NM Gov. Martinez declares state of emergency following gold mine waste spill

New Mexico Governor Susana Martinez declared a state of emergency Monday to free up more state money to help communities surrounding the Animas River affected by an EPA-caused waste spill that happened Aug. 5 at a mining site near Silverton, Colorado.

Gov. Martinez’s order frees up $750,000 in additional state funds that will be used to test wells, study potential effects of the spill, support a multiagency response team in the area and fund further efforts.

The agency, which has been in place for days, will also remain in northwest New Mexico indefinitely to help local residents, as per Monday’s order.

The governor has also told administration officials to be prepared to take legal action against the EPA, likely in a broader lawsuit with others affected by the Gold King Mine.

“It breaks my heart that’s the way our state is looking right now,” Gov. Martinez said Monday. “We’re going to do absolutely everything to get back to the condition that it was in and we are going to hold EPA accountable for this.”

Gov. Martinez also said it took 24 hours before the state received a notice about the spill, which she said was troubling.

“This would have allowed farmers to get ahead of what was happening, and quickly. Water their fields, water their cows, get clean water. Whatever they needed from the Animas River before the spill got to them. It was too late. They couldn’t do that.”

The order also directs the Adjutant General to order New Mexico National Guard into service to provide support.

WATER RESTRICTIONS

Monday, the city of Aztec was placed under Stage 1 water restrictions. Many in the Four Corners have been directed to buy or pick up water for free at other sites.

The New Mexico Environmental Department has made free water testing available to residents who have private wells within 1,000 feet of the Animas River.

An update from La Plata Co. officials on drinking water and water for livestock can be viewed here.

FURTHER EMERGENCY DECLARATIONS

Also Monday, Colorado Gov. John Hickenlooper issued a disaster declaration after the spill, which was making its way to Lake Powell in Utah.

His declaration on Monday releases $500,000 to assist businesses and towns affected by the spill.

The Navajo Nation and San Juan County have also declared states of emergency.

The EPA released a collection of images of the spill both at the mine and downriver Monday. Most of the photos were taken Aug. 7.

WHAT COMES NEXT IN FOUR CORNERS

The mine is one of several old mines near Silverton that were ideal candidates for the EPA’s Superfund cleanup list, but the town and La Plata County fought hard to stay off the list and succeeded – all in the idea of preserving the town’s reputation as a tourist spot.

Instead, the EPA would set aside $1.5 billion to plug leaks in the old mines, which is what they were doing at the Gold King Mine last Wednesday when a machine breached the plug.

The episode has inspired new discussions about getting on the Superfund list.

“The decision to list this under the national priorities list – the Superfund – is a decision that the EPA needs to make with the concurrence of the state and the local officials, and that’s a conversation that’s ongoing,” EPA Region 8 Director Shaun McGrath said Monday. “It does allow for potentially more extensive cleanup.”

The Superfund was created in federal law in 1980. Currently there are nearly 1,300 sites on the cleanup list.

Albuquerque Mayor Richard Berry received a memo received from the New Mexico Environmental Health Department Monday saying that Albuquerque will not be affected by the plume.

Monday, following the Animas north from Farmington, the river remained a murky green – a far cry from the bright orange it was days earlier, but still not back to normal. However, the sediment from the plume seems to have simply dropped to the river bottom.

As for who is responsible for the spill, that still remains murky as well.

“We will have an independent investigation to see what happened,” said the EPA’s McGrath. “We’ll look back and we’ll be taking steps in the future to insure that we avoid these kinds of events.”

However, it is likely the taxpayers will foot the bill. There is a company that owns those old mines around Silverton, but they’re all abandoned. The Gold King itself hasn’t produced a nugget since 1923.

That’s 92 years ago – long before modern mining rules and regulations and laws were on the books. You just dug a hole and when you were done you walked away from it.

KOB reporters Devin Neeley, Stuart Dyson and Caleb James contributed to this report.

Dr. Kerry Howe, the Director of the Center of Water and Environment at the University of New Mexico, discussed the potential impacts of the heavy metals left over in the river Monday evening. If you’re on a mobile device, click here to watch.

Originally published for KOB.com