Mine vs. county

interests at stake



By RUTH HEIDE

ALAMOSA — The Colorado Supreme Court today will hear a case that could affect San Luis Valley counties’ control over mining operations.

The case revolves around a 2004 lawsuit by the Colorado Mining Association against Summit County regarding that county’s open pit cyanide mining ban but its outcome could affect similar bans in effect in Conejos and Costilla Counties as well as future actions regarding mining proposals in the Valley.

The Colorado Mining Association will argue before the state supreme court today that the state government should have sole authority over the placement of open-pit cyanide gold mines while Summit County legal counsel will argue that local governments should retain that control. The Colorado Court of Appeals earlier sided with the county, and the mining association chose to take the matter one step further to the state supreme court.

Jeff Parsons, senior attorney with Western Mining Action Project, said throughout the West and in Colorado the courts have generally upheld counties’ local control, “and that’s what we hope to affirm and preserve here in Colorado.”

If the Colorado Supreme Court rules in favor of the Colorado Mining Association, the decision would overturn decades of solid precedence favoring local control, Parsons said.

He said, “This is a precedent-setting case. This case will likely determine the extent of local government land use authority over mining operations in the state.”

He added that a win by the Colorado Mining Association in this case would affect all mining throughout the state, not just cyanide mining. “An adverse decision in this case could strip local government of authority over all mining in the state.”

Alliance for Responsible Mining President and San Luis Valley resident Dr. Colin Henderson said he was confident the Colorado Supreme Court would uphold its longstanding precedent favoring local control.

Henderson explained that Costilla, Conejos, Gunnison, Gilpin and Summit Counties enacted prohibitions to open pit cyanide gold mining to protect their water and other natural resources from the kind of damages already brought on by such San Luis Valley mines as Summitville and Battle Mountain Gold.

Conejos County Commissioner John Sandoval pointed to the negative downstream effects from the Summitville mine. “It has done so much to harm our local ecosystem, our wild rivers, the reservoirs in the area.”

He added, “It’s killed fish for miles and miles and miles.” He said, “All that water that is coming down from there is being used to irrigate the Valley floor.” That raises concerns for the safety of the crops grown with that water and the livestock and humans watered from that source, he said.

Sandoval said the water contamination has not been entirely repaired although millions of dollars have been spent to do so, but it is better.

Sandoval said the importance of local control in decision making extends beyond mining issues but also affects other land use issues. He said if that power is taken away and given to the state, then potentially life-changing decisions will be made by people unfamiliar with local demographics and issues.

Costilla County Commissioner Ed Vigil agreed. He said it is very important that local government play a big part in granting or denying mining operations in an area, particularly when it relates to cyanide mining. He said Costilla County is paying the price for Battle Mountain Gold’s failed promises to protect the environment. Contaminated groundwater in Costilla County could affect an entire town and an entire ecosystem, he said.

He and Sandoval said counties should have the option and the right to regulate land use.

Vigil added that he is concerned that decisions will be made not for the good of the communities that will be affected but for the maximum profit for the companies involved in the mining.

Gary Lindstrom, who was a Summit County commissioner at the time of the open pit cyanide ban and subsequent lawsuit, said Summit County has a huge mining history and has never been opposed to mining but does not want mining that will destroy the environment that draws visitors to Summit County. “The best government is local government,” he added. “The further government gets away from the people, the less effective government is.”

State Representative Randy Fischer said he has seen the devastating effects mining can have on local communities and has proposed legislation dealing with mining reforms and local control. He said he believed the statutes already provide for local control over mining.

If the Colorado Supreme Court decides against Summit County, Fischer said legislative action would probably be the only recourse since the supreme court is the highest court in the state, and he would be happy to carry legislation promoting local control over mining decisions.

Parsons said the supreme court will not make a decision on Tuesday, the day of the hearing, but will likely rule on the case in a few months.