BOARD01900

• Board Meeting Date: 11/20/2000
• Description: WSP Section - Colorado River Basin Issues - Colorado River Delta Issues
• Board Meetings - Doc Type: Memo

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STATE OF COLORADO

Colorado Wate! Conservation Board
Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
wvro:.dnr .state.co. us! cwcb

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MEMORANDUM

Bill Owens
Governor

Greg E. Walcher
Executive
Director
Dan McAuliffe
eweB Director
(Acting)

TO:

Colorado Water Conservation Board Members

FROM:

Randy Seaholm #"

DATE:

November 17, 2000

SUBJECT:

Agenda Item 23(0, November 20-21, 2000 Board Meeting - Colorado
River Basin, Colorado River Delta Issues

Background

Protection and conservation of the Colorado River Delta (Delta) in Mexico have long
been an environmental concern, Delta issues were discussed at some length during the
development of the Lower Colorado River Basin Multi-species Conservation Plan, but
were appropriately left out of that process, Subsequently, on May IS, 2000 the D.S,
Secretary of Interior Bruce Babbitt and the Secretariat of Environment, Natural
i~~so .<,-:;::3 and FlsJ-:erl>:s of :he Gni[ed rvIexican Stales ~1. J u;iJ.I1 C:"'l'~bias entti-ed into

the, "JOINT DECLARATION BETWEEN THE DEPARTMENT OF THE INTERIOR
(DOl) OF THE UNITED STATES OF AMERICA AND THE SECRETARIAT OF
ENVIRONMENT, NATURAL RESOURCES AND FISHERIES (SEMARNAP) OF
THE UNITED MEXICAN STATES TO ENHANCE COOPERATION IN THE
COLORADO RIVER DELTA" ("Joint Declaration"), The "Joint Declaration" is
attached for your information,

Furthermore, the Defenders of Wildlife v, Babbitt No, OOCV1544 lawsuit was filed on
June 2S, 2000 in Washington D,C. The lawsuit alleges failure of federal agencies to
comply with the Endangered Species Act (ESA) in analyzing its Lower Colorado River
operations, The complaint focuses on Reclamation's failure to consider the impacts of its
actions on federally listed species in the Delta in Mexico, The purpose of this action was
certainly in part to slow down the adoption of "Interim Operating Criteria for Colorado
River Reservoirs" which environmental groups belie'le would reduce the flows reaching
the Delta over the next IS-year period, The three Lower Colorado River Basin States and
water and power users in those states moved to intervene in this lawsuit. The four upper
basin states did not petition to intervene, The plaintiffs, Defenders of Wildlife et.al, filed
a motion in opposition to the Intervener's motions on September 25, 2000, The plaintiffs
stated the lawsuit is to ensure federal agency compliance with ESA and the National
Environmental Policy Act. The relief sought would affect none of the interveners, The
plaintiffs had no objection to the interveners participating as amicus curiae. On October
13,2000, U.S, District Court Judge James Robertson denied all motions to intervene.