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Document Type

Comment

Subject Area

Land & Water Division

Abstract

The headwaters of the Colorado River Basin supply nearly 90% of the river’s flow and are among the most hydrologically sensitive areas in the U.S. During the nineteenth and early twentieth centuries, westward expansion and the allure of gold and other valuable minerals drove thousands of miners into the basin. When the mining boom ended, the mines were left behind. Today, thousands of abandoned hardrock mine sites continue to leach acidity and heavy metals into streams, leaving a lasting impact on water quality. For decades, strict environmental liability laws made cleanup nearly impossible, creating a chilling effect that discouraged even well‑intentioned remediation. Congress attempted to change this dynamic with the Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024, which launched a pilot program limiting liability for third parties who take on cleanup projects. This Comment argues that while the Act is a step forward, Congress should (1) improve funding opportunities for abandoned mine remediation projects by establishing a hardrock royalty, and (2) make the Good Samaritan Program permanent rather than allowing it to sunset after the pilot period. Additionally, the U.S. Environmental Protection Agency should issue guidance prioritizing projects in headwater areas, those with potential for responsible critical mineral and rare earth element reprocessing, and those that meaningfully engage with local communities. Expanding the program in these ways would accelerate cleanup, protect water resources, and ensure reclamation delivers ecological, economic, and social benefits across the basin.

DOI

10.59643/1942-9916.1538

Rights

Copyright © 2026 by the Wyoming Law Review unless otherwise noted. Except as otherwise provided, copies of any article may be made for classroom use, provided that: (1) Copies are distributed at or below cost; (2) The author and journal are identified; (3) Proper notice of copyright is affixed to each copy; and (4) The Wyoming Law Review is notified of the use.

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