Suits filed against radioactive flows into Colorado river

Environmentalists and Utah residents have filed a second lawsuit trying to block a federal plan to leave a huge pile of radioactive tailings beside the Colorado River.

Environmentalists and those downstream fear that radioactivity will pollute the river, a source of drinking water for more than 23 million people in three states, including Nevada.

The Southern Nevada Water Authority is aware of the radioactive pile. "Certainly we are concerned with any environmental threat," spokesman Vince Alberta said.

The 10.5 million tons of tailings, left behind from a uranium mill two miles north of Moab, are gradually entering the river, the federal Nuclear Regulatory Commission and environmentalists agree.

In the worst case, if a flood carried away a large part of the tailings, the river could become contaminated, but not enough to harm people, the commission concluded.

However, with six national parks downstream between Moab and Lake Mead, any contamination would have to be cleaned up, the commission said.

Concerns about people's exposure to contamination from the tailings in the river have been raised by Metropolitan Water District serving drinking water to more than 20 million people in Southern California. The river provides drinking water to Southern California and Arizona.

Metropolitan said in comments to the Nuclear Regulatory Commission that radiation levels measured in Lake Mead and Lake Havasu over the past 17 year have increased slightly, except during the 1984 Colorado River flood.

"Furthermore, the cumulative human health effects of continuing contamination of the river is unknown," Metropolitan said in a letter sent to the commission in September.

Last week, the Grand Canyon Trust, based in Flagstaff, Ariz., sent the nuclear agency a notice of intent to sue, alleging the agency is violating the federal Endangered Species Act if it allows the tailings to remain in place. The trust has been joined by several Utah residents in its legal actions.

The trust's notice said that the Nuclear Regulatory Commission is allowing massive toxic water pollution from the Atlas Mill Tailings to jeopardize the continued existence of the endangered Colorado squawfish and razorback sucker.

The trust also sued Atlas this summer, claiming the company violated the Clean Water Act, said conservationist Bill Hedden, who lives in Moab.

The federal commission is to permit Atlas to place a protective earthen cap over the tailings, which flow into the river as sediment at a rate of about 30,000 gallons a day.

Environmentalists, the National Park Service and many Moab residents have urged the commission to remove the tailings to a remote, dry site where they do not pose a threat to the river.

Atlas has filed for Chapter 11 bankruptcy protection, which would allow the company relief from creditors while it reorganizes. The trust's first suit has been set aside until the bankruptcy issue is settled.

If the Nuclear Regulatory Commission does not accept a capping plan by the end of January, Atlas has indicated it could be forced into liquidation. Atlas is bonded for $6 million to reclaim the tailings. Whether the tailings are capped or removed, the costs could range from $19 million to $150 million.

Atlas officials have said the bankruptcy will not affect the company's commitment to ensure the tailings are safe.

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