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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:~ Region 2 has further refused to acknowledge the second purpose of
~ the Program by restricting activities under the Program that may be
Used to offset impacts of water development. The MOU (page 5)
lists "some examples of measures that the Service will consider in
determining if progress has been sufficient to offset jeopardy
impacts of future federal actions under Section 7 consultation:
. . ." In the August 3 Draft, Region 2 has stated, regarding the
same list, "The following are some examples of actions thll ~
lead to sufficient progress. However, the actions, in Alli\ of
themselves, mav not constitute sufficient progress." Region 2 has
directly contradicted the terms of the MOU signed by the Secretary
of Interior.

Region 2 has restricted the definition of sufficient progress. to:

"The parameters upon which sufficient progress will be
determined are the positive response of the endangered fish
species (including but not limited to increased abundance,
improved health, improved or increased survival) and/or their
habitats (including but not limited to the availability,
extent, or quality of those habitats) to the steps implemented
through the implementation program."

This definition contradicts the MOll (IV. C., 3rd paragraph).

With respect to sufficient progress, Region 2 has made it virtually
impossible to proceed with water development in the San Juan Basin.
No responsible state or tribal agency can agree with such a
concept. Furthermore, the approach is in direct contradiction of
the MOU signed by Secretary of Interior with respect to the goal of
proceeding with water development.

4.0 PARTICIPATION IN THE RECOVERY PROGRAM

The August 3 draft Recovery Program recommends establishment of
Coordination Committee and a Bioloqy Committee. The Southwestern
Water Conservation District, a political subdivision of the State
of COlorado, and one of the sponsors of the Animas-:La Plata
project,has requested membership on the Coordination Committee and
provided documentation as to why its membership is appropriate.
Region 2 has refused to consider membership of the Southwestern
District on the Coordination Committee stating only that "". one
representative from each of the latter two groups, the water
development interests as a collective group..., shall be selected
from the Service from lists of nOlninees submitted." .

On the other hand, Region 2 has determined that "participation by
federal agencies required to the consultation processes will not be
subject to approval by the Coordination Committee", i.e., any

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