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<br />Page 10 <br /> <br />able to negotiate a stipulation providing water to the minnow, using some of Albuquerque's San <br />Juan-Chama contract water by exchange, conserved water by the Middle Rio Grande . <br />Conservation District, and pumped water from the lot flow conveyance channel into the river. <br />The Court approved the stipulation and ordered medi$tion for a pennanent solution to the <br />problem. We are concerned regarding any position t~e United States may take with respect to <br />releasing San Juan-Chama water directly for instream flows. The federal law authorizing the <br />San Juan-Chama project appears to forbid releases for such purposes. Further, we are concerned <br />about our water in the Rio Grande and whether the federal government is looking to Platoro or <br />the Closed Basin Project to add to the flows for the minnow beyond our Compact delivery <br />requirements. Negotiations have failed and the patties are briefing issues on the motion for <br />preliminary injunction. The final briefs are due nlid-June and the Court will hear <br />argument on June 30. In the meantime, In order t" buy some time to look at a permanent <br />solution, New Mexico has presented a three-year proposal to meet the needs of the silvery <br />minnow hy storing Rio Grande water higher In the system above Albuquerque, rather than <br />In Elephant Butte. The Rio Grande Compact Commission approved the variance in <br />storage. <br /> <br />15. Middle Rlo Grande Conservancy District v.l'\Iorton, CIV. 99-870,99-872,99- <br />144SM/RLl> (Consolidated), NM Federal Distdct Court. <br /> <br />Issue: Whether the rule designating critical habitat for the silvery minnow is valid. <br /> <br />Decision: The rule is invalid. However, the rule. is to remain in operation for 120 days, in . <br />which time the Secretary may issue another rule designating habitat. The federal defendants are <br />seeking an extension of time to complete a new rule <?r, in the alternative, a stay ofthe order <br />pending appeal. The federal district court denied both requests. The United States has filed an <br />appeal in the 10th Circuit and petitioned for a stay to ~Ilow the Fish and Wildlife Service two <br />more years to complete a new habitat designation. ' <br /> <br />Discussion: This case is a consolidation of cases fil~d by the Middle Rio Grande Conservancy <br />District, the State of New Mexico, and Forest Guardi~s that sought court review of the Fish and <br />Wildlife Service's decision to designate critical habitat for the silvery minnow. In an earlier <br />lawsuit filed by environmentalists, the federal district court in New Mexico issued an injunction <br />requiring the Service to designate critical habitat witnin a short period of time, unless more time <br />was needed to prepare an environmental impact statement. In designating the habitat, the <br />Service relied on an environmental assessment and argued that a full EIS was not necessary <br />because designation of the habitat brought no greate~ impacts than what occurred when Service <br />designated the species as endangered. In a strongly worded opinion Judge Mecham held the <br />designation to be invalid. . <br /> <br />The Fish and Wildlife Service has initiated the pu~lic scoping process for a new rule <br />designating critical habitat for the silvery minnow. <br /> <br />. <br />