This paper exposes the need to give greater attention to the correlation between past mining activities and the degraded water quality in the Animas watershed. An amendment to section 402 of the CWA would serve as a means to create a National Pollution Discharge Elimination System (NPDES) permit specifically for accomplishing the partial cleanup of abandoned mines by third-party volunteers seeking to improve watershed quality in areas such as Silverton and San Juan County. By drafting a bill that addresses the concerns of various interest groups such as environmentalists, mining corporations, and state and local agencies, an amendment to section 402 of CWA would serve in the remediation of several major draining mines that drain up to 800 gallons a minute of heavy metals such as, iron, zinc, copper, lead, cadmium, mercury and manganese into Cement Creek, a tributary to the Animas River. Such remediation action would go a long way to improve water quality, yet until the liability issues faced by Good Samaritans are addressed and resolved, all action is on hold.
