Utah’s $1.9 billion claim from Gold King Mine spill offers no specifics on estimated costs
Dan Bender, with the La Plata County Sheriff's Office, takes a water sample from the Animas River near Durango, Colo., Thursday, Aug. 6, 2015. The U.S. Environmental Protection Agency said that a cleanup team was working with heavy equipment Wednesday to secure an entrance to the Gold King Mine. Workers instead released an estimated 1 million gallons of mine waste into Cement Creek, which flows into the Animas River. (Jerry McBride/The Durango Herald via AP) MANDATORY CREDIT
The Utah Attorney General’s Office provided a copy of the claim to The Associated Press Wednesday.
The claim stems from the release of 3 million gallons of wastewater from the inactive Gold King Mine in southwestern Colorado in August 2015. An EPA-led contractor crew inadvertently triggered the spill.
The spill polluted rivers in Colorado, New Mexico and Utah and turned some waterways an orange-yellow color. Indian lands were also affected.
Farmers and utilities temporarily stopped drawing water from the rivers, and rafting companies had to suspend operations. The EPA said water quality quickly returned to pre-spill levels.
Utah’s claim from the spill is believed to be the largest of 144 filed under the Federal Tort Claims Act, which allows people to seek government compensation without a lawsuit. The claims seek payment for lost crops, livestock, wages and income and other damages.
The Navajo Nation filed a claim for $162 million and the state of New Mexico for $130 million. Both have also filed lawsuits against the federal government.
Utah also filed suit, but it named mine owners and EPA contractors as defendants, not the government.
The EPA said January it was prevented by law from paying any of the damages under the Tort Claims Act, angering many. EPA Administrator Scott Pruitt, who took over after President Donald Trump assumed office, has said the agency will reconsider at least some of the claims.
Utah’s claim cites damage to the San Juan River and Lake Powell, a vast reservoir on the Colorado River which the San Juan feeds into. It also cites damage to other waterways, underground water, soil, sediment, wildlife and other, unspecified natural resources.
It does not say how state officials arrived at the $1.9 billion figure.
Dan Burton, a spokesman for Attorney General Sean Reyes, said the state’s lawyers came up with the number after consulting with Utah Department of Environmental Quality scientists and others.
“We’ve looked at other environmental claims across the country and throughout history to identify what has happened in those situations and what the costs were,” Burton said.
“We can always lower it,” he said. “We just can’t raise it.”
Burton said state officials have been negotiating with the EPA on a settlement but he declined to offer details.
In a Monday, Aug. 10, 2015 photo, environmental restoration employees work at a temporary water treatment holding facility at the Gold King Mine north of Silverton, Colo. Local officials in towns downstream from where millions of gallons of mine waste spilled into the San Juan River are demanding answers about possible long-term threats to the water supply. The 3 million gallons of mine waste included high concentrations of arsenic, lead and other heavy metals. Workers with the EPA accidentally unleashed the spill Wednesday as they inspected the abandoned mine site. (Jon Austria/The Daily Times via AP)
Pete McKay, San Juan County commissioner in Colorado, looks at the site, Monday, Aug. 10, 2015, where the Gold King Mine breach occurred, north of Silverton, Colo. Local officials in towns downstream from where millions of gallons of mine waste spilled into the San Juan River are demanding answers about possible long-term threats to the water supply. The 3 million gallons of mine waste included high concentrations of arsenic, lead and other heavy metals. Workers with the EPA accidentally unleashed the spill Wednesday as they inspected the abandoned mine site. (Jon Austria/The Daily Times via AP)
People kayak in the Animas River near Durango, Colo., Thursday, Aug. 6, 2015, in water colored from a mine waste spill. The U.S. Environmental Protection Agency said that a cleanup team was working with heavy equipment Wednesday to secure an entrance to the Gold King Mine. Workers instead released an estimated 1 million gallons of mine waste into Cement Creek, which flows into the Animas River. (Jerry McBride/The Durango Herald via AP) MANDATORY CREDIT
Dan Bender, with the La Plata County Sheriff's Office, takes a water sample from the Animas River near Durango, Colo., Thursday, Aug. 6, 2015. The U.S. Environmental Protection Agency said that a cleanup team was working with heavy equipment Wednesday to secure an entrance to the Gold King Mine. Workers instead released an estimated 1 million gallons of mine waste into Cement Creek, which flows into the Animas River. (Jerry McBride/The Durango Herald via AP) MANDATORY CREDIT
As the Animas River begins to recede it reveals a sludge left behind just north of Durango Colo., on Friday, Aug. 7, 2015, from the Gold King Mine spillage that happened on Wednesday north of Silverton Colo. Federal environmental officials say it's too early to know whether heavy metals that spilled into a river from a Colorado mine pose a health risk. (Jerry McBride(/The Durango Herald via AP)
Water flows through one in a series of retention ponds built to contain and filter out heavy metals and chemicals from the Gold King mine wastewater accident, in the spillway about 1/4 mile downstream from the mine, outside Silverton, Colo., Wednesday, Aug. 12, 2015. The Environmental Protection Agency has taken full responsibility for the mine waste spoiling rivers downstream from Silverton, but people who live near the idled and leaking Gold King mine say local authorities and mining companies spent decades spurning federal cleanup help. (AP Photo/Brennan Linsley)
The Cement Creek flows down a valley a few miles downstream from the Gold King mine, where a wastewater accident several days earlier has raised alarm, outside Silverton, Colo., Wednesday, Aug. 12, 2015. The Environmental Protection Agency has taken full responsibility for the mine waste spoiling rivers downstream from Silverton, but people who live near the idled and leaking Gold King mine say local authorities and mining companies spent decades spurning federal cleanup help. (AP Photo/Brennan Linsley)
Water flows down from the Gold King mine, where several days earlier an accident led to the release of heavy metals and chemical-laden wastewater, outside Silverton, Colo., Wednesday, Aug. 12, 2015. The Environmental Protection Agency has taken full responsibility for the mine waste spoiling rivers downstream from Silverton, but people who live near the idled and leaking Gold King mine say local authorities and mining companies spent decades spurning federal cleanup help. (AP Photo/Brennan Linsley)
Water flows through a series of retention ponds built to contain and filter out heavy metals and chemicals from the Gold King mine wastewater accident, in the spillway about 1/4 mile downstream from the mine, outside Silverton, Colo., Wednesday, Aug. 12, 2015. The EPA has taken full responsibility for the mine waste spoiling rivers downstream from Silverton, but people who live near the idled and leaking Gold King mine say local authorities and mining companies spent decades spurning federal cleanup help. (AP Photo/Brennan Linsley)
Water flows through one in a series of retention ponds built to contain and filter out heavy metals and chemicals from the Gold King mine wastewater accident, in the spillway about 1/4 mile downstream from the mine, outside Silverton, Colo., Wednesday, Aug. 12, 2015. The Environmental Protection Agency has taken full responsibility for the mine waste spoiling rivers downstream from Silverton, but people who live near the idled and leaking Gold King mine say local authorities and mining companies spent decades spurning federal cleanup help. (AP Photo/Brennan Linsley)
Water flows through a series of retention ponds built to contain and filter out heavy metals and chemicals from the Gold King mine wastewater accident, in the spillway about 1/4 mile downstream from the mine, outside Silverton, Colo., Wednesday, Aug. 12, 2015. The Environmental Protection Agency has taken full responsibility for the mine waste spoiling rivers downstream from Silverton, but people who live near the idled and leaking Gold King mine say local authorities and mining companies spent decades spurning federal cleanup help. (AP Photo/Brennan Linsley)
Water flows through a series of retention ponds built to contain and filter out heavy metals and chemicals from the Gold King mine wastewater accident, in the spillway about 1/4 mile downstream from the mine, outside Silverton, Colo., Wednesday, Aug. 12, 2015. The EPA has taken full responsibility for the mine waste spoiling rivers downstream from Silverton, but people who live near the idled and leaking Gold King mine say local authorities and mining companies spent decades spurning federal cleanup help. (AP Photo/Brennan Linsley)
FILE - In this Aug. 14, 2015, file photo, water flows through a series of sediment retention ponds built to reduce heavy metal and chemical contaminants from the Gold King Mine wastewater accident, in the spillway downstream from the mine, outside Silverton, Colo. The massive mine waste spill in southwestern Colorado contributed to water quality problems for up to nine months, the Environmental Protection Agency said Friday, Jan. 6, 2017. Contamination from the August 2015 spill at the Gold King Mine may also have caused pollution problems last year when annual spring snowmelt swelled rivers. (AP Photo/Brennan Linsley, file)
Kim Cofman and her daughters Acacia, 12, left, and Cayenne, 14, try to stir up sludge from the Gold King Mine that covers the bottom the Animas River on Saturday, Aug. 8, 2015, in Durango, Colo., near the 32nd Street Bridge but find the only way to disturb it is to dig into the yellow muck. Toxic waste is still flowing from the Gold King Mine. (Jerry McBride/The Durango Herald via AP)
Water flows through a series of sediment retention ponds built to reduce heavy metal and chemical contaminants from the Gold King Mine wastewater accident, in the spillway about 1/4 mile downstream from the mine, outside Silverton, Colo., Friday, Aug. 14, 2015. Officials have said that federal contractors accidentally released more than 3 million gallons of wastewater laden with heavy metals last week at the Gold King Mine near Silverton. The pollution flowed downstream to New Mexico and Utah. (AP Photo/Brennan Linsley)
Ducks wade in the Animas River as orange sludge from a mine spill upstream flows past Berg Park in Farmington, N.M., Saturday, Aug. 8, 2015. About 1 million gallons of wastewater from Colorado's Gold King Mine began spilling into the Animas River on Wednesday when a cleanup crew supervised by the Environmental Protection Agency accidentally breached a debris dam that had formed inside the mine. The mine has been inactive since 1923( Alexa Rogals/The Daily Times via AP)
Travis Sells, of Farmington, N.M., looks at the orange sludge from a mine spill upstream flowing past Berg Park in Farmington Saturday, Aug. 8, 2015. About 1 million gallons of wastewater from Colorado's Gold King Mine began spilling into the Animas River on Wednesday when a cleanup crew supervised by the Environmental Protection Agency accidentally breached a debris dam that had formed inside the mine. The mine has been inactive since 1923. (Alexa Rogals/The Daily Times via AP)
Onlookers view the Animas River from a bridge as orange sludge from a mine spill upstream flows past Berg Park in Farmington, N.M., Saturday, Aug. 8, 2015. About 1 million gallons of wastewater from Colorado's Gold King Mine began spilling into the Animas River on Wednesday when a cleanup crew supervised by the Environmental Protection Agency accidentally breached a debris dam that had formed inside the mine. The mine has been inactive since 1923. (Alexa Rogals/The Daily Times via AP)
In this Aug. 12, 2015 photo, an Environmental Protection Agency contractor works on the cleanup in the aftermath of the blowout at the Gold King Mine, overseeing water flowing from the mine into a series of sediment retention ponds, mitigating damage from the spill of toxic wastewater, outside Silverton, Colo. Farmers, business owners and residents initially said they suffered $1.2 billion in lost income, property damage and personal injuries from the 2015 spill at the Gold King Mine. The total now appears to be about $420 million after attorneys for a handful of New Mexico property owners slashed their claims by $780 million. (AP Photo/Brennan Linsley)
A warning sign from the city is displayed in front of the Animas River as orange sludge from a mine spill upstream flows past Berg Park in Farmington, N.M., Saturday, Aug. 8, 2015. About 1 million gallons of wastewater from Colorado's Gold King Mine began spilling into the Animas River on Wednesday when a cleanup crew supervised by the Environmental Protection Agency accidentally breached a debris dam that had formed inside the mine. The mine has been inactive since 1923. (Alexa Rogals/The Daily Times via AP)
The Animas River is still flowing with toxic waste from the Gold King Mine on Saturday, Aug. 8, 2015, as seen from the 32nd Street Bridge in Durango, Colo., as the Durango & Silverton Narrow Gauge Railroad train goes by. (Jerry McBride/The Durango Herald via AP)
This Thursday, Aug. 13, 2015 photo shows the site of the blowout at the Gold King mine which triggered a major spill of toxic wastewater, outside Silverton, Colo. It will take years, if not decades, and many millions of dollars to clean up and manage the toxic wastewater from a this Colorado mine that unleashed a 100-mile-long torrent of heavy metals, affecting the livelihoods of residents in three states, according to some experts. (AP Photo/Brennan Linsley)
A toxic sludge flows down the Animas River through Durango Colo, on Friday, Aug. 7, 2015, after the Gold King Mine north of Silverton Colo., spilled heavy minerals into the river on Wednesday. Federal environmental officials say it's too early to know whether heavy metals that spilled into a river from a Colorado mine pose a health risk. (Jerry McBride(/The Durango Herald via AP)
FILE - In this Aug. 12, 2015 file photo, Environmental Protection Agency contractors use heavy machinery to repair damage at the site of the blowout at the Gold King mine which triggered a major spill of toxic wastewater, outside Silverton, Colo. Federal officials say they have suspended cleanup work and investigations covering 10 mining sites in four states to guard against a repeat of last months massive wastewater spill from an inactive Colorado gold mine. Details provided to The Associated Press show the order applies to three sites in California, four in Colorado, two in Montana and one in Missouri. (AP Photo/Brennan Linsley, file)
FILE - In this Aug. 14, 2015 file photo, an Environmental Protection Agency contractor keeps a bag of lime on hand to correct the PH of mine wastewater flowing into a series of sediment retention ponds, part of danger mitigation in the aftermath of the blowout at the site of the Gold King Mine, outside Silverton, Colo. Federal officials say they have suspended cleanup work and investigations covering 10 mining sites in four states to guard against a repeat of last months massive wastewater spill from an inactive Colorado gold mine. Details provided to The Associated Press show the order applies to three sites in California, four in Colorado, two in Montana and one in Missouri. (AP Photo/Brennan Linsley, file)
Water flows down Cement Creek just below the site of the blowout at the Gold King mine which triggered a major spill of toxic wastewater, outside Silverton, Colo., Thursday, Aug. 13, 2015. It will take years, if not decades, and many millions of dollars to clean up and manage the toxic wastewater from a this Colorado mine that unleashed a 100-mile-long torrent of heavy metals, affecting the livelihoods of residents in three states, according to some experts. (AP Photo/Brennan Linsley)
Wastewater flows down a trough, right, from the site of the blowout at the Gold King mine which triggered a major spill of toxic wastewater, outside Silverton, Colo., Thursday, Aug. 13, 2015. It will take years, if not decades, and many millions of dollars to clean up and manage the toxic wastewater from a this Colorado mine that unleashed a 100-mile-long torrent of heavy metals, affecting the livelihoods of residents in three states, according to some experts. (AP Photo/Brennan Linsley)
Hydrologic Technician Ryan Parker gathers water samples from the San Juan River, Tuesday, Aug. 11, 2015, in Montezuma Creek, Utah. A spill containing lead and arsenic from the abandoned Gold King Mine in Silverton, Colo., leaked into the Animas River, which flows into the San Juan River in southern Utah, on Aug. 5. The spill was caused by a mining and safety team working for the EPA. (AP Photo/Matt York)
Ben Brown, with the Utah Department of Environmental Quality, filters a water sample from the San Juan River, Tuesday, Aug. 11, 2015, in Montezuma Creek, Utah. A spill containing lead and arsenic from the abandoned Gold King Mine in Silverton, Colo., leaked into the Animas River, which flows into the San Juan River in southern Utah, on Aug. 5. The spill was caused by a mining and safety team working for the EPA. (AP Photo/Matt York)
Hydrologic Technician Ryan Parker gathers water samples from the San Juan River, Tuesday, Aug. 11, 2015, in Montezuma Creek, Utah. A spill containing lead and arsenic from the abandoned Gold King Mine in Silverton, Colo., has been leaking into the Animas River, which flows into the San Juan River in Southern Utah, since last Wednesday. The spill was caused by a mining and safety team working for the EPA. (AP Photo/Matt York)
Hydrologic Technician Ryan Parker carries a water sample from the San Juan River, Tuesday, Aug. 11, 2015, in Montezuma Creek, Utah. A spill containing lead and arsenic from the abandoned Gold King Mine in Silverton, Colo., leaked into the Animas River, which flows into the San Juan River in Southern Utah, on Aug. 5. The spill was caused by a mining and safety team working for the EPA. (AP Photo/Matt York)
Navajo Nation Council Delegate Davis Filfred walks along the San Juan River, Tuesday, Aug. 11, 2015, in Montezuma Creek, Utah. A spill containing lead and arsenic from the abandoned Gold King Mine in Silverton, Colo., leaked into the Animas River, which flows into the San Juan River in southern Utah, on Aug. 5. The spill was caused by a mining and safety team working for the EPA. (AP Photo/Matt York)
Wastewater flows from a trough and down a steep ravine at the site of the blowout at the Gold King mine which triggered a major spill of toxic wastewater, outside Silverton, Colo., Thursday, Aug. 13, 2015. It will take years, if not decades, and many millions of dollars to clean up and manage the toxic wastewater from a this Colorado mine that unleashed a 100-mile-long torrent of heavy metals, affecting the livelihoods of residents in three states, according to some experts. (AP Photo/Brennan Linsley)
Ben Brown, with the Utah Department of Environmental Quality, left, collects a water sample from the San Juan River from hydrologic technician Ryan Parker, Tuesday, Aug. 11, 2015, in Montezuma Creek, Utah. A spill containing lead and arsenic from the abandoned Gold King Mine in Silverton, Colo., leaked into the Animas River, which flows into the San Juan River in southern Utah, on Aug. 5. The spill was caused by a mining and safety team working for the EPA. (AP Photo/Matt York)
Ben Brown, with the Utah Department of Environmental Quality, takes a pH level reading from a probe in the San Juan River, Tuesday, Aug. 11, 2015, in Montezuma Creek, Utah. A spill containing lead and arsenic from the abandoned Gold King Mine in Silverton, Colo., leaked into the Animas River, which flows into the San Juan River in southern Utah, on Aug. 5. The spill was caused by a mining and safety team working for the EPA. (AP Photo/Matt York)
Donna Kemp Spangler, a spokeswoman for the Utah Department of Environmental Quality, said the state is still trying to assess the damage from the spill.
“I don’t think we know the extent yet,” she said.
The state has said previously it detected elevated levels of aluminum and other metals in the San Juan River. Officials have also said they expect river flows to deposit some of the metals from the spill in Lake Powell.
The EPA-led crew was using heavy equipment to excavate the mine opening in preparation for a possible cleanup when a worker breached a debris pile that was holding back wastewater in the shaft. The water flowed into Cement Creek and then the Animas River in Colorado. The Animas joins the San Juan River in New Mexico before the San Juan crosses into Utah.
The EPA estimates that nearly 540 U.S. tons of metals reached the Animas, mostly iron and aluminum.
After the spill, the EPA designated the Gold King and 47 other mining sites in the area a Superfund district and is reviewing options for a broad cleanup.