#Utah #GoldKingMine lawsuit lacks details

This image was taken during the peak outflow from the Gold King Mine spill at 10:57 a.m. Aug. 5. The waste-rock dump can be seen eroding on the right. Federal investigators placed blame for the blowout squarely on engineering errors made by the Environmental Protection Agency’s-contracted company in a 132-page report released Thursday [October 22, 2015]

From the Associated Press (Dan Elliot):

Utah’s $1.9 billion claim against the Environmental Protection Agency for a multi-state mine waste spill says Utah’s water, soil and wildlife were damaged, but it offers no specifics.

The Utah Attorney General’s Office provided a copy of the claim to The Associated Press Wednesday…

Utah’s claim from the spill is believed to be the largest of 144 filed under the Federal Tort Claims Act, which allows people to seek government compensation without a lawsuit. The claims seek payment for lost crops, livestock, wages and income and other damages.

The Navajo Nation filed a claim for $162 million and the state of New Mexico for $130 million. Both have also filed lawsuits against the federal government.

Utah also filed suit, but it named mine owners and EPA contractors as defendants, not the government.

The EPA said January it was prevented by law from paying any of the damages under the Tort Claims Act, angering many. EPA Administrator Scott Pruitt, who took over after President Donald Trump assumed office, has said the agency will reconsider at least some of the claims.

Utah’s claim cites damage to the San Juan River and Lake Powell, a vast reservoir on the Colorado River which the San Juan feeds into. It also cites damage to other waterways, underground water, soil, sediment, wildlife and other, unspecified natural resources.

It does not say how state officials arrived at the $1.9 billion figure.

Dan Burton, a spokesman for Attorney General Sean Reyes, said the state’s lawyers came up with the number after consulting with Utah Department of Environmental Quality scientists and others.

Navajo and #NM lawsuits preclude @EPA review says agency #GoldKingMine

The orange plume flows through the Animas across the Colorado/New Mexico state line the afternoon of Aug. 7, 2015. (Photo by Melissa May, San Juan Soil and Conservation District)

From the Associated Press (Dan Elliott) via The Durango Herald:

In a written statement, the EPA said the law prevents it from reconsidering claims from anyone who has filed suit.

That could rule out a review of the two largest claims from the 2015 spill in southwestern Colorado, which the EPA inadvertently triggered…

More than 70 governments, businesses and individuals sought about $420 million in damages under the Federal Tort Claims Act, which is a way to settle without a lawsuit. The Navajos filed claims for $162 million and New Mexico for $130 million.

New Mexico and the Navajos sued the EPA for damages in federal court…

President Donald Trump’s appointee to head the agency, Scott Pruitt, pledged during his confirmation hearing he would review that decision. On Friday, the second anniversary of the spill, he announced a new course.

“A new review is paramount to ensure that those who have, in fact, suffered losses have a fair opportunity to have their claims heard,” he said.

Monday’s EPA statement appeared to narrow the scope of the review considerably.

“EPA won’t be able to reconsider a claim once the claimant has sued the U.S. in court, which the state of New Mexico and the Navajo Nation have done,” it said.

The EPA designated the Gold King and 47 other mining sites in the area a Superfund district and is reviewing options for a cleanup.

On April 7, 2016, the Environmental Protection Agency proposed adding the “Bonita Peak Mining District” to the National Priorities List, making it eligible for Superfund. Forty-eight mine portals and tailings piles are “under consideration” to be included. The Gold King Mine will almost certainly be on the final list, as will the nearby American Tunnel. The Mayflower Mill #4 tailings repository, just outside Silverton, is another likely candidate, given that it appears to be leaching large quantities of metals into the Animas River. What Superfund will entail for the area beyond that, and when the actual cleanup will begin, remains unclear.
Eric Baker

@EPAScottPruitt tours the #GoldKingMine

On April 7, 2016, the Environmental Protection Agency proposed adding the “Bonita Peak Mining District” to the National Priorities List, making it eligible for Superfund. Forty-eight mine portals and tailings piles are “under consideration” to be included. The Gold King Mine will almost certainly be on the final list, as will the nearby American Tunnel. The Mayflower Mill #4 tailings repository, just outside Silverton, is another likely candidate, given that it appears to be leaching large quantities of metals into the Animas River. What Superfund will entail for the area beyond that, and when the actual cleanup will begin, remains unclear.
Eric Baker

From The Denver Post (Jesse Paul):

Environmental Protection Agency chief Scott Pruitt says his agency “walked away” from Colorado after the Gold King Mine spill under the Obama administration, vowing Friday to make a federal cleanup of the Gold King and other abandoned mines around Silverton a priority…

Pruitt visited the site Friday with a delegation of Colorado’s top politicians on the eve of the two-year anniversary of the EPA-triggered disaster. He said that he planned to meet with private citizens impacted by the spill, as well as local leaders, to get first-hand information on his agency’s response.

“I’ve already sent out a letter to all the claimants who have filed claims asking them to resubmit,” Pruitt told The Denver Post in a phone interview ahead of his visit to the Gold King. “Some of those folks I’m sure I’ll meet today, and I’m looking forward to speaking with them directly. Farmers and ranchers, business owners, the recreational activities that occur on the Animas River — all were impacted, and from my perspective it was a wrong that we need to make right.”

Remediation will take place at the scores of sites that have leeched millions of gallons of heavy metal-laden water from the Gold King and surrounding mines, Pruitt said, despite President Donald Trump’s proposed funding cuts to the EPA’s Superfund cleanup program. Silverton’s leaders have expressed concern about the EPA’s efforts taking too long or being delayed indefinitely.

“I can absolutely commit that this will be a priority,” Pruitt said. “I’ve shared with Congress that if money is a concern about fulfilling our responsibilities under Superfund, I will advise them.”

Pruitt said he is working to create a list of 10 Superfund sites — of the more than 1,300 nationwide — for the EPA to focus on.

“I don’t know yet (if the Gold King and surrounding mines will be on that list),” he said. “We are evaluating all of the sites right now. Either way, it is going to be a priority.”

From the Associated Press via The Fort Collins Coloradoan:

The Environmental Protection Agency will reconsider whether to pay farmers, business owners and others in three states for economic losses caused by a mine waste spill that government crews accidentally triggered in 2015, the agency’s leader said Friday during a visit to the site.

EPA Administrator Scott Pruitt, who toured Gold King Mine with Colorado lawmakers on the eve of the disaster’s second anniversary, said he told people to resubmit claims rejected under the Obama administration. It’s not clear if the agency could pay on its own or how much of the potential payouts would need to be approved by Congress…

The EPA has designated the area a Superfund site to pay for a broad cleanup…

Pruitt, who had promised to visit the mine during his confirmation hearing earlier this year, said he has sent letters to people whose claims were rejected by former President Barack Obama’s EPA.

In January, the agency said federal law prevented it from paying claims because of sovereign immunity, which prohibits most lawsuits against the government…

It’s uncertain whether the White House and Congress, both controlled by Republicans, are willing to pay for any of the economic losses, although the GOP has been most vocal in demanding the EPA make good.

It’s not clear how much money would be at stake in a new round of claims.

Claims for $1.2 billion in lost income, property damage and personal injuries were initially filed with the EPA, but attorneys for some of the larger claimants later reduced the amounts they were seeking. A review by The Associated Press estimated the damages sought at $420 million.

The EPA has spent more than $31.3 million on the spill, including remediation work, water testing and payments to state, local and tribal agencies.

The agency said last year it would pay $4.5 million to state, local and tribal governments to cover the cost of their emergency response to the spill, but it rejected $20.4 million in other requests for past and future expenses, again citing federal law.

From CBS Denver (Rick Sallinger):

In an interview with CBS4’s Matt Kroeshel, [U.S. Senator Michael] Bennet said, “Having designation as Superfund site is only one step in the process. We need to make sure the resources are put into there to do the remediation that’s required at the site.”

The environmental mess that flowed from the Gold King Mine could happen again. Its owner Hennis says an adjacent mine is filled with even more toxic liquids.

When asked, “Could we have another disaster?” Hennis replied, “Absolutely and it would be a thousand times worse than Gold King.”

[…]

Sen. Gardner echoed that this is not a one time only problem, “Not just Gold King, we are talking about a handful of mines around the West that pose a threat to our environment and our community.”

CPW: Native cutthroat trout reintroduction program continues in Southwest Colorado

Colorado Parks and Wildlife staffers prepare native Colorado River cutthroat trout for stocking north of Durango on July 27, 2017.

Here’s the release from Colorado Parks and Wildlife:

Restoration of native trout reached another milestone on July 27 when 3,000 Colorado River cutthroat trout were stocked in streams about 30 miles north of Durango by Colorado Parks and Wildlife.

The restoration project is being done in the Hermosa Creek drainage and is a joint project of CPW and the San Juan National Forest, with assistance from Trout Unlimited. So far, restoration work has been completed on three phases of the project which includes sections of the main stem of Hermosa Creek and East Hermosa Creek. One more phase remains that will take two more years to complete.

Last week about 50 volunteers helped to distribute the five-inch fish in about three miles of water in East Hermosa Creek, Relay Creek and Sig Creek.

“Restoring native species is a high priority for Colorado Parks and Wildlife and the Hermosa Creek drainage is an ideal location for pure Colorado River cutthroat trout,” said Jim White, CPW aquatic biologist in Durango who has coordinated the projects. “There are numerous tributaries streams that provide a variety of habitats and safe havens for populations in case of catastrophic events, such as fire, drought or disease.”

To restore native fish, the U.S. Forest Service has built two barriers on the creeks which block the passage of non-native rainbow and brook trout. Native cutthroats cannot compete with those fish in a stream. Following construction of the barriers, CPW treated the water to kill all fish in the stream. Generally, it takes two years for biologists to confirm that all fish have been eliminated. After that, native fish can be restocked.

Besides building the barriers, the Forest Service has also made improvements along the streams to improve fish habitat.

Fish are doing well on the section completed five years ago on Hermosa Creek, White said. A recent survey showed that more than 400 fish per mile now inhabit the creek.

“We know the fish are reproducing in that section and we are very pleased with what we’re seeing,” White said.

The last phase of the project will connect East Hermosa Creek with the main stem. The Forest Service is currently building another barrier just below the confluence of the two streams; treating the water to eliminate all fish will be done in 2018 and 2019. By 2020, if all goes as planned, nearly 25 miles of stream in the Hermosa Creek drainage will be home to the native trout.

Hermosa Creek is an excellent spot for anglers to get off the beaten path for catch-and-release-fishing. Anglers are reminded that fishing in this area is by fly and lure only, and that all cutthroat trout caught in the area must be returned to the water immediately.

To learn more about CPW’s work to restore native trout throughout the state, go to: http://cpw.state.co.us/learn/Pages/ResearchCutthroatTrout.aspx.

#Utah sues over #GoldKingMine spill

On April 7, 2016, the Environmental Protection Agency proposed adding the “Bonita Peak Mining District” to the National Priorities List, making it eligible for Superfund. Forty-eight mine portals and tailings piles are “under consideration” to be included. The Gold King Mine will almost certainly be on the final list, as will the nearby American Tunnel. The Mayflower Mill #4 tailings repository, just outside Silverton, is another likely candidate, given that it appears to be leaching large quantities of metals into the Animas River. What Superfund will entail for the area beyond that, and when the actual cleanup will begin, remains unclear.
Eric Baker

From The Deseret News (Amy Joi O’Donoghue):

In a lawsuit filed in federal court Monday, Reyes asserts the contractor, subcontractor and mine owner — Delaware-based Sunnyside Gold Corp. — failed to take a host of proper precautions to avoid the disastrous breach near Silverton that released 3 million gallons of metals-laden sludge.

The Utah Department of Environmental Quality is continuing to take water samples from the San Juan River, which was impacted, and Lake Powell, where most of the sludge was deposited.

While Utah agencies and other entities, such as San Juan County, were compensated by the U.S. Environmental Protection Agency $464,000 for costs related to the initial response, Reyes’ suit asks for punitive damages for the ongoing environmental impacts, stigma associated with the spill and interference with the public’s ability to enjoy the waterways.

The suit asserts the EPA’s on-site team:

• Assumed that because the mine was draining it was not under pressure from the contaminated water behind it

• Didn’t believe it was necessary to test the level or volume of contaminated water from the blockage

• Did not take a measurement to determine the pressure of the water against the blockage of the adit, or horizontal mine entrance

Additionally, Reyes’ suit says the on-site team failed to take the precaution of installing a secondary containment system to prevent large quantities of toxic wastewater from reaching the Animas River and did not develop or implement an emergency response plan.

Although the Occupational Safety and Health Administration, as well as EPA, requires a health and safety plan in conjunction with hazardous waste site operations, the plan in place failed to meet those requirements, the suit asserts.

On Aug. 5, 2015, the day of the spill, the EPA’s on-site team was performing work on the Level 7 adit, where none of the proper measurements or precautions were taken, according to the lawsuit.

“Members of the EPA on-site team have given conflicting reports regarding their work. Some believed the objective was to excavate the adit to create an opening. Others believed the objective was to use a backhoe excavator to scratch the earth around the adit,” the suit reads. “On information and belief, this conflict was caused by miscommunication among the EPA on-site team.”

The suit says the mine blowout continues to pose environmental, economic and other damages to Utah that are not inconsistent with a “national contingency plan,” that will require additional investigation and remediation that will include soil and water testing.

Although the defendants named in the lawsuit should have known the Gold King Mine presented a “high risk of significant harm to the state of Utah and other downstream communities,” they acted in disregard of those risks, the suit says.

New Mexico and the Navajo Nation brought lawsuits against the EPA for the spill, and New Mexico also sued Colorado, asserting negligence.

In late June, the U.S. Supreme Court refused to hear arguments related to the dispute between the states.

The EPA in January said it would not pay $1.3 billion in claims related to the spill because it is protected by a federal tort law.

In addition, the agency’s inspector general concluded there was no wrongdoing with the Gold King Mine spill, but also conceded there were no specific standards in place for dealing with a collapsed mine portal.

Daniel Burton, a spokesman for the Utah Attorney General’s Office, said the state is continuing to negotiate with the EPA to see if a settlement can be reached without the need for litigation.

The mining district that includes where the breach happened was declared a Superfund Site nearly a year ago, which will accelerate cleanup efforts.

From the Associated Press (Lindsay Whitehurst) via The Durango Herald:

Utah wants cleanup compensation and unspecified damages in the 3-million-gallon Gold King Mine spill that was accidentally trigged by EPA contractors in 2015, Utah Attorney General’s Office spokesman Dan Burton said Tuesday.

Utah hasn’t named a damages amount because it’s still investigating how much it will ultimately cost to clean up its portion of spill that left as much as 880,000 pounds of metals in rivers in Colorado, New Mexico and Utah, Burton said. The metals have settled into riverbeds, where they can get stirred up any rainstorm or heavy snowmelt, state officials have said.

Total damages from farmers, business owners and residents along the spill’s path have been estimated at $420 million.

Though Utah was farther away from the epicenter of the spill, contaminants from the blowout have been transported through the San Juan River in southeastern Utah to the vast reservoir of Lake Powell, the lawsuit states…

The Utah lawsuit filed Monday doesn’t name the EPA. The agency has taken responsibility for the spill and given Utah agencies $464,000 so far to help pay for the cleanup. The state hopes to come to a final settlement with the agency out of court, Burton said.

Gold King Mine entrance after blowout August 2015

CPW: Native trout return to Woods Lake

Woods Lake photo credit Colorado Parks and Wildlife.

Here’s the release from Colorado Parks and Wildlife:

Native cutthroat trout are returning to a corner of the San Juan Mountains as part of a conservation project by Colorado Parks and Wildlife.

On Sept. 20, Parks and Wildlife biologists stocked more than 250 native cutthroat trout in Woods Lake southwest of Telluride. This location was selected because it will provide excellent quality cutthroat habitat: the area is isolated, the water is pristine and barriers protect the lake from non-native fish that live downstream. Once the population is established, the lake will provide the broodstock which will eventually assist in cutthroat conservation efforts throughout the Dolores and Gunnison river basins.

“This area was populated with native trout before settlers arrived in Colorado, but the fish haven’t been present in, probably, over a half a century,” said Dan Kowalski, an aquatic researcher with Parks and Wildlife in Montrose. “This is one of the few spots in southwest Colorado suitable for this type of restoration project and it will provide a great refuge for this important native fish. This project will help give the cutthroat a long-term foothold in the area, expand their numbers and range, and benefit native trout conservation throughout southwest Colorado.”

The reintroduced trout were captured from a small stream on the Uncompahgre Plateau earlier in the day and transported by horseback and then by truck to the lake. Wild fish from the small stream will also be spawned in the spring of 2013 so that larger numbers of fish can be introduced to Woods Lake and tributaries, Muddy Creek and Fall Creek, next summer.

“We’ll do that to give us multiple age classes of fish and to provide good genetic diversity,” Kowalski said.

Anglers can expect to start catching some cutthroat trout in the summer of 2018 but it will be a couple of years before there are large numbers of older-age fish to catch. Anglers are encouraged to release all fish they catch for the next couple of years to allow the population to grow. Fishing in the lake and streams above is restricted to artificial flies and lures only.

Cutthroat trout have been eliminated from many rivers and streams in western Colorado due to habitat loss, water quality impacts and the introduction of non-native. The native fish, which has been petitioned for listing as an endangered species, can now be found in only about 14 percent of its historic range in the Rocky Mountain West. This reintroduction project is an effort to restore the native trout to its former habitat, expand the fish’s range and prevent the need for an endangered species listing.

“Restoring these native fish should be important to all citizens and water users in the basin that depend on our rivers for irrigation and drinking water because a federal listing could affect the state’s management of the species and water use in the basin,” Kowalski said.

Colorado Parks and Wildlife worked cooperatively with the U.S. Forest Service during the last two summers to remove the non-native fish from Woods Lake and the tributaries.

Elsewhere in southwest Colorado — and only about 20 miles as the crow flies southeast of Woods Lake — another cutthroat restoration project is ongoing in the upper Hermosa Creek drainage near the Purgatory ski resort in San Juan County. When that project is completed in about five years, more than 20 miles of Hermosa Creek and feeder streams will be home to native cutthroats.

“Colorado Parks and Wildlife has been working on native trout restoration throughout the state for nearly 30 years and our work will continue,” said John Alves, senior aquatic biologist for the southwest region. “This is truly a long-term effort.”

To learn more about efforts by Colorado Parks and Wildlife to restore native trout, see:http://wildlife.state.co.us/Research/Aquatic/CutthroatTrout/Pages/CutthroatTrout.aspx.

Cutthroat trout historic range via Western Trout

Hermosa Creek cutthroat trout restoration update

Hermosa Park

Update: Here’s a photo gallery from The Durango Herald.

From The Durango Herald (Jonathan Romeo):

The effort to restore Colorado River cutthroat trout in Hermosa Creek dates back to the early 1990s when wildlife managers used a natural waterfall on the creek’s east fork as a protective barrier.

Colorado Parks and Wildlife cleared out non-native species of trout – specifically brook, brown and rainbows – using a short-lived, organic poison known as rotenone. And in their place, it released Colorado River cutthroat trout, giving the waterway to the native fish for the first time in probably 100 years.

The magnitude of the cutthroat’s loss has never been truly quantified, but its range – which once spanned Colorado, New Mexico, Utah and Wyoming – was dramatically reduced, mostly because of habitat loss, overharvesting and competition with non-native species.

Clay Kampf, a fisheries biologist for the San Juan National Forest, said the best estimates show the Colorado River cutthroat trout is now found in about 14 percent of its historic natural habitat.

Facing the possibility of the U.S. Fish & Wildlife Service listing the Colorado River cutthroat trout as “endangered,” which would bring a host of restrictive protections, Colorado, Utah and Wyoming entered a three-state agreement to lead an aggressive reintroduction program.

“It works well for both parties,” said Jim White, an aquatic biologist with Colorado Parks and Wildlife. “This way, the states and local groups have more say in where and how to manage these fish. And it benefits the (Fish & Wildlife Service) because their resources are stretched pretty thin.”

[…]

In the last decade, the state of Wyoming has restored more than 60 miles of Colorado River cutthroat habitat, with most of that occurring in the upper Green River drainage by the town of Big Piney.

There, Mark Smith of the Wyoming Game and Fish Department said the population has been struggling since reintroduction. The fish haven’t spawned early enough, he said, which means they don’t grow big enough to survive winter.

“The turnaround hasn’t been as quick as we would have hoped, but we’re getting there,” Smith said. “We’re certainly making gains and going in the right direction.”

In Utah, the program has been wildly successful, with hundreds of miles of streams restored with their native species of trout, said Randy Oplinger of the Utah Division of Wildlife Resources.

Oplinger said Utah has been the most ambitious of the three states, likely because of the fact many projects are located on federal lands managed by agencies open to large-scale restoration efforts.

This year alone, the department plans to restore 75 miles of cutthroat habitat within the Colorado River basin. And Oplinger said trout populations tend to fair well throughout the river system…

Hermosa project close to completion
Once a final barrier is constructed this summer on Hermosa Creek, just below its confluence with the east fork, an effort to dedicate more than 23 miles solely to the cutthroat trout will almost be complete.

Two decades ago, Hermosa Creek was recognized as an ideal place for a restoration project because of the creek’s outstanding water quality and because of its easy accessibility through Forest Service Road 578, which runs behind Purgatory Resort.

After the waterfall near Sig Creek Campground was used as a natural blockade from non-native intrusion in the early 1990s, two more human-made barriers were built in 2007 and 2013.

This summer, the U.S. Forest Service will begin construction on the final barrier at the Hermosa-east fork confluence to safeguard the waters above the blockade for the Colorado River cutthroat.

CPW’s White said that in the segments of the creek that have already been repopulated with cutthroat, population trends are encouraging. He said a recent sweep a few years ago found about 400 to 600 fish per mile.

“Populations above 400 fish per mile are usually ranked in the good to excellent category,” White said. “We’ve seen natural reproduction … very shortly after that project on the main stem (of Hermosa) was completed.”

Protecting the cutthroat
With a successful stretch of river returned to its native species, wildlife managers are expecting Hermosa Creek to get a lot of use from excited anglers.

As a result, a strict catch-and-release policy is on that section of river, White said, and there are other measures, such as habitat improvement and limiting bank erosion, that the agencies can take to protect the fish…

The quest to set right altered habitats continues to have strong cultural and ecological justifications, said Noah Greenwald of the Centers for Biological Diversity.

“We’re taking away what makes places like Colorado unique and special,” he said. “And we’re likely impacting other species when we replace a native with a non-native. It’s part of this larger extinction crisis.”

The Hermosa Creek restoration project is a coordinated effort between the U.S. Forest Service and Colorado Parks and Wildlife, as well as Trout Unlimited, which in total have spent more than a $1 million, Kampf said.

It will take a few more years for the waters upstream of the forthcoming barrier to carry only cutthroats, as non-natives still need to be removed, but Kampf said it will be worth the wait.

From The Durango Herald editorial board:

As local anglers, conservationists and wildlife managers get ready to celebrate another milestone in the restoration of Colorado River cutthroat trout to the upper reaches of Hermosa Creek, it is easy to forget that the effort, which dates back to the early 1990s, has its detractors.

Some local residents, and many long-time summer visitors to the popular area tucked behind Purgatory, think all the fuss over the fish – one of three native Colorado subspecies of trout named for the distinctive crimson slashes found on each side of the lower jaw – has ruined a fine local fishing hole.

From a short-term point of view, they have a point. The periodic poisoning of the creek to remove non-native trout, the building of barriers to keep non-natives downstream, the stocking of cutthroats and the rules against taking them for the frying pan have sent those seeking a stringer of fish further downstream, or elsewhere.

In 1992, the Colorado Division of Wildlife applied rotenone above the waterfall on the East Fork; not long after, Colorado River cutthroat were planted in the stream and the fish, estimated to occupy less than 15 percent of its original range on the tributaries of the Green and Colorado rivers, had a toehold in Hermosa headwaters once again.

It was an important step in the effort to keep the U.S. Fish and Wildlife Service from listing the fish as an endangered species, and mirrored similar restoration efforts on the fish’s native range in Utah and Wyoming.

Since then, barriers have been built and the process repeated on the main stem upstream of Hotel Draw. With the pending completion this summer of a barrier at the confluence of the East Fork and the main stem, the native-cutthroat-only stretch will soon comprise the largest continuous stretch of Colorado River cutthroat habitat in the state.

It has been an impressive effort, and like its supporters, we are confident of its future success. Those who remain unimpressed may benefit from a history lesson:

The same mining and population boom that decimated the cutthroat nearly extirpated Colorado’s elk. In 1912, elk from Wyoming were reintroduced to the state in the same Hermosa Creek drainage. The area remains, as the Denver Post noted in an article three years ago, “a hunter’s paradise, where trophy elk still die of old age.”

That story, and the Hermosa area’s more recent protected status, bode well for another rebounding native.

Cutthroat trout historic range via Western Trout