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

L
"[s]treamflow
1
at 19 (FWS finding regulation and associated habitat modification" are
'
2
"primary threats to humpback chub populations. ,).2
3
As a result, the chub was first recognized as imperiled in 1967 (32 Fed. Reg. 4001)
4
and is now protected as an endangered species under the ESA. 38 Fed. Reg. 106 (June 4,
5
1973). As a mandatory requirement under ESA section 4(f), FWS prepared a Recovery
6
Plan for the chub on August 22, 1979, which has been revised twice -- in 1984 and 1990.
7
FWS drafted Recovery Goals in 2002. Exh. 9.3
21,
8
In 1994, FWS designated the chub's critical habitat. 59 Fed. Reg. 13374 (March
9
1994). By definition, designated areas are "essential to the conservation," or recovery, of
10
the chub. 16 U.S.C. § 1532(5); id. § 1532(3) (defining "conservation "). Chub critical
t11
habitat includes the lower Colorado River: portions of the Colorado River within Grand
12
Canyon National Park, from Nautiloid Canyon west to Granite Park, and eight miles of the
'
13
Little Colorado River upstream from its confluence with the Colorado River. 58 Fed. Reg.
14
at 13398. This portion represents 48% of the total amount of all chub critical habitat. Exh.
'
15
13 (2007 BO) at 19.
16
II. RECLAMATION'S OPERATIONS OF GLEN CANYON DAM
17
Construction of Glen Canyon Dam caused several adverse impacts to the humpback
18
chub .4 Sediment and the movement of sand within the Colorado River system ensure the
19
formation of shoreline habitats the chub needs for spawning, rearing and feeding. The
'
20
Dam's presence blocks the transportation of upstream sediments and, consequently, has
21
eliminated up to 99% of the sediment load in the Grand Canyon. Exh. 9 (2002 Recovery
"more 95 input is
22
Goals) at 20; Exh. 13 (2007 BO) at 20 (noting than percent of sediment
'
23
2 Although nonnative fish introductions by federal and state agencies have slowed
considerably in recent years (Exh. 3 (1994 BO)), existing introduced fish, such as brown
24
trout, rainbow trout, and channel catfish, still compete with and prey on humpback chub
'
25
end are also a threat to the chub.
Although the Goals themselves are currently being revised, as FWS admits, that
document "provides a complete discussion of the taxonomy, distribution and life history of
26
�he species.' Exh. 13 (2007 BO) at 15.
'
27
Congress authorized the construction of Glen Canyon Dam through the 1956
to
Colorado River Storage Act, which states that the Dam's primary purpose is store and
conserve water for use by the Upper Colorado River Basin states. 43 U.S.C. § 620. A
'
28
secondary function of the Dam is to generate hydropower. Id.
Memorandum in Support of Pls.' 6
Motion for Summary Judgment