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<br />Page 8 <br /> <br />. <br /> <br />keep the river wet and protect the fISh. The issue heated up in 1999, and several lawsuits <br />were filed regarding habitat for the silvery minnow and use of San Juan-Chama Project <br />water. <br /> <br />The most important case this summer is Rio Grande Silverv Minnow v. Martinez. 2 <br />The enviroqmental groups (Defenders of Wildlife, Sierra Club, Forest Guardians, <br />Audubort Sm:iety, and the Southwest Environmental Center) filed suit against the BUI'eau <br />of Reclamation and the Corps of Engineers after the Bureau rewrote a biologieaI <br />assessment ofthe effect of its Rio Grande administration on the silvery minnow. The <br />biological a~ment asserts that the federal agencies have little discretion to make releases <br />from federal reservoirs for thesiIvery minnow and willow flycatcher, becanseof <br />constraints by Compacts, federal law and existing contracts. The environmental groups <br />assert that the U.S. has virtually unlimited authority with respect to federally operated <br />reservoirs. One of the reservoirs mentioned in the complaint is Platoro. <br /> <br />The environmental groups ftled a motion f6l' preliminary injunction in April, <br />requesting the Judge to keep water flowing in the river through the irrigation season. That <br />motion is now ripe, and the Conrt will hold a hearing on July 24, 2000 to determine the <br />issue. Tensjons are extremely high, as the BOR bas just issued an opinion forcing MRGCD <br />to supply alHhe necessary water for theflSh, while-continuing to assert in conrt that the <br />federal age~ must deliver the water to MRGCD users under contract. Colorado is <br />watching c~refully from the sidelines to protect our private water rights holders. <br /> <br />. <br /> <br />13. Defenders of Wildlife v. Babbitt (Environmental vouus' Snit for violations ofESA <br />relatin~ to lower Colorado River Activities. <br /> <br />Issue: Did the Bureau of Reclamation violate the Endangered Species act by failing to <br />adeqnately consider the impacts of its operations Oil the lower Colorado River Oil various <br />endangered species in the United States and in the Colorado Delta in Mexico? <br /> <br />Decision: 0& June 28,2000, eight ofthe U.S. and-Mexican environmental groups that <br />sent the "notice of intent to sue" in December 1999 filed a lawsuit against the 'Secretary of <br />the Iuterior, the Bureau of Reclamation, the Fish and Wildlife Service, the National Marine <br />Fisheries Service, and the Secretary of Commerce. Because of the broad claims regarding <br />Secretarial auth6l'ity to manage the lower Colorado River for the benefit of endangered <br />species in Mexico, the suit has the potential to atTectCoIorado's interests in theClIlorado <br />River. Coloradlt needs to decide whether to attempt inte~ntion in the suit, and what legal <br />strategies and arguments are appropriate. <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 oftheInterioL The lawsuit actually filed in June. <br />2000 dropped some ofthe claims and federal agencies mentioned in the Notice, but remains <br /> <br />. 2 No, 99 CV-1320 (D.N.M. filed Nov. 15, 1999), <br />