BOARD02067

• Board Meeting Date: 3/29/1999
• Description: South Platte Director's Report - Preble's Meadow Jumping Mouse Status Report
• Board Meetings - Doc Type: Memo

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STATE OF COLORA.Du
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OFFICE OF THE EXECUTIVE DIRECTOR

Department of Natural Resources
1313 Sherman Street, Room 718
Denver, Colorado 80203
Phone: [phone]
1OD, [phone]
Fax: (303) 866,2115

MEMORANDUM

DEPARTMENT OF
NATURAL
RESOURCES

TO:

Colorado Water Conservation Board Members

Doug Robo~ rz
Preble's Meadow Jumping Mouse - Status Report

Greg E. Walcher
Executive Director

FROM:

Bill Owens
Governor

RE:

DATE:

March 26, 1999

There have been a few developments with respect to the Preble's meadow jumping mouse issue of
which you should be aware,

I) Ditch Maintenance and Repair Guidance Letter: Due to concerns that regular maintenance
and repair of irrigation ditches and canals within the range of the Preble's meadow jumping
mouse could unlawfully "take" the PMJM or its habitat, water users and the Department of
Natural Resources worked with the U.S. Fish and Wildlife Service to secure a guidance letter
describing those ditch maintenance and repair activities that would be acceptable to the Service
under the Endangered Species Act (ESA), This letter is attached for your reference, While
better than no guidance at all, the letter is not very "user-friendly" and is based in part on
flawed logic, However, all involved felt it was important that some progress be made on the
matter rather than hold up important ditch maintenance activities, Therefore, all agreed the
letter should be published to cover the 1999 irrigation season. Future ditch maintenance and
repair activities will be addressed under regional habitat conservation plans now being
developed.

2) Comment period for proposed "4(d)" rule extended to end of April: In November, the
Service issued a draft "4(d) Rule" and requested public comment on it. The Rule would
establish how the ESA would be implemented for the PMJM during an 18 month period after
the rule is finalized, The draft rule specifies geographic areas along the Front Range thought
to be important to the mouse and also list numerous activities that may occur within these
areas that would be exempt from the Endangered Species Act. As such, the 4( d) rule is
intended to reduce regulation that otherwise would face Front range residents and businesses
and "bridge" the time period from the adoption of the 4( d) to the date when more
comprehensive Habitat Conservation Plans are complete, which is now expected in late 1999
or early 2000, Due to concerns expressed by U,S, Senator Craig Thomas of Wyoming, the
comment period on the proposed rule has been extended until the end of April.

3) Regional Habitat Conservation Planning is proceeding: A status report on the regional
Habitat Conservation Planning process for the PMJM is attached for your information,

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Board of land Commissioners. Division of Minerals & Geology/Geological Survey
Oil & Gas Conservation Commission. Colorado State Parks. Soil Conservation Board
Water Conservation Board. Division of Water Resources. Division of Wildlife