9417

• UCREFRP Catalog Number: 9417
• Author: U.S. Department of the Interior.
• Title: Final Environmental Assessment
• USFW Year: 1998.
• USFW - Doc Type: Acquisition and Enhancement of Floodplain Habitats along the Upper Colorado, Green, and Gunnison Rivers as part of the Recovery Program for Endangered Colorado River Fishes.
• Copyright Material: NO

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A willing landowner could voluntarily (i.e.,
without the expectation of compensation)
provide the habitat through an agreement,
donation, exchange, or partnership; or the
landowner could be compensated for providing
and protecting habitat by selling an easement,
lease, or in fee. The approach selected and used
for any given property would depend on the
wishes of the landowner.

The terms of an agreement or easement would be
those needed to:

1) protect existing floodplain habitat qualities;

2) prevent any future flood control measures;

3) enhance the habitat qualities of the property,
where warranted, to benefit endangered fishes;
and

4) allow access to the property for scientific
study and monitoring.

This alternative would protect the quality and
quantity of bottomlands that flood under existing
flow conditions, and provide additional habitat
by enhancing floodability (e.g., levee breaching)
where feasible.

Where possible, the Program would enter into
agreements and partnerships with land
management agencies to use public lands. The
Program could not rely entirely on public lands,
however, because there is not enough public land
in the Upper Basin that currently floods under
existing conditions and/or that could be made to
flood via levee removal to achieve and sustain
recovery of endangered fishes.

There may be instances where, without monetary
compensation, a private landowner would be
willing to voluntarily protect hislher land to
benefit endangered species. Under this scenario,
however, there would be no guarantee of long-
term habitat protection unless the landowner was

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willing to enter into a legal agreement. And,
scoping has shown that it is unlikely that there
would be enough private landowners that would
come forward to volunteer their lands to benefit
the endangered fishes. . Therefore, this approach
could only be used in conjunction with other
approaches to supplement habitat acquisition,

Donations and exchanges were also considered
to have some merit for providing and protecting
habitat. Again, however, it is not anticipated that
this approach by itself would yield enough
habitat in a timely manner, though this could also
be used to supplement other approaches.

Land acquisition through purchase seemed to
offer a flexible approach for providing a large
quantity of high-quality floodplain habitats in a
timely manner. This has the potential for
providing permanent rights to these floodplains,
allowing for enhancement activities necessary to
restore these habitats and protect them in
perpetuity.

The ID Team identified, discussed, and evaluated
the primary ways of purchasing interests in
floodplain properties. The options included
buying in fee, lease agreements, and easement
acquisitions. The only method immediately
ruled out as an option was condemnation. It is
the policy of the Recovery Program to acquire
habitat only from willing sellers. Following are
each of the major methods for acquisition of
bottomlands through purchase.

Lease agreements are generally written for a
specified period of time. The endangered fishes
will need habitat in perpetuity, however, so lease
agreements were not considered to be a viable
option except in cases where ponds may be used
temporarily for rearing fishes.

In cases where the landowner wishes only to sell
in fee, then the Program would seek to make a
fair offer (assuming the property is found to have
habitat qualities that would benefit the