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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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1 <br />1 <br />t <br />fl <br />1 <br />1 <br />F� <br />11 <br />1 impacts to chub habitat. Glen Canyon Dam operations prevent the mainstem of the <br />2 Colorado River from providing habitat for the survival of the chub. It also reduces the <br />3 chub's ability to recover in the river downstream of Glen Canyon Dam and within the <br />4 species' critical habitat. Modified Low Fluctuating Flows prevent the deposit of the <br />5 limited supply of sediment that originates from tributaries to the Colorado River <br />6 downstream of Glen Canyon Dam. Further, fluctuating flows keep water temperatures <br />7 too cold for spawning and foster conditions that are conducive to nonnative fish that <br />8 predate on the humpback chub. <br />9 43. As the ESA requires when a jeopardy opinion is issued, FWS identified a <br />10 "reasonable and prudent alternative" in the 1994 Biological Opinion. To the extent the <br />11 alternative is implemented, Reclamation's operation of Glen Canyon Dam would not <br />12 jeopardize the chub or destroy chub critical habitat. As FWS states in the Biological <br />13 Opinion, <br />14 [S]uccessful completion of the reasonable and prudent alternative is necessary to <br />remove Jeopardy to the humpback chub [] from the proposed action. The <br />15 reasonable and prudent alternative will be accomplished when all elements of the <br />selected alternative have been effected and studies confirm compatibility <br />16 between th[is] species requirements and the operation of Glen Canyon Dam. <br />17 44. In the Biological Opinion's Reasonable and Prudent Alternative 1(A), <br />18 commonly referred to as "RPA 1(A)," FWS calls for "seasonally adjusted steady flows" <br />19 during low water release years. In moderate and high water release years, Reclamation <br />20 can operate the Dam according to its preferred Modified Low Fluctuating Flows. A low <br />21 water year is defined as a year when only the required 8.23 million acre -feet of water is <br />22 released from Glen Canyon Dam. <br />23 45. Seasonally adjusted steady flows, also known as SASF, are described as <br />24 high steady flows in the Spring and low steady flows in the Summer and Fall. <br />25 Seasonally adjusted steady flows are intended to mimic natural conditions on the <br />26 Colorado River, often referred to as the "natural hydrograph." According to the <br />27 Biological Opinion, operating Glen Canyon Dam under a seasonally adjusted steady <br />28 flow regime would not jeopardize the endangered humpback chub nor adverse modify <br />Complaint 14 <br />Case 3:07 -cv- 08164 -DGC Document 1 Filed 12/07/2007 Page 14 of 20 <br />
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