Water Ruling Could Have Effect in West: New York Times

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CNN.com - Water ruling could threaten species protection - Feb. 12, 2004 Page 2 of 3 "The purpose of these suits is simply a backdoor attack on environmental laws," said Barry Nelson, a senior policy analyst with the National Resources Defense Council. "And frankly, it's to bust the federal budget as the price tag for complying with environmental- protection laws." Along the California- Oregon line, for example, a similar court case could leave the government with a $100 million bill for water diverted from farmers in 2001 for species protection. Wiese's ruling could also have a significant impact in California, where courts have halted diversions of water to protect the environment, said John D. Echeverria, executive director of the Environmental Law and Policy Institute at the Georgetown University Law Center. "Although this is a case against the United States, it might well lead to billions of dollars in claims against the state of California," Echeverria said. The question now is whether the Justice Department will choose to appeal. If the ruling is appealed and upheld, efforts to protect fish throughout the West could become even more costly. The U.S. Forest Service is being sued over a plan to close irrigation ditches in the Methow Valley in Washington state to provide additional water for endangered fish runs. In New Mexico, the Bureau of Reclamation is seeking court approval to take water from farmers and cities to help the endangered Rio Grande silvery minnow. Marzulla scoffed at the notion that the judgment will break the government's bank. He noted the U.S. Fish and Wildlife Service budget includes about $4 million to protect elderberry bushes along the Sacramento River that may host an endangered beetle. "This judgment is nothing," Marzulla said. "It's not going to do anything other than ... give some small quantity of justice to a few of the farmers who were injured in what was really a pretty rash act." The Endangered Species Act needs to be reined in, Marzulla said. He said protecting species, the original goal of the act, has been lost in the past 30 years as the law has been steadily broadened into a habitat - protection statute. "We're trying to use a hammer to drive a screw into the wall," he said. "It's not working very well. It's very clumsy, and it caused a lot of damage in the process." Copyright 2004 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. Find this article at: http: / /www.cnn.com /2004 /USNVesUO2 /12 /water.payments.ap /index.html Check the box to include the list of links referenced in the article. http : / /cnn.usnews.printthis. olickability. comlpt /cpt ?action =cpt &title =CNN. com +- +Water +ruling +c... 2/12/2004