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185G INTO THE FUTURE: The Upper Colorado River Engangered Fish Recovery Program hy Tom Pitts Upper Basin Water Users Representative Recovery Implementation Program for Endangered Fish Species in the Upper Colorado River Basin Introduction The Colorado Water Congress has been involved wilh the Endangered Species Act (ESA) in the Upper Colorado River Basin since December I, 1983. On that dale, Colorado Water Congress established the Special Project on Threalened and Endangered Species. The Upper Basin Endangered Fish Recovery Program was eSlablishedinJanuary, 1988 and has been in operation for 13 years. The goal is to recover four endangered fish species (Colorado pikemiMow, razorback sucker, bony- tail and humpback chub) while water development pro- ceeds in accordance with state law and interstate com- pacts. This article reviews the accomplishments of the Program and. more importantly, discusses the future of the Program and ewc involvement in endangered species activities in the Upper Basin. Significanl ESA activities in the Upper Colorado River Basin go back to 1973 (see Box I); ASuccessSlory The Upper Basin Program is getting good reviews from very different sources Isee Box 2). Bruce Babbilt. in his last speech as Secretary of the Interior to the Colorado River Water Users Association. said that this Program is a success Story. Representative Jim Hansen (R.U1ah), a conservative member of Congress. says that the Program provides an example of how the Endangered Species Act should be implemented. These gentlemen approach the Program from very different political per- spectives, yel reach the same conclusions. Rep. Hansen was the prime sponsor of federal legislation in the House of Representatives to authorize continued funding for the Recovery Program. Secretary Babbiu offered key sup- pan within the Administration for the legislation. The bill was signed into law by the President on October 20, 2000 P.L. 106-392). TlIere are several underlying lessons for the Program's success. The first and foremost is that the Program meets the needs of those panicipating in the Program. Those diverse panicipants (see Box 3) include the federal agency having regulatory responsibilities for endangered species (USFWS). federal agencies needing ESA compliance (Reclamation, W APA). the states, water users,envirorunentalists, and power users. For Upper Basin water users and federal agencies seeking compliance widi the Endangered Species ACI, die Program has been very successful (see Box 4). Since the Program began, a total of 627 walerprojects depleting approximately 1.7 million acre-feet/year of water have achieved compliance with the ESA, with the Recovery Program activities serving as mitigation for impacts to endangered fish species. This inciudes 382 small projects depleting less than 100 acre-feet per year. These projects have been spared the expense of hiring hydrologisls, biol- ogists. and attorneys to define impacts and to help under- stand how they can comply with the Endangered Species Act, No lawsuits have been filed by any party on ESA compliance under the Program. The fact that the Program works for federal agencies and water users needing ESA compliance is just one aspect of die successful Program. The Program also works for die sllltes. The fundamental intent of the Program is that il will operate in accordance with state waler law and int"r~wle compact~ allll\:al1tI!! ""mer <lmOl1!! the ~tate~. Thi~ ha~io: prmciph.' wa~ fundamentat!\l <ln~l'r- tanceofthe Program by the states and water users. Lnder this Program. Ihe Unned States recogntzes that watCf needed to provide habitat for endangered fish musl he acqull'l~d in accordance with state water law. In addition. the Program works closely with slate wildlife ag:encie~ on issues such as nonnative fish control. The Program thu~ avoids conflicts widi both state water law and state wildlife law. Environmental organizations panicipated in negotia- tion of the Program and participate in its implementation. Each year their representatives join other Program panko ipants in seeking congressional appropriations for the Program. The Program provides environmental organizll- tions with the means for achieving their goals for cndan- gered species protection. The U.S. Fish and Wildlife Service is charged with implementing the Endangered Species Act, The Program provides a mechanism for implementing the Act with respect to the four endangered fish that has suppon of otherfedeml agencies. the states. water users. environ- mental organizations and power users. This support stands in stark contrllSt to other areas of the counuy with respecl to implementalion of the Endangered Species Act. especially in the western United States. Far more can be achieved by the Program than by individual water users providing mitigation. The Colorado River Energy Distributors Association (CREDA) suppons the Program as one that has a time limil and a financial cap for contributions by energy users. Once again, this stands in contrasl 10 what is going on in other area... such as the Columbia River basin where the power users are paying several hundred million dol- lars a year for effons on endangered salmon. with no end insight. The Program works for Congress as well. Funding requests are supponed by the states. waler users. environ- mental organizations. and CREDA. U.S. Fish and Wildlife Service and Reclamation ensure diat agreed upon funding needs are inserted in their budgets each year. Therefore. Program panicipants are not asking our delegations or appropriations subcommittees for more money than the Administration is requesting. Members Continued on Page 4 Box l' Chronolol!v of Maior ESA Events in the UnDer Colorado River Basin . ./ 1973 . Passage of ESA; Jisting ./ December I, 1983 - Colorado conflict in operation of Colorado pikeminnow/hump- Water Congress organizes ./ 1987 . Final Recovery Program ./ 1991 - Razorback sucker listed back chub as endangered Special Project to negotiate negotiated with goals to as endangered ./ 1975 - Section 7 consultalions conflicts.with Endangered 0 Recover endangered fish ./ 1999 - Work begins on specific SpeciesAcI began on federal water projects 0 Provide ESA compliance recovery goals for four endan- in the Upper Colorado River ./ March 1984-Upper Colorado gered fish species Basin River Committee established forwaterprojecls (federal agencies. states. water ./ 2000. PL 106-392 authorizing ./ 1980 . Bonytai1lisled as endan- ./ 1988 - Governors and Secretary federal/power users! and state users, and environmentalists) to of the Imerior sign agreement to gered negotiate solution cost sharing for Recovery implement "Upper Colorado Program ./ June 1983 - USFWS draft ./ 1985 - Colorado Water River Endangered Fish repon staling no funher deple- Congress proposes "Recovery Recovery Program" ./ 2001 - Final draft recovery tions in the Upper Basin unless Program" as a resolution to ./ 1988-2001 - Recovery Program goals published for public replaced on a one-for-one basis review FALL 2001 10 assUt In orcontrlbul<! 10 tb<! protect/on, conuroalfon..nd tkve/opm.ent ofW<ller In IlHI s~ofCO/orruJo Published by Colorado Water Congress VOL. 20. NO.2