PolicyBrief
S. 568
119th CongressFeb 13th 2025
Gold King Mine Spill Compensation Act of 2025
IN COMMITTEE

The Gold King Mine Spill Compensation Act of 2025 provides compensation to individuals and businesses who suffered damages from the 2015 Gold King Mine spill in Colorado.

Michael Bennet
D

Michael Bennet

Senator

CO

LEGISLATION

Gold King Mine Spill Compensation Bill Moves Forward: Payments Capped at $3.3 Million for Specific 2015 Losses

The "Gold King Mine Spill Compensation Act of 2025" is officially on the table, aiming to finally pay out folks impacted by that massive 2015 mine waste spill in Colorado. But, there are some pretty tight restrictions on who gets paid and for what. This bill isn't a blank check; it's a targeted payout for specific losses, and it comes with a firm deadline for claims that's already passed.

Damage Control: What's Covered and What's Not

The bill lays out exactly what kind of damages qualify for compensation. We're talking lost business income (but not from vacation rentals) between August 5 and December 31, 2015. Also covered: costs for moving livestock and finding alternative water sources between August 5 and October 15, 2015, and reduced crop yields or losses between August 5 and December 31, 2015. Emotional distress? Not covered. Response costs? Nope. The bill explicitly excludes these (Section 2).

Think of a local farmer who had to scramble to find clean water for their livestock after the spill, or a rafting company that lost business because the river was closed. They could be eligible for compensation. But, someone who owned a vacation rental that sat empty? No dice. And everyone had to have filed a claim by August 5, 2017, to even be considered.

Cash and Constraints: The $3.3 Million Question

Congress has earmarked up to $3.3 million for these payments (Section 4), which sounds like a lot, but it might not cover everyone's losses. The EPA Administrator will be in charge of investigating and settling claims, using Colorado state law to figure out how much each person gets (Section 3). The catch? Payments are capped at the amount originally claimed, without interest or punitive damages. And, if you take the money, you're signing away your right to sue the U.S. for anything else related to the spill (Section 3).

Checks and Balances (and Court Dates)

If you disagree with the EPA's decision, you have a 60-day window to challenge it in the U.S. District Court for the District of Colorado (Section 3). The court will review the EPA's record and basically decide if the agency had enough evidence to make its call. This part provides a little bit of a safety net, ensuring there's some oversight of the process.

The Bottom Line and the Big Picture

This bill is a step toward making things right for some of the people hurt by the Gold King Mine spill. But it's crucial to remember the limitations. It's not a free-for-all. It's focused on specific, documented economic damages suffered within a limited timeframe. It also excludes anyone who's already settled with the government for more than $2,500, or who owns a mine or is involved in mine-related business (Section 2). The bill also requires the Administrator to deliver a report to Congress within 90 days after all claims are processed, detailing the amounts claimed, their nature, and their resolution, including payment amounts. While it provides a pathway to compensation, it also raises questions about whether the $3.3 million cap is enough and whether the restrictions on eligible claims are fair to everyone affected.