Case No. 3:07-cv-08164-DGC Grand Canyon Trust v. U.S. Bureau of Reclamation December 7 2007

• Description: 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
• Water Supply Pro - Doc Type: Court Documents

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1 humpback chub in the Grand Canyon have been documented.
2 FIRST CLAIM FOR RELIEF
(Violation of ESA Section 7(a)(2) -- Duty to Ensure Against Jeopardy Against the
3 Bureau of Reclamation)
4 49. Each and every allegation set forth in this complaint is incorporated herein
5 by reference.
6 50. The 1994 Biological Opinion concluded that operating Glen Canyon Dam
7 under a Modified Low Fluctuating Flow regime jeopardizes the continued survival of
8 the humpback chub. Operating Glen Canyon Dam under a Modified Low Fluctuating
9 Flow regime violates ESA section 7(a)(2) prohibition against jeopardizing a listed
10 species.
11 51. FWS offered a Reasonable and Prudent Alternative that, if performed,
12 would eliminate jeopardy to the chub from Glen Canyon Dam operations. RPA 1(A)
13 includes a requirement to operate Glen Canyon Dam under a Seasonally Adjusted
14 Steady Flow regime in low water years.
15 52. Accordingly, by failing to comply with the 1994 Biological Opinion and
16 operating Glen Canyon Dam under a Modified Low Fluctuating Flow regime,
17 Reclamation is violating its mandatory ESA section 7 duty to avoid jeopardy. 16 U.S.C.
18 § 1540(g)(1)(A). Reclamation's failure to ensure against jeopardy renders its
19 operations of Glen Canyon Dam arbitrary and capricious, an abuse of discretion, not in
20 accordance with law, and without observance of procedure required by law, within the
21 meaning of the APA. 5 U.S.C. § 706(2).
22 SECOND CLAIM FOR RELIEF
(Violation of ESA Section 7(a)(2) -- Duty to Ensure Against Adverse Modification
23 Against the Bureau of Reclamation)
24 53. Each and every allegation set forth in this complaint is incorporated herein
25 by reference.
26 54. The 1994 Biological Opinion concluded that operating Glen Canyon Dam
27 under a Modified Low Fluctuating Flow regime destroys and adversely modifies chub
28 critical habitat. Operating Glen Canyon Dam under a Modified Low Fluctuating Flow
Complaint 16
Case 3:07 -cv- 08164 -DGC Document 1 Filed 12/07/2007 Page 16 of 20