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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1804(c)(1)(A).8 Previously, Reclamation operated Glen Canyon Dam in accordance with
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the Colorado River Basin Project Act of 1968 (1968 Act), which establishes the amount of
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water to be stored in the Colorado River reservoirs. The 1968 Act mandated the
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preparation of AOPs for all Colorado River dams administered by Reclamation, including
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Glen Canyon Dam. 43 U.S.C. § 1552(b). However, the Grand Canyon Protection Act
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requires AOPs that are "separate and in addition to" the AOPs required for all Colorado
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River dams under the 1968 Act. GCPA § 1804(c)(1)(A). Based on projections for the
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upcoming year and other relevant factors, Glen Canyon Dam AOPs determine how water is
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to be released each month.
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C. FWS's 1994 Biological Opinion And The Seasonally- Adjusted Steady Flow
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Requirement
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1. The Jeopardy And Adverse Modification Finding
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As part of the decision - making process spawned by the Grand Canyon Protection
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Act, Reclamation underwent a second ESA consultation on Dam operations in 1994.
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Despite the changes in Dam operations set forth in the 1996 ROD, FWS concluded
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Modified Low Fluctuating Flows cause jeopardy to the chub and adversely modify chub
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critical habitat in the Grand Canyon and, therefore, violate the ESA. Exh. 3 (1994 BO) at 3;
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id. at 32 ( "the likelihood of recovery in the mainstem Colorado River is still appreciably
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").
reduced
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FWS's conclusion and analysis in its December 1994 Biological Opinion focused on
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the Dam's impacts to chub habitat in the Grand Canyon and Colorado River from altered
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river flows, sediment load, and river temperatures. As set forth in FWS's Biological
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Opinion, MLFF eliminates natural seasonal high and low flows, causes daily flows to rise
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and fall dramatically, and prevents the deposition of the limited supply of sediment that
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would otherwise build and maintain the chub's shoreline habitat. Exh. 3 (1994 BO) at 21-
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24; 26 -31. Further, daily fluctuating flows prevent shoreline habitat areas from warming,
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8 The Grand Canyon Protection Act also required Reclamation to develop operating
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criteria for Glen Canyon Dam. GCPA § 1804(c)(1)(A). On March 3, 1997, Reclamation
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adopted specific operating criteria for Glen Canyon Dam. 62 Fed. Reg. 9447.
Memorandum in Support of Ph.' 10
Motion for Summary Judgment