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1 <br />t <br />1 <br />1 <br />1 25. FWS approved a Recovery Plan for the humpback chub on August 22, <br />2 1979. FWS twice revised the chub Recovery Plan, in 1984 and 1990. According to the <br />3 Recovery Plan, the humpback chub utilizes the river's shoreline habitats -- usually <br />4 shallow areas and sandy reaches -- to rear their young, away from the river's coldwater <br />5 and nonnative fish that prey upon the chub and these habitat conditions are necessary <br />6 for the chub's survival and recovery. The 1990 Recovery Plan provides that operating <br />7 dams to maximize hydropower revenues causes significant adverse impacts to the chub <br />8 and chub habitat due to high fluctuations in water releases. These flow fluctuations <br />9 produce cycles of inundation and dewatering of chub habitat areas in the Colorado <br />10 River. <br />11 THE COLORADO RIVER SYSTEM AND GLEN CANYON DAM OPERATIONS <br />12 A. 1956 Colorado River Storage Act <br />13 26. Congress authorized the construction of Glen Canyon Dam through the <br />14 1956 Colorado River Storage Act ("1956 Act "). Construction of the 710 -foot high dam <br />15 was completed in 1963. Both Glen Canyon National Recreation Area and the Grand <br />16 Canyon National Park are found downstream of Glen Canyon Dam. Above the Dam is <br />17 Lake Powell, which is the second largest man -made reservoir in the country. <br />18 Reclamation operates Glen Canyon Dam, making decisions on how and when to release <br />19 stored Colorado River water. <br />20 27. According to the 1956 Act, the primary purpose of the Glen Canyon Dam <br />21 is to store and conserve water for use by the Upper Colorado River Basin states. Lake <br />22 Powell can hold approximately 26.2 million acre -feet of Colorado River water. In <br />23 accordance with the 1922 Colorado River Compact, Reclamation must release at least <br />24 8.23 million acre feet per year to ensure Colorado River water is delivered to the Lower <br />25 Colorado River Basin States and Mexico. <br />26 28. According to the 1956 Act, a secondary function of the Dam is to generate <br />27 hydropower. Reclamation's operations of Glen Canyon Dam for the purpose of <br />28 generating hydropower focus on the demand for "peaking" power. Rather than <br />Complaint 9 <br />Case 3:07 -cv- 08164 -DGC Document 1 Filed 12/07/2007 Page 9 of 20 <br />