WSP09857 - Laserfiche WebLink

Home Browse Search

I I I I I I I I I I I I I I I I I I I 06 Oll 9 Reclamation notified the National Marine Fisheries Service (NMFS) by letter dated June 22, 1998, that because the Rule does not change Reclamation's rights and responsibilities under the Mexican Water Treaty of 1944, the Decree, and since the United States has no authority (or discretion) regarding the flow of water to the Colorado River delta, there is no ESA section 7 consultation requirement on the potential effects of the Rule on species in the Gulf of California under their jurisdiction, This detennination is consistent with the position of the NMFS on Reclamation's 1997 consultation for Operations, Maintenance and Sensitive Species of the LCR (see Appendix C), No Action Alternative Potential effects on listed species and designated critical habitat under the No Action Alternative would be the same as those described in the BO for CAP delivery, consultations and BO for the SNWS, and the LCRBA and BCO for LCR Operations and Maintenance. Without the Rule it is possible that California and Nevada could enter into a SIRA to provide for off stream storage, development, and release ofICUA. Appropriate consultation with the Service under section 7(a)(2) ofESA would be initiated on a case-by-case basis, 2, Fish and Wildlife Coordination Act Section 2 of the Fish and Wildlife Coordination Act (FWCA) of 1958 (Public Law 85-624, as amended) States that fish and wildlife conservation shall receive equal consideration with other project purposes and will be coordinated with other features of water resource development projects, The specific wording of Section 2, which is the trigger for consultations with the Service under FWCA, is as follows: ", , ,whenever the waters of any stream or other body of water are proposed or authorized to be impounded, diverted, the channel deepened, or the stream or other body of water otherwise controlled or modified for any purpose whatever, including navigation and drainage, by any department or agency of the United States, or by any public or private agency under Federal pennit or license, such department or agency first shall consult with the United States Fish and wildlife Service, , ," Preferred Alternative The conveyance and distribution system for delivering Colorado River water in the Lower Basin is already established. Diversion ofICUA would be by existing facilities and within Reclamation's current and projected routine operations consistent with provisions of the BCP A and the Decree, The FWCA requires Reclamation to consider fish and wildlife resources needs in operation and management of water projects, Once the details of specific proposals are known, appropriate coordination with the Service will be carried out to comply with the FWCA. Reclamation believes coordination with the FWCA is satisfied through the NEP A and ESA processes, 19