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FILE - In this Aug. 14, 2015 file photo, water flows through a series of sediment retention ponds built to reduce heavy metal and chemical contaminants from the Gold King Mine wastewater accident, in the spillway about a quarter mile downstream from the mine outside Silverton, Colo. New Mexico officials said Thursday, Jan. 14, 2016 that they plan to sue the federal government and the owners of two Colorado mines that were the source of a massive spill last year that contaminated rivers in three Western states. An EPA cleanup crew accidentally triggered the spill in August at the inactive Gold King mine near Silverton, Colo.(AP Photo/Brennan Linsley, File)

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An Environmental Protection Agency contractor works on the cleanup in the aftermath of the blowout at the Gold King mine, which triggered a major spill of toxic wastewater, outside Silverton, Colorado. (Associated Press)

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A Durango & Silverton Narrow Gauge Railroad passenger train arrives in Silverton, Colo., on Sunday, May 11, 2014, amid a severe snowstorm that dropped more than a foot on the San Juan Mountains of southwest Colorado. (AP Photo/Silverton Standard, Mark Esper)

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A Durango & Silverton Narrow Gauge Railroad passenger train arrives in Silverton, Colo., on Sunday, May 11, 2014, amid a severe snowstorm that dropped more than a foot on the San Juan Mountains of southwest Colorado. (AP Photo/Silverton Standard, Mark Esper)