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<br />Each Federal agency shall...insure that <br />any action authorized, funded, or carried <br />ou t by such agency does not jeopard ize the <br />continued existence of any endangered <br />species or result in the destruction or <br />adverse modification of habitat of such <br />species which is determined by the Secre- <br />tary. . . to be cri tical, unless such agency <br />has been granted an exemption by the Com- <br />mittee...7 <br /> <br />Development of energy and water resources 1n the West is likely to involve <br />federal funds, permits, or land. Designation of critical whooping crane <br />habitat on the central Platte, wide distribution of endangered and threatened <br />fishes in the Upper Colorado Basin, and rigorous enforcement of the Endangered <br />Species Act suggest major consequences for water development 1n some basins of <br />the West. <br />The Wild and Scenic Rivers Act (PL 90-542) provides for a national system <br />of free-flowing rivers or river segments to protect "outstandingly remarkable <br />scenic, recreational, geologic, fish and wildlife, historic, cultural, or <br />other similar values." The Act features land use controls and prohibition of <br />water project licensing by the Federal Energy Regulatory Commission within the <br />boundaries of the system (see Goode 11, 1979). Land acquisi tion, however, <br />cannot extend more than one-quarter mile from the stream, and water develop- <br />ment up or downstream is permissible if it does not adversely affect the <br />protected area. <br />The Bureau of Reclamation and, to a lesser degree, other federal agencies <br />such as the Army Corps of Engineers and the Soil Conservation Service, are <br />sponsors of a number of water development, flood control, and navigation <br />projects in the West. The Bureau, for example, has conditional rights to <br />develop over 400,000 acre-ft/yr on Colorado's Western Slope; this is about <br />one-ha If of Colorado's remaining enti tlement to Colorado River water. Wh i Ie <br />deauthorization of federal projects makes water available to others, private <br />development simply might be uneconomic. <br />For those federal projects which are built, the Fish and Wildlife Coordi- <br />nation Act (PL 85-264) requires consultation between state and federal fish <br />and wildlife agencies and the construction agencies. However, a study of over <br />100 consultation and flow recommendations suggests that inadequate assessments <br />were conducted in one-fifth of the cases and that enforcement or monitoring <br />was lax in two-fifths of the cases (Nelson and others, 1976). Obviously, this <br />law could be used more effectively to protect fisheries. <br />Finally, engineering "fixes" could be applied to existing structures to <br />improve habitat. For example, cold, clear, tailwater releases from Flaming <br />Gorge Reservoir eradicated habitat of endemic fishes in the Colorado River and <br />diminished trout habitat. A. $4 mill ion modification to the turbine intakes <br />now a llows use of warmer water from the surface of the reservoir and may at <br />least restore a natural trout hatchery to the Green River. <br /> <br />IEndangered Species Act (PL 93-205), 1973. <br /> <br />6 <br />