Advocates aglow over new uranium mining regulations

By Dan MacArthur
North Forty News

A coalition of local legislators was critical to passage of a bill imposing stricter standards for developing and reclaiming uranium-mining operations, such as the one proposed in Weld County between Nunn and Wellington.

Gov. Bill Ritter on May 20 signed into law House Bill 1161 following its passage by overwhelming margins in the state legislature. House co-sponsors were Fort Collins Democrats Randy Fischer and John Kefalas. Republican Steve Johnson and Democrat Bob Bacon carried the measure in the senate.

The bill mandates that in-situ leach uranium mine operators meet stringent standards to prevent groundwater contamination and to assure that water remains at its original or better quality after they leave.

"I think it does accomplish all or most of what we intended," said Fischer. "If not, we may be back next year or some time in the future."

"Powertech can live with it," said company president Robert Clement.

In the in-situ process, oxygen and sodium bicarbonate are injected underground to dissolve the uranium and force it to the surface. The Canada-based Powertech Uranium Corp. plans to employ such an approach in its Centennial Project in northwestern Weld County.

The company expects the property, encompassing nine square miles, will produce some 9 million tons of uranium to meet the increasing worldwide demand for nuclear power plant fuel. Powertech now is pursuing federal, state and county permits for the facility in hopes of beginning mining in 2009.

Powertech insists that the in-situ approach is safer than traditional mining methods requiring excavation. Critics remain unconvinced, however, contending that the injections pose the potential for permanently polluting the aquifers that provide water for drinking and irrigation.

Organized as Coloradoans Against Resource Destruction, opponents recruited a diverse allegiance of allies including U.S. Rep. Marilyn Musgrave, the Larimer County Medical Society and the Fort Collins City Council--which passed a resolution opposing the project.

The Wellington Town Board also passed resolutions opposing the nearby uranium mine and supporting House Bill 1161.

Powertech in full-page newspaper advertisements challenged the credibility of the Fort Collins City Council resolution, insisting there was no substantiation for claims that in-situ extraction holds "inherent risks for groundwater contamination."

CARD pressed legislators for the bill in concert with groups such as the Colorado Water Congress, Colorado Counties Inc., Denver Water, Environment Colorado and the Rocky Mountain Farmers Union, according to outreach chair Jackie Adolph.

Although clearly directed at in-situ leach uranium mining, the bill also for the first time subjects conventional uranium mines to the same state oversight and standards applicable to other types of mines.

Under the legislation, those seeking in-situ leach uranium-mining permits must inform property owners within three miles of the mine sites of their intentions. Previously notification was limited to neighboring property owners only.

Applicants must present proof that similar mines have operated successfully in a contained manner without causing pollution of the groundwater.

Existing site conditions must be documented along with a plan for continued monitoring of the affected land and groundwater. Mining companies would be required to restore that groundwater to original or even more demanding state standards. Permits would be denied to those who could not demonstrate that ability. Reclamation must be completed within five years after it begins.

"While this legislation by no means solves all of the problems with in-situ leach uranium mining, especially in populated areas, it does offer a great minimum level of groundwater protection," stated CARD's Adolph.

Powertech's Clement said his company and the Colorado Mining Association helped shape the legislation and offered some amendments that were adopted.

"Originally it was not the quality of legislation that would be good for the state or the industry," he said.

"They helped to make the bill better in some ways," Fischer acknowledged, but added, "I think they would have preferred weaker groundwater standards."

"We can achieve the goals set forth in the legislation with the current technology," Clement said.

He also said that meeting the conditions contained in the legislation would result in using 20 percent more water in the mining operation than originally expected.