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Case No. 3:07-cv-08164-DGC Grand Canyon Trust v. U.S. Bureau of Reclamation December 7 2007
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Case No. 3:07-cv-08164-DGC Grand Canyon Trust v. U.S. Bureau of Reclamation December 7 2007
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Water Supply Protection
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Case No. 3:07-cv-08164-DGC Grand Canyon Trust v. U.S. Bureau of Reclamation December 7 2007
State
CO
Date
12/7/2007
Title
Case No. 3:07-cv-08164-DGC Grand Canyon Trust v. U.S. Bureau of Reclamation December 7 2007
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CI <br />1 <br />1 <br />1 <br />1l <br />1 <br />fl <br />1 <br />n <br />u <br />1 <br />1 AOPs under the Grand Canyon Protection Act establish monthly water releases for Glen <br />2 Canyon Dam. The monthly releases are the maximum amount of water that can be <br />3 released during any one month. These releases vary each month. In December 2007, <br />4 Reclamation completed the 2008 AOP for the Colorado River System Reservoirs. It <br />5 includes the Annual Operating Plan for Glen Canyon Dam under both the Grand <br />6 Canyon Protection Act and the 1968 Act. <br />7 D. 1994 Biological Opinion On Glen Canyon Dam Operations <br />8 40. Reclamation recognized that the ESA section 7 consultation provision <br />9 applies to Glen Canyon Dam operations due to adverse impacts to the humpback chub <br />10 and its critical habitat. Reclamation and FWS first consulted on Glen Canyon Dam <br />11 operations in 1977. In response, FWS produced a biological opinion on May 25, 1978. <br />12 FWS stated in its biological opinion "that the major reason for the decline of [the <br />13 humpback chub] in this reach of the Colorado River has been the abnormal water <br />14 conditions that result from the operation of Glen Canyon Dam." In particular, FWS <br />15 identified coldwater temperatures and fluctuating flows as causing significant adverse <br />16 impacts to the chub. FWS concluded that Glen Canyon Dam operations jeopardize the <br />17 chub and adversely modify chub essential habitat. The 1978 Biological Opinion called <br />18 for studies regarding water temperatures, the chub's ecological needs below Glen <br />19 Canyon Dam, and evaluating alternative methods for operating the Dam. On April 2, <br />20 1982, FWS confirmed its 1978 "jeopardy" and "adverse modification" opinion. <br />21 41. In 1994, in concert with the NEPA review required by the Grand Canyon <br />22 Protection Act, Reclamation underwent a second formal ESA consultation with FWS on <br />23 Glen Canyon Dam operations. In December 1994, FWS completed its Glen Canyon <br />24 Dam biological opinion. In the 1994 Biological Opinion, FWS determined that Dam <br />25 operations under a Modified Low Fluctuating Flow regime used to facilitate <br />26 hydropower revenues "jeopardize" the humpback chub and "adversely modify" chub <br />27 critical habitat. <br />28 42. FWS's conclusion and analysis in the 1994 Biological Opinion focus on <br />Complaint 13 <br />Case 3:07 -cv- 08164 -DGC Document 1 Filed 12/07/2007 Page 13 of 20 <br />
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