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<br />368 <br /> <br />CHAPTER 15 <br /> <br />~"'... <br />._ . 't. <br /> <br />I. }i" ':" <br />r .' " <br /> <br />... <br /> <br />. '_' t <br />~,,,,,,-, <br />,.' -.. . <br />, -'lo,,';' ,'<" <br /> <br /> <br />. , ':/' <br />,i\.." , <br />.' l...; <br />1 ~ ~~,,; <br /> <br />'! i' <br /> <br />", <br />," <br />,~':: <br /> <br />~ <br /> <br />,:,,,\, <br /> <br />......, ~ <br /> <br />. "': <br /> <br />I, <br /> <br />t <br />..w <br /> <br />Figure 15.2 Biologists touring the Devil's Hole pool, home of the Devils Hole pupfish, <br />(Photograph courtesy of J. Hawkins.) <br /> <br />but none of these efforts met with success. Since it was apparent that only <br />maintenance of groundwater levels would protect the Devils Hole pupfish and <br />other Ash Meadows fishes, legal action to prohibit removal of groundwater in the <br />area was initiated. In July 1972, before the ESA was passed, the people of the <br />United States, through the Department of Justice, sued the land developer and the <br />state of Nevada as codefendants on a point of water law (Pister 1979). A District <br />Court issued a temporary injunction to prohibit pumping in April 1973. The <br />injunction was made permanent by a unanimous ruling of the Supreme Court in <br />June 1976. Since land ownership and land-use control best assure habitat <br />integrity, attempts were then made to buy Ash Meadows. After the Fish and <br />Wildlife Service (supported by the Nevada Department of Wildlife) tried and <br />failed, the land was bought by a real estate developer, who started a housing <br />development. In 1984, Ash Meadows National Wildlife Refuge was established <br />(Deacon and Williams 1991). Fish Slough (Inyo and Mono counties, California), <br />