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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 1/4 mile downstream from the mine outside Silverton, Colo. On Monday, Nov. 28, 2016, the U.S. Supreme Court asked the Justice Department to weigh in on New Mexico's lawsuit against Colorado over the Gold King mine waste spill that polluted rivers in both states and in Utah. (AP Photo/Brennan Linsley, 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 1/4 mile downstream from the mine outside Silverton, Colo. On Monday, Nov. 28, 2016, the U.S. Supreme Court asked the Justice Department to weigh in on New Mexico's lawsuit against Colorado over the Gold King mine waste spill that polluted rivers in both states and in Utah. (AP Photo/Brennan Linsley, File)

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