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<br />Page 8 <br /> <br />---1- .-i <br /> <br />'f" <br /> <br />.- <br /> <br />13. Environmentalists' Notice of Intent to Sue the U.S. for violations of ESA relating to <br />lower Colorado River Activities. <br /> <br />e <br /> <br />Issue: Do the operations of the Bureau of Reclamation, Army Corps of Engineers, and <br />the International Boundary and Water Commission violate the Endangered Species Act, in that <br />they threaten various endangered species in the United States and in the Colorado Delta in <br />Mexico? <br /> <br />Decision; <br /> <br />A lawsuit has not yet been filed. <br /> <br />Discussion: On December 14, 1999, fifteen U.S. and Mexican environmental groups filed a <br />Notice ofIntent to Sue under the Endangered Species Act against nine federal agencies, <br />including the Secretary of the Department of the Interior. Their letter alleges that "the storage of <br />water in reservoirs at Lake Powell, Lake Mead, Lake Havasu, Lake Mohave; the generation of <br />electrical power at Glen Canyon Dam, Hoover Dam, Davis Dam, Parker Dam; the delivery of <br />water to contract holders in California, Arizona, and Nevada; declarations of surpluses; adoption <br />of annual operating plans; promulgation of regulations for the off-stream storage of Colorado <br />River water; and approval ofthe Imperial Irrigation District to San Diego water transfer" are all <br />discretionary federal activities subject to ESA consultation. Carol Angel and Jennifer Gimbel in <br />my office are coordinating with the other states, regarding litigation strategy, should this lawsuit <br />be filed. In April, Carol participated in a conference call with Lower Basin interests and <br />the feds. Mostly the purpose of the call was to share information that had been gathered <br />from a number of sources. Representatives of Interior reported on preliminary discussions <br />with the environmentalists which, the feds say, were non-substantive. The Interior .... <br />Department is looking into whether the Endangered Species Act applies to the effects of _ <br />government actions outside the U.S. <br /> <br />AG FILE: <br /> <br />P:INRINRGIMBJLICWCBIAGREPORTS1600.DOC <br /> <br />e <br />