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Last modified
8/11/2009 11:32:57 AM
Creation date
8/10/2009 4:11:17 PM
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UCREFRP
UCREFRP Catalog Number
7857
Author
Wigington, R. and D. Pontius.
Title
Toward Range-Wide Integration Of Recovery Implementation Programs For The Endangered Fishes Of The Colorado River.
USFW Year
1996.
USFW - Doc Type
\
Copyright Material
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<br />Does the continued stocking of such non-natives by state or private entities <br />without a nexus to federal action constitute an incidental taking of the <br />listed fishes and necessitate the approval of an HCP under Section 10 of the <br />ESA? <br />5. Once the appropriate presumptive stocks are banked in refugia, to what <br />extent should populations of listed the fishes be re-introduced or <br />artificially augmented in the Upper Basin? <br />6. How should the funding needs of the Upper Basin Program be determined and <br />met over the long term? what regulatory certainty is.appropriate even if the <br />program's funding is stabilized? <br />i. Is the organization of the Upper Basin Program workable and inclusive? <br />8. Should the Upper Basin Program be expanded to address non-listed, native <br />fishes and water quality? <br />SAN JUAN PROGRAM <br />Animas LaPlata Biological Opinion <br />The San Juan Program originated from the reasonable and prudent alternative <br />from the latest biological opinion on the Animas-LaPlata Project (ALP), a <br />federal reclamation project that was planned to ultimately deplete another <br />154,800 acre feet per year from the Animas and LaPlata Rivers in Colorado and <br />New Mexico, tributaries that join the San Juan River near Farmington. <br />After surveys from 1987-1989 documented the survival of a Colorado squawfish <br />population in the mainstem of the San Juan River below Farmington, the <br />biological opinion for the ALP was re-opened and an extensive reasonable and <br />prudent alternative was adopted in October 1991. This alternative presumed <br />that if Navajo Reservoir, an existing federal water project further upstream <br />on the San Juan River mainstem, was re-operated to mimic natural flow <br />patterns, especially during the spring run-off, all existing depletions in the <br />basin totalling some 566,000 acre feet per year plus another 57,100 acre feet <br />of ALP municipal and industrial depletions would not jeopardize the likelihood <br />of the survival of the Colorado squawfish. The BOR also agreed to fund'seven <br />years of research on the factors limiting recovery of the squawfish in the San <br />Juan, and on how best to modify the operation of Navajo Reservoir. Navajo <br />Reservoir operations were then to be permanently modified based on this <br />research. Despite a sharp protest from the SCLDF, this same reasonable and <br />prudent alternative was extended to the razorback sucker in December 1991, <br />after its persistence in the lower reaches and mouth of the Jan Juan River was <br />documented and the razorback was listed. <br />The last element of this reasonable and prudent alternative was that the <br />modified releases of water from Navajo Reservoir be legally protected instream <br />through the. river reaches occupied by the listed fishes to mouth of the San <br />Juan River. Because such legal flow protection was under the jurisdiction of <br />the states of New Mexico, Utah, and Colorado, and the Navajo Nation, a <br />Memorandum of Understanding (MOU) between these parties, plus three other <br />participating tribes (the southern Ute, Ute Mountain Ute, and Jicarilla <br />Apache) and the Department of Interior (DOI) was a material condition to the <br />biological opinion. Along with asserting their respective authorities to <br />legally protect the Navajo Reservoir releases under this MOU, these parties <br />were to develop a recovery implementation program within one year for the <br />listed fishes in the San Juan subbasin. <br />14
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