These are the allegations made by the Sierra Club in 2009:
https://www.scribd.com/document/24571562/Smcra-Noi-Final
"SJCC has used unlined mining pits, cuts, or other excavations to store
coal combustion waste(“CCW”), including precipitator ash, bottom ash,
waste water sludge, flue gas desulfurization sludge,and other power
plant wastes, in a manner that has failed to minimize contamination of
ground water systems with toxic or otherwise harmful mine drainage,
failed to prevent adverse effects of mining on ground water systems
outside the permit area, and failed to support approved postmining land
uses."
"The only possible cause of the increasing pollutant concentrations in
ground water drawn from Well L is leaching of pollutants from CCW,
followed by transport off the permit area either by ground water
movement, diffusion, or both. Although ground water drawn from Well D
may also be affected by mine spoils and runoff from SJCC’s coal storage
area, placement of CCW in mined areas upgradient of Well D has
contributed to exceedences of applicable ground water protection
standards at that location. Ground water at Well D flows in a southerly
direction through the alluvial aquifer and mine spoils to Shumway
Diversion and the historic channel of Westwater Arroyo. Polluted ground
water from Well D then travels through the alluvial aquifer or as
surface water to the point where Westwater/Shumway Arroyo exits the
permit area."
"SJCC has designed, constructed, operated, and maintained Shumway
Diversion and adjacent surface coal mining operations in a manner that
adds water to the hydrologic regime but (a) fails to avoid toxic mine
drainage, (b) fails to prevent or remove water from contact with toxic
producing deposits, or (c) fails to treat drainage to reduce toxic
content which adversely affects downstream water upon being released to
water courses."
"[T]he water sampled at that location exceeded the applicable New Mexico
numeric standard for surface water quality with respect to total
selenium and the applicable narrative standards for odor, taste, and
reasonable use with respect to sodium, chloride, sulfate, and total
dissolved solids."
"Sierra Club representatives most recently observed instances of each of
the violations alleged above either on September 14, 2009, during their
inspection of SJCC’s mine, or during their subsequent analysis of water
quality test results with respect to samples obtained during that
inspection."
I am unable to download the PDF since I don't have a Scribd account.
Also there is no indication about whether this went to court, and if so
what the result was. The allegations provide an interesting context for
the kinds of pollution we may wish to measure. The suit claims that
leachate from tailing ponds contaminates groundwater which then flows
into the seasonal Westwater arroyo. Note from our literature that
sulfates may react to form acid mine drainage.
Taylor