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. . . Endangered Species Act (ESA), it has the authority to release water from federal projects for the remainder of the year, and as necessary, restrict and prorate the water contracts in the San Juan- Chama Project and the Middle Rio Grande Project during 2003 to cover the deficiency, Due to what the court deemed as impending risk to the endangered fish, rather than remanding the issue back to FWS to consider other actions to protect the silvery minnow, the District Court mandated that Reclamation release sufficient water to maintain streamflows immediately, Judge Parker reasoned, "Given the Department of Reclamation's and the Departm"nt of the Interior's express policy not to release water from Heron in 2002 to benefit the silvery minnow without a court order, coupled with USFWS's acquiescence in that policy, a remand to USFWS is not warranted at this time because of the threat of imminent and irreversible harm to the survival and recovery of the silvery minnow." The opinion also noted that USFWS and Reclamation erred in assuming, without what the court deemed as unsubstantiated scientific evidence, that drought conditions would continue for the next ten to fifteen years. The assumption supported the federal agencies' argument that further capture of water was needed for storage to meet future demands. Though the District Court granted the preliminary injunction forcing the release of water from federal projects, Judge Parker acknowledged that where contract obligations will be affected, compensation for the taking will be due. RGDSS: Development of the Rio Grande Decision Support System (RGDSS) is in the final phase of a three-year, $4,960,000 effort, Most ofthe tools and models for RGDSS have been developed or are nearing completion. The majority of the work remaining involves modeling tasks associated with the Ground Water contract (HRS Water Consultants), Major tasks remaining include (a) updating the hydrogeologic database and previous steady state and average monthly modeling with new aquifer parameter values and (b) full transient monthly modeling. San Juan and Dolores River Issues Eastern San Juan Mountains Weather Modification Permit Hearing: On Oct. 14 Flood Protection Section staff member Joe Busto chaired a public hearing in Pagosa Springs to renew a weather modification permit for the Eastern San Juan Mountains. The project sponsors are the San Juan Water Conservancy District and the Southwestern Water Conservation District. Around twelve people attend the meeting and were proponents of the permit. Graphs presented at the hearing indicated that there is a 2-3 inch difference between east and west mountain snow accumulation. The Districts pay about $80,000 armually for the weather modification, Permit recommendations will be forwarded to DNR Executive Director Greg Walcher for final approval. Telluride Ski Resort Weather Modification Permit Hearing: On Oct. 15 Flood Protection Section staff member Joe Busto chaired a public hearing to renew a weather modification permit in Telluride. The project sponsors are the Telluride Ski Company and the Southwestern Water Conservation District. Four people attended the hearing. Permit recommendations will be forwarded to DNR Executive Director Greg Walcher for final approval. Navajo-Gallup Project Update: The staff has been working with the Upper Colorado River Commission on the issue of exporting and using Upper Colorado River Basin water in the Lower Colorado River Basin. The Commission has been working towards a resolution that will allow the project to proceed in accord with the Colorado River Compact. The Commission has reached tentative agreement on the substance ofthat resolution, The resolution will now be shared with the Lower Basin States. A copy of the proposed Resolution is attached. 18