Committee on Resources - Hornady-Marshall Auditorium College Park

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Sclontlflc r,val=lon of Biological Opinlom on rmdangorcd and Thrc=hed riocs In the Klamath TtivrrBncln: lnterlin Report (20021 xep: irw�, �a�em,,,, �CnhmlNllylNrlx !ypVlxlm�gyllLAbnl Or�flght ZIN)y 21)iI'l6[ N6lInn;Q Am1Cmv nrticIcNaA u11 l,uxtx =f+cd Preface The federal Endangered Species Act of 1973 has been invoked extensively for the protection of aquatic species In the western United States. Aquatic fauna of the West show extensive endemism because of genetic isolation associated with aridity and with the drainage of many rivers directly to the Pacific. Human intervention in the water cycle of the West is especially pervasive because of the general scarcity of water and the extensive redi .0tribution of water in support of economic growth. Also, the West is growing and develoVIng very rapidly. Thus, an unusual combination of biogeographic, hydroiggic, and socioeconomic circumstances conspire to raise the likelihood that the legit protection of aquatic species will come into conflict with development and use pf water In the West. Fishes of the Klamath River Basin are the focus of perhaps the most prominent current conflict between traditional uses of water in the West and requirements established by law for the protection of threatened and endangered species. This case Is especially interesting in that the federal government Is playing two potentially conflicting roles. Through the U.S. Bureau of Reclamation, the Department of the Interior is attempting to serve the needs of irrigators for water that is derived from the federal Klamath Basin Project. Not only is the delivery of water a contractual obligation of the government, it also is traditional in the sense that water delivery has occurred through the project for almost a century. At the same time, the U.S. Fish and Wildlife Service of the Department of the Interior and the National Marine Fisheries Service of the Department of Commerce are attempting to protect three threatened or endangered fishes of the Klamath Basin drainage (the Lost River sucker, the shortnose sucker, and the Klamath Basin coho salmon). Interested parties, some of whom have livelihoods or cultural traditions at stake, Include fanners, commercial fishing Interests. Native Americans, environmental interests, hunters, and hydropower production interests. Conflicts became openly angry during 2001 when Irrigators were deprived during a severe drought of traditionally available water through the government's issuance of jeopardy opinions on the endangered and threatened fishes. Economic losses were substantial and the changes in water management were a source of great frustration to irrigators. The Endangered Species Act (ESA) sets a framework for determination of future i water u e and management in the Klamath River Basin. The ESA is tightly focused on the req irements for survival of the threatened and endangered fishes, the survival of which ' not negotl ble un r the ESA. Therefore, if the fishes require more water, ESA di that thoy shall ave it, which would Imply that water managers and users mint a merit their water pplies, reduce their demands, or reach other accbm ations consiste t p with the requirements of the species. ile the ESA gives priority to the needs of threatened and endangered species. it also ulres that any aligcation of resources to these species be justified on a scientifi ortechni I basis. The burden for scientific and technical justification falls mainly c n the fede I a encies, and especially the U.S. Fish and Wildlife Service and Nation Marine Fi heTes Service, which are the source of biological opinions on the species Assessm nt of the requirements of any species in a manner that Is scientif ally or tee nically rigorous is difficult and often cannot be accomplished quickly. The ao ncies have assembled considerable data and have interpreted the data as X 966 -d 680 /110'd 9 Z-1 8998998808 s30af10s3N 1"nIVN 100 -woad 98 11 ZOOZ- 80 -93d