trout continue to persist,” said Matt Nicholl, CPW’s Assistant Director of Aquatic Wildlife. “The responsibility of successfully managing this species deeply aligns with our mission, and we are thankful for the continued support and collaboration with all of the partners who have made this announcement possible.”

CPW, along with several agencies and species experts, consulted with the USFWS during its status review for the Rio Grande cutthroat trout.

Since 2003, CPW and multiple partners, including federal agencies, states, tribes, municipalities, non-government organizations and private landowners, have worked to conserve the species and implement long-term management actions to ensure their persistence.

The collaborative framework of the group was updated in 2013 and again in 2023 with a conservation agreement and conservation strategy that outlined long-term conservation objectives for the species.

CPW aquatic biologist Estevan Vigil holds Rio Grande cutthroat trout during wild spawning operations.

“This decision is in response to all of our hard work between all of our partners,” said CPW aquatic biologist Estevan Vigil. “The whole Rio Grande Cutthroat Conservation Team, this is a win for all of us and shows we’re working hard to conserve the species without making that federal protection necessary and that we are making gains for the species.

“The decision to not list the Rio Grande cutthroat doesn’t mean we can stop. It just means we are on the right track.”

The Rio Grande Cutthroat Trout Conservation Team meets in January each year to coordinate rangewide goals and objectives. Vigil said the team serves to provide checks and balances to each other to make sure holistic goals are met.

“Following that meeting, we all go back to the areas we manage and divide and conquer all summer to meet the goals set of conserving this species,” Vigil said. “Through this shared commitment to collaborate and take actions, the future for this native species is bright throughout the Rio Grande Basin.”

Rio Grande cutthroat trout ​can be found in high elevation streams and lakes of the Rio Grande, Canadian and Pecos River drainages in Colorado and New Mexico, giving it the southern-most distribution of any form of cutthroat trout. It now occupies only 12 percent of its historic habitat in approximately 800 miles of streams. Biologists estimate that 127 conservation populations now exist in the two states, and 57 of those populations are considered to be secure.

The conservation team has conducted 13 reclamation projects to restore the fish to its native streams in the past decade, and additional projects in Colorado will soon lead to further conservation populations.

Threats to Rio Grande cutthroats primarily come from non-native trout such as brook, brown and rainbow trout. Those fish will outcompete, prey upon and hybridize with Rio Grande cutthroats. Additional threats include habitat degradation, dewatering, drought and whirling disease. As a result, pure populations of Rio Grande cutthroat trout are restricted primarily to headwater streams.​ 

Recognizing declines, CPW initiated conservation efforts for this species in the early 1980s. Work included genetic testing, invasive species removal, habitat protection and enhancement, and broodstock development. 

CPW also identified the Rio Grande cutthroat as a Tier I Species of Greatest Conservation Need under the State Wildlife Action Plan.

Over the past three decades, CPW and its partners have added 94 populations of pure Rio Grande cutthroats for a total of 238.5 miles of stream. This has been accomplished through chemical reclamations and numerous habitat and connectivity enhancements related to these species.

In Colorado, Rio Grande cutthroats are spawned in the wild by CPW biologists and eggs are raised at the Monte Vista Hatchery. Since 2020, CPW has stocked 24 waters with Rio Grande cutthroats raised at the hatchery.

CPW was able to announce a new conservation population of Rio Grande cutthroat trout in 2023 when a survey revealed multiple age classes of the species following a successful 2015 restoration project on the Roaring Fork drainage upstream of Goose Creek in the Weminuche Wilderness. The project added eight miles of pure Rio Grande cutthroat stream.

Recent reclamation projects have also been conducted on the North Fork and South Fork of Trinchera Creek, Sand Creek, and Rito Hondo Reservoir, but those populations won’t count as conservation populations until future surveys reveal multiple age classes of Rio Grande cutthroats. CPW’s goal is to create a new broodstock population at Rito Hondo.

“We are continuing to reclaim waters for native cutthroat trout by removing non-native fish and restocking with natives,” Vigil said. “We have a lot of projects and some in the process of being rebuilt. We know we are making good progress on the conservation of the species, and this is confirmation we are doing our jobs correctly and making progress.”

Over the past two years, species experts from CPW have served on the Technical Advisory Team to support USFWS in developing a Species Status Assessment (SSA). This included providing thorough input on early drafts of the SSA and enhancing the scientific accuracy and defensibility of this document to support an informed listing decision.

“CPW biologists played a significant role in the writing of this strategy, which details specific conservation actions and collaborative approaches that will reduce and/or eliminate threats to the long-term viability of the species,” said CPW Senior Aquatic Biologist Jim White. “Following this announcement from the USFWS, we look forward to continued partnership with the conservation team as we continue to advance conservation goals for these unique species.”

CPW thanks all of the partners that have helped lead to the success of Rio Grande cutthroat trout recovery:

  • Trout Unlimited

  • New Mexico Department of Game and Fish 

  • U.S. Fish and Wildlife Service

  • U.S. Forest Service

  • Bureau of Land Management

  • National Park Service

  • Jicarilla-Apache Nation 

  • Mescalero-Apache Nation

  • Taos Pueblo Tribe

  • Western Native Trout Initiative

  • Coalition of Colorado Counties

  • Turner Enterprises, Inc

A watershed moment: Congress passes legislation to address toxic legacy of abandoned mines

Colorado has approximately 23,000 abandoned mines throughout the state, of which, more than 230 are known as draining mines that are currently causing environmental damage. More than 1,600 miles of Colorado streams and rivers are impaired by acid mine drainage.

From Trout Unlimited

Bipartisan “Good Samaritan” legislation will pave the way for long-awaited cleanups of toxic mine waste 

Contacts: 

  • Zoe Bommarito, National Advocacy Communications Director, Trout Unlimited – zoe.bommarito@tu.org, 517-604-1844 

WASHINGTON, D.C. – Today, in a historic bipartisan achievement two decades in the making, the U.S. House of Representatives passed the Good Samaritan Remediation of Abandoned Hardrock Mines Act (S.2781 / H.R.7779). The legislation is expected to be signed into law by President Biden. This long-sought legislation will pave the way for Trout Unlimited, state agencies, and other third parties to increase the pace and scale of efforts to clean up abandoned hardrock mines, tens of thousands of which are polluting waterways across the country. 

The legislation was championed by U.S. Sens. Martin Heinrich (D-NM) and Jim Risch (R-ID) and U.S. Reps. Celeste Maloy (R-UT), Mary Peltola (D-AK), and Susie Lee (D-NV). It cleared the Senate by unanimous consent in July. Congress has debated Good Samaritan legislation for more than two decades. Trout Unlimited thanks Speaker Mike Johnson and Minority Leader Hakeem Jeffries for their bipartisan support in bringing the legislation to the House floor.

“Today marks an important step toward cleaning up our nation’s rivers and streams,” said Chris Wood, President and CEO of Trout Unlimited. “Over 40 percent of small mountain streams in the West are polluted by heavy metals from abandoned mines. This bill is about clean water and healthy communities. It will make it possible for organizations that had nothing to do with the causes of pollution to make our rivers and streams cleaner. We commend Congress for taking this critical step, and especially thank Senators Heinrich and Risch, along with Representatives Maloy, Peltola and Lee, for their leadership in bringing Good Samaritan legislation over the finish line.” 

Abandoned mines are historic mine sites – often a century old or more – where there are no parties that can be held responsible for cleaning up mine waste. Current federal laws treat organizations that volunteer to clean up these abandoned mines—including state agencies and private non-profits groups like Trout Unlimited—as if they are the very polluters who left behind the mine waste.  

This creates daunting obstacles that prevent abandoned mine cleanups, including complicated permitting and long-term legal and financial liability for any remaining mine pollution.  

“Clean water and healthy fish and wildlife habitat are values that unite us,” said Corey Fisher, Public Policy Director at Trout Unlimited. “For too long, toxic hardrock mine waste has polluted rivers, causing downstream impacts to communities and wildlife. This common-sense law will give us a critical tool to turn the tide, restoring clean water to watersheds across the West and beyond.” 

The Good Samaritan legislation establishes a new program under the Environmental Protection Agency (EPA), providing limited liability protections for up to 15 low-risk abandoned mine cleanup pilot projects conducted by state agencies, tribes, and qualified volunteer parties.  

Trout Unlimited, the leading conservation organization dedicated to restoring America’s rivers, recovering trout and salmon, and conserving clean water, has long championed the need for Good Samaritan protections to accelerate cleanup efforts. The organization played a pivotal role in advocating for the legislation, drawing on decades of on-the-ground restoration experience to raise awareness about the urgent need for action. 

“Colorado voices have long called for legislation to empower Good Samaritans to conduct mine remediation projects, and with more than 23,000 abandoned mines statewide, the significance for our waters is clear. We look forward to seeing one or more pilot projects under this bill take place here in Colorado, so that we and our partners can finally roll up our sleeves and get to work improving water quality. Colorado’s U.S. Senators have been leaders on Good Samaritan legislation for decades, and we thank Senators Bennet and Hickenlooper for all their hard work and dedication in bringing this commonsense legislation to fruition,” said David Nickum, Executive Director, Colorado Trout Unlimited.

Learn more about Good Samaritan legislation at https://www.tu.org/good-samaritan. 

Frostbite Fish-Off Set For February 1st

The Southern Colorado Greenback chapter has announced it’s annual Frostbit Fish-off is set for February 1st

2025 Frostbite Fish Off Tournament 
Thank you to our Title Sponsor Tim Berdahl and Mountain Aire Mechanical 

The Frostbite Fish Off is a fundraising tournament that offers teams of two anglers the chance to compete for great prizes while raising money for restoration efforts on the Pueblo Tailwater and youth outreach programs in the area.  The "Beat Drawing" takes place Friday, January 31st from 6-8pm and tournament fishing starts promptly Saturday morning at 9am and concludes at 5pm.  The banquet dinner and awards ceremony will be held Saturday evening from 6-9pm.

We're Hiring

Development Director

Colorado TU seeks a candidate with successful fundraising experience including developing strategic fundraising plans for campaigns or organizations, with strong interpersonal skills, and a deep commitment to coldwater conservation, to serve as the organization’s Development Director. Colorado TU relies on a diversified mix of funding including government and private sector grants and other restricted gifts, unrestricted individual and corporate giving, and events including an annual gala.

Restoration on the West Fork of the Dolores River

The Dolores River Anglers chapter of Trout Unlimited proudly announces the successful completion of a vital restoration project on the West Fork of the Dolores River. This project marks a significant achievement in their ongoing efforts to preserve and enhance trout habitats in the greater Four Corners area.

The West Fork: A Vital Tributary

Rising in the Navajo Lake basin near Lizard Head Pass, the West Fork of the Dolores River travels approximately 37 miles through diverse landscapes, including forests, ranches, farms, and residential areas, before joining the main stem of the Dolores River. This tributary is essential not only for its length and size but also for its role in delivering supplemental water to McPhee Reservoir and supporting a complex network of water rights and allocations. 

The Challenge

Historically, the West Fork has been a haven for all four species of trout, offering extensive habitats and recreational opportunities. However, human activities and climate change have taken a toll, particularly in the lower reaches, leading to a decline in trout populations. The lower river has suffered from "structural starvation," lacking the diverse features necessary for healthy trout habitats, and "trophic starvation," with an insufficient food chain base to support robust populations. 

The Solution: Process-Based Restoration

To address these issues, Dolores River Anglers implemented a process-based restoration (PBR) approach, which emphasizes working with natural river processes to achieve sustainable outcomes. The project focused on a 500-foot section of degraded riverbank and trout habitat along a meander of the West Fork. 

Restoration Techniques and Success

Using natural channel design techniques, the project team regraded riverbanks to a stable slope, reconstructed the channel width, and enhanced trout habitats with boulder structures and logs. Specifically, they installed three j-hook vanes, nine large-rock clusters, and partially embedded Large Woody Debris. Additionally, the banks were revegetated with willows, shrubs, and grass seed to stabilize the soil. These efforts have successfully recreated diverse trout habitats, including pool-riffle sequences and overhanging vegetation, ensuring a thriving environment for trout. 

Looking Ahead

The successful completion of this project stands as a testament to the dedication and expertise of the Dolores River Anglers chapter. By restoring the structural complexity and food chain base of the West Fork, they have made significant strides in preserving this critical waterway for future generations of anglers and outdoor enthusiasts. 

As this win is celebrated, Dolores River Anglers remain committed to ongoing conservation efforts, ensuring that the Dolores River and its tributaries continue to provide essential habitats for trout and other wildlife.

Corral Creek – Another Step Toward Greenback Restoration

Colorado TU staff recently joined colleagues from the U.S. Forest Service for a site visit to the Corral Creek fish passage and temporary barrier project site, to inspect work completed this year. Winter weather has already set into the project area, and driving to the project site proved challenging though the Forest Service jeep, with the assistance of chains, was able to make it.

The Corral Creek fish passage/barrier project is a unique combination of a long-term fish passage structure – a larger culvert with a simulated streambed bottom to facilitate free passage by fish – along with a temporary barrier to isolate the upstream habitat for native fish until downstream areas can also be restored to native fish habitat, at which point the barrier will be removed to reconnect the habitat. The installation is a challenging one, managing a roadway, appropriate culvert and fish passage features, a large steel-plate barrier, and a downstream concrete splash pad and rock apron, all of which need to work together to achieve the required end result. Corral Creek is just one phase of the larger Poudre Headwaters Project, aiming to restore Greenback cutthroat trout to nearly 40 miles of connected habitat in a series of phased restoration efforts.

When we arrived, we were greeted by an impressive sight: the large natural-stream-bottom culvert that was previously installed now has the steel plate fish barrier mounted at its outlet, pooling water up through the culvert and above the road crossing while creating a five-foot drop to prevent upstream movement of non-native fish from below the culvert. With the winter weather, ice had formed all along the face of the barrier wall, creating a frozen waterfall on the downstream side of the road crossing.

The inspection did yield at least one area needing additional work in the new year – the road will need to be widened additionally over the culvert to meet road specifications. Colorado TU’s contractor will work on that final task when weather allows in late spring/early summer of 2025. We will return to the site for further inspection after snowmelt to verify that other aspects of the project are operating as intended. Once work on the barrier is completed and its effectiveness confirmed, Colorado Parks and Wildlife, the Forest Service, and TU will collaborate on removal of non-native fish above the barrier – followed by reintroduction of Greenback cutthroat trout into their newly restored home in upper Corral Creek.

From Colorado to New Zealand – Treat Yourself to Fishing and Support Conservation

It’s the season of giving, and a few of our partners have some great deals that give back to Colorado TU.

RareWaters Season Pass

RareWaters continues to support CTU efforts in Colorado. For a limited time, all TU members who purchase a 2025 RareWaters Season Pass using code "TU20" will receive 20% off – that’s $500 in savings and RareWaters donates $250 of your purchase directly to CTU. The 2025 RareWaters Season Pass offers unlimited fishing on over 100 miles of epic water with many perks included with your membership, including an introductory membership to Trout Unlimited that you can share with your friends. Enter “TU20” at checkout to grab your 2025 RareWaters Season Pass Membership pass today.

fish new zealand

For a limited time, you can fish New Zealand and support CTU. Distant Waters New Zealand is offering a special limited time trip including airfare. TU members will save $1,500, and a portion of your purchase is donated to CTU.

Colorado Gives Day

You don't have to wait until December 10th to make a difference!

Donate anytime from now until December 10th to support Colorado Trout Unlimited.

Join us in efforts such as reconnecting crucial spawning tributaries, restoring native cutthroat trout populations, educating the next generation, cleaning up abandoned mines, and advocating for water quality across urban fisheries and pristine high-mountain streams. CTU and its 22 chapters statewide are dedicated to the ongoing conservation, protection, and restoration of Colorado's coldwater habitats.

Even a small contribution can create a significant impact. Seize this opportunity to make a difference – it's the perfect day to give back.

We also have two critical matching options this year:

Sacramento Gulch Mill Restoration with Anglers All
The Sacramento Gulch Mill Site reclamation project proposes to reclaim approximately 2,500 cubic yards of mine waste rock, ore stockpile, and a mill pad near the town of Fairplay. Your support will help restore this critical watershed area. Anglers All will match donations up to $10,000!

CTU Headwaters Youth Programs
Empower Colorado's youth through our conservation programs. We have a $7,500 matching gift thanks to generous supporters!

You don't have to wait, you can donate today!