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<br />Bean CondnuedfrompDleJ6
<br />protection under the Act. Numcrow othelS bave
<br />continued to decline despite: the protections of the
<br />Ac!. AmoDI these arc Ihree endangered flSh species
<br />of the: Colorado River system, at the: hean of one of
<br />the mosl significant controversies now brewing under
<br />the Endangered Species Act.
<br />
<br />. . . 'hardly surprising that
<br />there is scarcely any water leJI
<br />Jor Ihe fish.'
<br />
<br />On the surface, the current cnaniet stems from the
<br />potential of the Endangered. Spcci~s Act to hinder the
<br />exc:rcise: of rights to withdraw and consume water
<br />acqullcd under various wc:stcrn state water law
<br />systems. This possibility CXiSl1i because: the effective
<br />exercise of those righu often requires the construc-
<br />tion of dims or diversion facilities, and the construc-
<br />tion of Ibue typically requires the authorization by
<br />Dnc or more feder.lagencics. F~der.1 agencieli arc
<br />constrained by Section 7 of the Endangered Species
<br />Act, however, not to authorize any .clion thu is
<br />likely to jeopardize the continued existence of .ny
<br />endangered .peciei. Thus, Section 7 may prevent .
<br />federal agency from issuinl.. permit for constructinl.
<br />a facility needed to exercise. state.granted water
<br />righ!. To date, the concern is speculati...e, for no
<br />western water projecl has yel been blocked by the
<br />Endangered Species Act.
<br />
<br />Consider Ihe rosy periwinkle.
<br />our 01lly source oj
<br />Ihe drug used in Ihe /realment
<br />oj childhood leukemia.
<br />
<br />As .Iways, it is instructive 10 look benealh the
<br />surface. The endangerment offish species in western
<br />rivers is the nearly ineyitable result of . system of
<br />water allocation th.t has made conseryalion-both
<br />of water and of the wildlife dependent on it-
<br />yirtually impossible. State water law systems have
<br />traditionally limited the legally prolecled class of
<br />"beneficial uses" of water to Ihose that require
<br />diversion of water from its natural streambed. The
<br />maintenance of in-stream nows for wildlife conserva-
<br />lion, recreation, and .imilar valuable purposeli
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<br />31 Jul1/1915 1M EnvirotuMnlDI Forum
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<br />seldom has been treated as a beneficial use. Thus,
<br />groups like The N.ture Conservancy and others that
<br />h....e used the privale marlet so successfully for the
<br />preservation of ecologically Significant lands have
<br />been all bUI ,hut OUt of the market for ecologically
<br />significant waters. Add to this the w.ler profigacy
<br />encouraged by Iheenormous Iiubsidies granted water
<br />users in the form of underpriced water from f~dcral
<br />reservoirs, and it ili hardly surprising that there is
<br />".rcely any water left for the fish.
<br />In hearings earlier this year, weslern w.ter wer
<br />groups asked Congress to hmitthe reaulhorization of
<br />the Endangered Species Act to II single year. Their
<br />rationale ....as thai two 5pecial working groups of
<br />51ate and federal agencies had been appointed to
<br />consider ne.... ....ays to accommodate endangered
<br />species and water de...elopment concerns in Ihe: upper
<br />Colorado and PlaUe Ri...er basins. The work ofthese
<br />special groups is expected to be completed within.
<br />year, and Ihe water users appear to hope that il will
<br />bolsler their case for amendillg the Ac!. Not
<br />lurprismgly, Ihe charter under which the working
<br />groups operate directs them to look at just about
<br />e...erything excepl the real cause of Ihe problem-
<br />.ntiqualed waler law 5ynems Ihat pre-date the
<br />modern recognition thai conservation of endangered
<br />species and o\ner wildlife i.s not only beneficia' but
<br />also essential to our well-being. Only with .
<br />broadened inquiry that encompasses possible state
<br />water law reforms do the working groups have much
<br />hope of idenlifying solutions that offer any long-term
<br />viability.
<br />For skeptics who think lhe preservation of
<br />Colorado Ri...er fish and other endangered specieli is.
<br />"frill" too expensive to afford when it inconveniences
<br />major economic interests, consider the rosy peri-
<br />wmkle. This obscure linle plant is our only source of
<br />the drug vincristine. used in the treatment of
<br />chtldhood leukemia. Two decades ago, 80 percent of
<br />children contracling Ihisdisease died from il. Today,
<br />thanks to Ihe roliY periwinkle, 80 percent survive. II is
<br />but one example of the many seemingly "worthle,,"
<br />species later found 10 be of great ...alue for medicine,
<br />agricuhure, industry, or sci~nce. Unfonunalely. until
<br />rC50urcel adequate 10 effectively implement the
<br />Endangered Species Acl arc made ....ailable. we will
<br />cominue to lose species like the seven CAndidates lost
<br />OYer the hut three years, wilhout ever knowing
<br />whether they 100 harbored secrets like those of the
<br />rosy peri....inkle. 0
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<br />Pitts Continued from pille 31
<br />agencies, commerci.1 interests, and spommen.
<br />Weather also has adversely affecled endangered fish
<br />populalions: During the high runoff yean of 1983
<br />and 1984. extended periods of cold water 00.... in the
<br />Green River almost eliminated newly hatched
<br />Colorado squawfish.
<br />The impacls associated wilh the decline of the
<br />endangered species lire associated wilh the direct
<br />impacts of 5pecific activities, including game
<br />management and con5truction and operation of
<br />seyeral major federal rescrvoin and electric projects.
<br />There is no C'Vidence to $U88"t that dep\etion of
<br />waler from Upper Basin ri...en, in accordance with
<br />interslale compact aIIocalions or Slale waler adminis-
<br />Iration systems, has affccted the endangered fish
<br />species.
<br />An effective recovery program should include
<br />implememation of a range of recovery meuures,
<br />including predalor conlrol .nd construction of fish
<br />passages to extend the range of endangered speclts.
<br />The feasibility of modifying several federal water
<br />projecl slructures or operations needs 10 be
<br />examined. where projecu are found to be affecCing
<br />necessary habitat.
<br />
<br />Under normal condilions . . . more
<br />Ihan adequale waler available Jor
<br />endangered fish habilal.
<br />
<br />Fish slocking and rearing programs will have to be
<br />a fundamental element o( the overall recovery of
<br />endangered species. To assure recovery, an expanded
<br />halchery stockmg and rearing program is essemial.
<br />Endangered fish species must be more actively
<br />managed, as other fishery resources are.
<br />AvailabililY of instream nows for ~nd.ngered fish
<br />is not generally anticipated to be . problem in the
<br />Upper Colorado Rwer Basin. The mlur.ta.le waler
<br />compact provides for delivery of an average of Iie...en
<br />and one-half million acre-feel of water per year to Ihe
<br />Lower Basin states. Under normal conditions. there
<br />should be more than adequate water ayailable for
<br />endangered fish h.bitat. If .ddltional water is
<br />needed, the Endangered Species Act provides that
<br />the Federal Government may purchase water for
<br />habitat maintenance. Succe:>sful implemenlation of
<br />such an approach will require: that the water be
<br />adminislered under state water allocation systems
<br />and inlerstale compacts. Western waler law can
<br />accommodate those needs. Abrogation of the inler-
<br />state water compacts and state waler admlnislration
<br />systems would hurt the endangered 'pecies them-
<br />
<br />selves, with wide~.le .dvene social, economic, and
<br />environmenlal impaclS in the Upper Colorado Riyer
<br />Basin. Such alternativC5 are neither reasonable nor
<br />prudent. nor are Ihey needed to conserve and recover
<br />endangered species.
<br />Continued monitoring and rese.rch is.n essential
<br />pan of the recovery program. This and other
<br />recovery plan clements will require fundina. The
<br />Colorado Waler Congress believcs that: I) fundina
<br />should reflect the benefits being derived by the 0
<br />general public through implementing recovery activi- Q
<br />lies 10 meetlhegoals of the Endangered Species Act; N
<br />2) funding should be adequale 10 carry. out higb- c..n
<br />priorilY r~covery plan items; .nd 3) fundmg should [ ,
<br />be available on. continuing basis over a long lerm. '\.:.1
<br />POlential sources of such funding miSht include W
<br />reyenuel dell...ed from hydroelectric power gener..
<br />lion in the Colorado Riyer Basin, a surcharge on
<br />sporting goods equipment. aln on game fish licenses
<br />recognizing Ihe imp.ct of game fISh predation on
<br />endangered species, or federal general re...enues to
<br />renect the priority being placed on endangered
<br />species recovery programs by the federal Endangered
<br />Species Act and the benefit derived by the public in
<br />conserving endangcred Iipecics.
<br />In the PI.lle Ri...er Basin, . potenti.1 connict hu
<br />arisen regarding water development projects in
<br />Colorado, Wyoming, and Nebraska, and the need for
<br />maintenance of habilal in Cenlral Nebraska for the
<br />whooping crane. In March 1985. the Platte River
<br />Coordinating Commillec effon W&i initiated in an
<br />allempt to resol...e these problemli. The confiictli in
<br />Ihe Platte RI...er Basin .re: resolvable. The Plane
<br />River Whooping Crane Mamtenancc Trust has
<br />demonstrated that mechanical clearing of vegetative
<br />riparian habl1at can bee!fective in cre.ting favorable
<br />h.bilat conditions for the wboopingcrane. Again in
<br />1983 and J 984, in the Plane Riyer Basm. high flows
<br />were. problem .nd were detnmental to whoopina
<br />l;nnt habitat. low nOWI may be a problem lD other
<br />years. One pomble ru.listic lolution is an off.
<br />channel, multi-purpose federally-spoD,ored water
<br />storage projecl in the Yicinilyofthecritical whoopina
<br />crane habitat in Nebraska, to reregulate flows, and
<br />pro...ide suitable conditions for Ihe whooping crane.
<br />The Colorado Waler Congre" fully sup pons the
<br />cooper alive approach to resol...ing these conflicts,
<br />and it has paniclpated heavily in allaspeclS of the
<br />effort in bOlh Ihe Upper Colorado River Basin and
<br />the Platte RI...er Basin. These processes ,bould
<br />serve as models for rCfolving pOlential COnnlCtl
<br />bel ween implemenlation of the Endangered Species
<br />Act and achie...ement of other long-standing nalional
<br />goals. 0
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<br />1M f.nvj'otlm~nrDI FortJm .1111,/1915 19
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