WSP09462

• File Number: 8240.300.03
• Description: San Juan River - Recovery Implementation Program - General Info
• Basin: San Juan/Dolores
• Water Division: 7
• Date: 8/11/1992
• Title: Issue Paper - Endangered Fish
• Water Supply Pro - Doc Type: Report/Study

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HUG 11 '3206:58 T011 PITTS & A:,S0C.

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tribes, and water users began development of a draft recovery
implementation program. As of October 29, 1991, a third draft of
the Recovery Program h~d been developed. Following development of
the third draft, Region 2, U.S. Fish and Wildlife Service,
Albuquerque, unilaterally halted development of the San .Juan
Recovery Implementation Program. Five months later, on March 26,
1992, Region 2 issued its own version of the Recovery
Implementation Program. In the process, Region 2 discarded
practically all of the agreements that had been reached through
development of the third draft of the document, and put forth
concepts for the Recovery Program that were rejected by practically
all of the parties at a meeting in April, 1992. At that meeting,
U. S. Fish and Wildlife service agreed to establish yet another
drafting committee to continue development of the Program, The
latest draft issued was dated August 3, 1992.

Following development of Region 2 draft, a number of issues were
identified by water users, Indian tribes, and the states. Region 2
has made no serious effort to resolve several of those issues, thus
guaranteeing further delays in complying with the ALP BiOlogical
Opinion, and possible non-compliance.

4.0 PURPOSE OF THE PROGRAM

The MOU,
Colorado,
Jicarilla
Program:

signed by the Secretary of Interior, Governors of
Utah, and New Mexico, Southern ute, ute Mountain ute,
Apache tribes identified two purposes of the Recovery

1. To conserve populations of Colorado squaw fish and
razorback sucker in the Basin consistent with recovery goals
established under the Endangered Species Act, 16 USC 1531ET
SEQ.

2. To proceed with water development in the Basin in
compliance with federal and state laws, interstate compacts,
Supreme Court decrees, and federal trust responsibilities.to
the Southern ute, Ute Mountain utes, Jicarillas and 'the
Navajos.

Region 2 fails to acknowledge the second purpose of the Program,
1. e., to facilitate water development of the San Juan Basin by
providing a means of offsetting jeopardy for water development
projects. Region 2 has changed the purpose of the Recovery Program
to "offset potential jeopardy of the listed fish from anv orooosed
federal action which is under Section 7 consultation" (8/3 draft,
SJRIP, page 35) and has contradicted the MOU. Region 2 fails to
recognize that the states, and the Indian tribes are supporting the
Recovery Program, so that they can proceed with water development.
Region 2' s policy contradicts the policy being applied in an
existing upper Basin Recovery Program. That Program was developed
under a cooper~tive agreement signed by the Secretary of Interior

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