House Bill 1161 - The Land and Water Stewardship Act (and related rulemaking)
Updated November 23, 2010
Rulemaking page of the Colorado Division of Reclamation, Mining & Safety
MINERAL RULES AND REGULATIONS OF THE COLORADO MINED LAND RECLAMATION BOARD FOR HARD ROCK, METAL, AND DESIGNATED MINING OPERATIONS - Effective September 30, 2010(PDF 1,350 KB, 205 pages) The amendments to the rules governing uranium mining and mineral prospecting that were adopted August 12, 2010 have been incorporated into this document.
Email from Irene Stanton, Colorado Division of Reclamation, Mining & Safety, announcing that the new uranium mining and mineral prospecting rules will become effective September 30, 2010, giving a brief overview of the new rules, and discussing the availability of new Division forms resulting from the rule changes - September 29, 2010 (PDF 34 KB, 1 page) Starting Thursday, September 30, Powertech must comply with the new rules. On August 6, Powertech CEO Dick Clement wrote that the new rules "would be fatal to any serious potential in-situ recovery project." After the rules were adopted, Clement backpedaled on his earlier statement.
RULEMAKING OVERVIEW - Colorado Mined Land Reclamation Board Division of Reclamation, Mining and Safety - Released September 29, 2010 (PDF 167 KB, 2 pages) This overview contains a brief summary of provisions relating to HB 08-1161, SB 08-228, and two other minor bills.
"Colorado mining board updates uranium prospecting rules; Can Powertech live with them?" by Dan Yurman - Idaho Samizdat: Nuke Notes - September 3, 2010 (PDF 88 KB, 2 pages) Powertech continues to flip-flop on its reaction to the new Colorado rules for in-situ leach uranium mining. In this article, CEO Clement says the company can "achieve what the board wants", referring to the Mined Land Reclamation Board's unanimous vote approving the new rules. Then he criticizes the rules, asserting they can be interpreted "to the point where you can't accomplish the goals in the regulations" before starting operations. (The article describes the proposed mine location as 15 miles east of Fort Collins. The southern end of the mining area would actually be about seven miles from the city limits of Fort Collins.)
"Colo. adopts strict regulations on in-situ uranium operations" by Eryn Gable - Land Letter, Environment and Energy Publishing, LLC - August 19, 2010 (PDF 16 KB, 4 pages) Quote from Jeff Parsons, attorney for the Western Mining Action Project: "We've experienced the legacy of the impacts from prior uranium mining, so it's ridiculous to think we could permit them again in the same manner with no greater protections than what caused the problems in the first place." Quote from Dianna Orff, attorney for the Colorado Mining Association: (The rules) "are pretty discouraging for anyone looking at investing in a potential mineral operation in Colorado."
"Board OKs oversight of in situ mining; Rules require 'baseline' water quality tests and allow appeals" - By Bobby Magill, Fort Collins Coloradoan - August 13, 2010
Details of Rulemaking - Tracking Number 2010-00032 - Colorado Secretary of State
Rulemaking Process: Deadlines and Timelines - Colorado Secretary of State
Rulemaking Update, August 25, 2010 - The process in Colorado for promulgation of permanent rules is shown in the flowchart above. The final uranium rules were adopted by the Mined Land Reclamation Board on August 12. The Attorney General must issue an opinion and then the rules must be filed with the Secretary of State (SOS) and the Office of Legislative Legal Services by September 1. The SOS must publish the rules in the Colorado Register by September 10. The rules become effective on September 30 (twenty days after publication) and are published in the Code of Colorado Regulations.
Summary of minutes - Colorado Mined Land Reclamation Board - August 12, 2010 (PDF 9 KB, 1 page)
"Colo. proposed rules on uranium mining go public " by Monte Whaley, Denver Post - February 1, 2010
"Public input on uranium set; Hearing scheduled for Powertech mine proposal" - Bobby Magill, Fort Collins Coloradoan - January 29, 2010 (PDF 21 KB, 2 pages)
Proposed amendments to the Colorado Mineral Rules and Regulations for Hard Rock, Metal, and Designated Mining Operations (rulemaking to implement House Bill 08-1161, Senate Bill 08-228, and Senate Bill 08-169) - Colorado Division of Reclamation, Mining and Safety - May 22, 2009 (PDF 397 KB) Note: This is the first publicly-released draft of proposed rules to implement HB-1161. It was developed by DRMS staff as well as attorneys from the Colorado Attorney General's office. For more information on the rulemaking process, go to the DRMS' rulemaking page.
Responses by the Colorado Division of Reclamation, Mining and Safety to questions from the Colorado Mining Association about upcoming rulemaking on uranium mining legislation, including House Bill 1161 - May 2009 (PDF 85 KB) Note: The first stakeholder meeting for this rulemaking process will be held on May 27 in Denver. The DRMS plans to hold a series of stakeholder meetings over the next 3-6 months prior to the formal rulemaking process. The formal process includes the submittal and review of written comments, a rulemaking hearing, and amendments and a final vote by the Mined Land Reclamation Board. It seems unlikely that Powertech would submit a permit application with the DRMS prior to final adoption of proposed regulations by the MLRB, which may not occur until the end of 2009 or later.
Anticipated Schedule - Stakeholder Meetings and Formal Rulemaking Hearing Before the Mined Land Reclamation Board - Colorado Division of Reclamation, Mining & Safety - March 24, 2009 (PDF 2,134 KB) Note: The DRMS is finally ready to conduct a rulemaking process on House Bill 08-1161, the bill amending the Mined Land Reclamation Act that was drafted and pushed by northern Colorado residents and legislators in response to Powertech's proposed Centennial Project. The bill is intended to protect groundwater aquifers by placing new restrictions on in-situ leach uranium mining. Powertech opposed the bill. The rulemaking process will also include two related bills: SB 08-228 and SB 08-169.
Full text of HB-1161 - May 2, 2008
Advocates aglow over new uranium mining regulations - Dan MacArthur
Uranium measure signed into law - Jason Kosena
Fort Collins Coloradoan - May 21, 2008
Ritter signs uranium water protection bill - Staff
Northern Colorado Business Report - May 21, 2008
Governor signs water-protection bill - Rebecca Boyle
Greeley Tribune - May 21, 2008
Mining bill will protect water - Pamela Dickman
Loveland Daily Reporter-Herald - May 21, 2008
HOUSE BILL 1161 IS LAW - Governor Bill Ritter signs bill at Capitol ceremony; Governor and legislators praise grassroots campaign by CARD and bipartisan efforts to pass bill; legislation touted as model for other states - Posted May 20, 2008
Bill
that toughens water-quality standards awaits governor's signature -
Jakob Rodgers
Greeley Tribune - May 20, 2008
GOVERNOR RITTER TO SIGN HB-1161 ON TUESDAY - Bill to become Colorado law May 20 - Next step: rulemaking process to draft detailed regulations - Posted May 15, 2008, Updated May 16, 2008
Local lawmakers bring better approach to Capitol - Editorial Board
Fort Collins Coloradoan - May 11, 2008
Mining bills ready for governor's signature - Staff
Northern Colorado Business Report - May 6, 2008
Uranium mining bill goes to governor - Pamela Dickman
Loveland Reporter-Herald - May 6, 2008
Uranium mining bill heads to Ritter -
Debbie Bell
Caņon City Daily Record - May 6, 2008
SUCCESS! - HB-1161 wins final legislative approval and is sent to Governor Ritter; House approves Senate amendments and reaffirms bill - Posted May 5, 2008
Uranium bills on the way to Ritter - Rebecca Boyle
Fort Collins Now - May 5, 2008
Uranium bill heads to Gov. Ritter - Jason Kosena
Fort Collins Coloradoan - May 5, 2008
New uranium mining laws on governor's desk - Staff
Loveland Reporter-Herald - May 5, 2008
Audio of House proceedings - May 5, 2008
Uranium bill passes Senate on Third Reading - Jason
Kosena
Fort Collins Coloradoan - May 2, 2008
Audio of Senate proceedings - May 2, 2008
Uranium mining law makes progress - Jason Kosena
Fort Collins Coloradoan - May 1, 2008
HB-1161 APPROVED BY SENATE ON SECOND READING - Senator Steve Johnson stands tall against efforts by Senators Wiens and Renfroe to gut bill; weakening amendments soundly rejected - Posted April 30, 2008, Updated May 1, 2008
Audio of Senate proceedings - April 30, 2008
IT'S UNANIMOUS! Appropriations Committee approves HB-1161 on 10-0 vote; Land and Water Stewardship Act sent to full Senate -
Posted April 25, 2008, Updated April 26, 2008
HB1161_C.002 - SENATE COMMITTEE OF REFERENCE REPORT - Committee on Local Government - April 17, 2008
Audio file of Senate Appropriations Committee hearing on HB-1161 - April 25, 2008 - Denver, Colorado
HB-1161 Re-engrossed - This Version Includes All Amendments Adopted on Second Reading in the House
ACTION ALERT: Senate Appropriations Committee to hear HB-1161 on Friday - Emails and phone calls needed to ensure passage -
Posted April 23, 2008
Senate Local Government Committee unanimously approves HB-1611 - Bill shepherded through committee by Democrat Bob Bacon and Republican Steve Johnson; Powertech brings out big guns to no avail - Posted April 17, 2008, Updated April 18, 2008
State Senate panel OKs measure tightening uranium mine rules - Jason Kosena
Fort Collins Coloradoan - April 18, 2008
News Release - "Uranium pollution bill right for Colorado"
Environment Colorado - April 17, 2008
WELLINGTON TRUSTEES VOTE 7-0 TO OPPOSE URANIUM MINING PLAN - Companion resolution passed to support HB-1161; Congresswoman Musgrave sends letter to trustees urging careful examination of project's impacts on residents; Powertech a no show
Posted April 8, 2008, updated April 14, 2008
Uranium Support Moves Above Ground - Joshua Zaffos
Rocky Mountain Chronicle - April 3, 2008
Uranium bill passes state House, heads to Senate - Staff Reports
Greeley Tribune - April 1, 2008
New Rules for Uranium Mines Would Be Retroactive - K.C. Mason
Telluride Watch - March 31, 2008
HB-1161 passes second reading in Colorado House of Representatives - Powertech CEO Richard Clement declares support for ground water protection but objects to "burdens" imposed by bill - Posted March 29, 2008
Uranium mining bill likely to move to Senate - Rebecca Boyle
Greeley Tribune - March 30, 2008
Uranium bill gets initial OK -
Uranium Mining Bill Passes First Test - Rebecca Boyle
Fort Collins Now - March 28, 2008
Summarized History for Bill Number HB08-1161 - Colorado General Assembly
Uranium Mining Bill Likely To Move to Senate - Kefalas, Fischer confident their bill will pass; Ritter says he supports it - Rebecca Boyle
Fort Collins Now - March 26, 2008
New, improved uranium mining - Denver Post Editorial Board
HB-1161 sails through House Appropriations Committee on 10-2 vote - Ground water protection bill sent to full House - Posted March 14, 2008
Uranium-accountability bill keeps moving at Capitol - Joshua Zaffos
Rocky Mountain Chronicle - March 14, 2008
Colorado Legislative Council releases report on fiscal impact of HB-1161 - Cost of implementing ground water protection bill estimated at less than $30,000 per year - Posted March 10, 2008
HB08-1161 - State Revised Fiscal Impact
Colorado Legislative Council - March 10, 2008 (pdf)
Fort Collins Coloradoan supports HB-1161 - Editorial board endorses provisions to protect water quality - Posted February 22, 2008
House commitee passes stricter rules for uranium mines - Jason Kosena
Fort Collins Coloradoan - February 21, 2008
Legislation aimed at addressing uranium mining in Colorado moves ahead
Greeley Tribune - February 21, 200
HB-1161 passes out of ag committee on 11-2 vote - Amended groundwater protection bill moves on to appropriations committee - Posted February 21, 2008
Greeley Tribune endorses HB-1161 and HB-1165 - Newspaper cites Summitville Superfund site and groundwater contamination in Texas - Posted February 15, 2008
Rocky Mountain Farmers Union supports HB-1161
http://www.rmfu.org/2008/01/28/hb-1161-stengthineing-mining-reclamation-standards/
RELATED MATERIAL:
How a Bill Becomes Colorado Law
Office of Legislative Legal Services, Colorado General Assembly - October 2001 (pdf)
Colorado General Assembly website
Colorado Legislative Council - The Legislative Process
Colorado Legislative Council - Glossary
ARTICLE 34 MINERAL RESOURCES - ARTICLE 32 Colorado Mined Land Reclamation Act
Colorado State House and Senate Maps