4000

• UCREFRP Catalog Number: 4000
• Author: U.S. Department of the Interior.
• Title: Report on Water For Energy in the Upper Colorado River Basin.
• USFW Year: 1974.
• USFW - Doc Type: \
• Copyright Material: NO

required to fully comply with this Act in considering Federal actions
(leases,permits, rights-of-way, etc.), including preparation of necessary
environmental assessments and impact statements.

The Secretary has important duties under the National Wild and Scenic
Rivers System Act (16 U.S.C, ~~ 1271 et ~.) The Department of the
Interior, with the assistance of the Department of Justice, has
filed a claim in an adjudicative case seeking rights for a previously
designated Wild and Scenic River, the Red River in New Mexico. If and
when there are additions to the Wild and Scenic Rivers System in the
five Basin states, it may be necessary to give consideration to the
establishment of rights incident thereto. In the short time available
it was not possible to quantify the potential claims of the United
States in this respect as to the involved states.

Under the provisions of the Endangered Species Act of 1973 (P.L. 93-205),
the Secretary (and all other Federal departments) is required to provide
for conservation of endangered species and to utilize existing authori-
ties to conserve endangered and threatened species and to take no
actions to jeopardize existence of such species. As discussed elsewhere,
there are endangered species in the Basin that require free-flowing
streams for their continued existence in certain specific areas.
Accordingly, these responsibilities are important considerations in
those areas where endangered species are dependent on sufficient water
supplies.

The Fish and Wildlife Coordination Act (16 U.S.C. BB 661 et~. (1970)),
in Section 2{a), requires Federal agencies constructing, permitting or
licensing projects which impound, divert or otherwise modify water-
bodies to consult with the Fish and Wildlife Service with a view to
preventing losses or damages to fish and wildlife "in connection with
such water resource development." Section 2(b) requires that the
Secretary prepare reports on such projects based on Service findings
and make recommendations in support of fish and wildlife conservation.
The Act provides that the project plan "shall include such justifiable
means and measures for wildlife purposes as the reporting agency finds
should be adopted. . . ." The Coordination Act provides authority
for and requires that reasonable steps be taken to protect fish and
wildlife resources, including the use of conditions in Federal permits,
easements or licenses.

There are three Naval oil shale reserves in the States of Utah and
Colorado, the two in Colorado being the largest. The Department of
the Navy has filed a reserved right claim in the name of the United
Statesin the Colorado courts for its Reserves Nos. 1 and 3 for the

9