BOARD01138

• Board Meeting Date: 3/29/1999
• Description: Legislation - Long-Term Funding Legislation
• Board Meetings - Doc Type: Memo

Upper Colorado River and San Juan River Endangered Fish Recovery Program
Long-term Funding Legislation

The bill does not amend the federal Endangered Species Act. It authorizes funding for basin-wide plans
for the conservation of four endangered fish species. The bill authorizes the U.S. Bureau of Reclamation
to share the costs of building capital construction projects under two intergovernmental programs:
. the 1988 Cooperative Agreement to implement the Recovery Implementation Program for the
Endangered Fish Species in the Upper Colorado River dated September 29, 1987; and,
. the 1992 Cooperative Agreement to implement the San Juan River Recovery Implementation
Program dated October 21,1992.

The bill authorizes expenditures of $82 million for Upper Colorado River Recovery Program capital
projects through the year 2005; and the expenditure of$18 million for San Juan River Recovery
Implementation Program capital projects through the year 2007. Reclamation would pay $46 million
toward the cost of completing these projects. The four participating states and power contractors who use
hydroelectric power from the Colorado River Storage Project will pay the remaining $54 million.

The capital projects include ponds for the protection of the genetic diversity and propagation of
endangered fish, the restoration of floodplain habitat and fish passage, the regulation and/or supply of
in stream habitat flows, for preventing fish entrapmerit in canals, and for the removal or relocation of non-
native fish.

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The bill authorizes Reclamation to spend $6 million aimually for costs associated with the two programs.
These costs are known as "base funding" costs. This expenditure is authorized through 2011. After 20 II,
base funding is only provided for operating and maintaining capital projects and for on-going monitoring, ...
unless Congress authorizes additional funding. ..

The Upper Colorado River Program has provided the reasonable and prudent alternative to ')eopardy" for
508 large and small water projects. These projects have an aggregate capability to deplete more than
586,000 acre-feet of water per year.

The San Juan River Program, along with the re-operation of Navajo Reservoir, provides the reasonable
and prudent alternative for approximately 700,000 acre-feet of preexisting depletions and 51,700 acre-feet
of depletions by the Animas-La Plata Project. Continued funding will allow recovery ofthe fish and
provide the reasonable and prudent alternative for new depletions, including tribal depletions.

These cooperative programs are best way to recover the four native fish species. None ofthe program
participants can independently accomplish the programs' measures; continued substantive results can best
be provided through collaborative partnerships. The dual objectives of achieving species recovery while
providing adequate water supplies has created strong state and local support and vested interest on the
part of the programs' participants. The continued issuance of permits and the recovery of the fish and
their habitat are dependent on the programs' continued progress.

Most of the amendments to the Endangered Species Act considered by Congress contemplate changes in
how a species is listed, what constitutes the taking and harassment of a species, or the Act's consultation
provisions. None of the proposed amendments proposed since 1991 eliminate the need for these recovery
programs. Rather, most proposed amendments put greater emphasis on local efforts to protect threatened
and endangered species.

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