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<br />. <br /> <br />. <br /> <br />. <br /> <br />Pacific Rivers Council, and Mr. Michael Norte have filed suit against the USFWS to overturn its <br />decision to not list the Rio Grande cutthroat trout as an endangered species. <br /> <br />On June 11,2002 the Service determined the Rio Grande cutthroat trout, state fish of New Mexico, <br />does not need Federal protection. The Groups allege that USFWS failed to consider whether the <br />cutthroat is endangered in a significant portion of its range and ignored information indicating <br />populations of Rio Grande cutthroat trout continue to be threatened by multiple factors. <br /> <br />Rio Grande Decision Support System: Development of the Rio Grande Decision Support System <br />(RGDSS) is in the final phase of a three-year, $4,960,000 effort. Most of the tools and models for <br />RGDSS have been completed or are near completion. The majority of the work remaining involves <br />modeling tasks associated with the ground water model. Once the ground water model is complete, <br />revised return flow results will be used to update the surface water model for the Rio Grande. <br /> <br />New Mexico Personnel Changes: John D'Antonio has been confirmed as the new State Engineer. <br />Mr. D'Antonio replaces Tom Turney. Also, Mr. Estevan Lopez has been confirmed as the new <br />Interstate Streams Engineer. <br /> <br />San Juan River Basin <br /> <br />Navajo-Gallup Project Update: The staff continues to work with the Upper Colorado River <br />Commission on the issue of exporting and using Upper Colorado River Basin water in the Lower <br />Colorado River Basin. The Commission reached tentative agreement on a resolution that would allow <br />the project to proceed in accord with the Colorado River and Upper Colorado River Compacts. The <br />proposed resolution was then shared with the Lower Basin States. Nevada has indicated that it will not <br />sign such a resolution but would give New Mexico a letter of support for the project. California still <br />has not considered the resolution given all the work associated with the QSA. Arizona would like to <br />see a 7-state resolution. Furthermore, given Nevada's resistance to the resolution, Utah is having <br />second thoughts about signing. The Upper Basin states met in Utah on February 14'h to further discuss <br />this issue with Colorado and Wyoming sharing a proposed joint letter of support. Utah subsequently <br />agreed that a resolution would be preferable and is drafting a revised resolution, which we are still <br />waiting to see. <br /> <br />Animas-La Plata Project: Staff has been participating with Reclamation and others on the "Project <br />Operations Committee" (POC) formed to oversee the long-term operation, maintenance and <br />replacement activities ofthe project. <br /> <br />By consensus, it was recommended that the POC pursue a "track" with the idea that the POC is an <br />oversight committee for the Operating Entity. Reclamation would then contract directly with the <br />Operating Entity that was selected by the POCo It was tentatively decided by the POC to pursue a final <br />version ofthe bylaws and to prepare a draft O&M transfer agreement, which would be between <br />Reclamation and the Operating Entity. This O&M Agreement would then specify the relationship <br />between the POC, Operating Entity and Reclamation. <br /> <br />Reclamation will check with their Solicitor to see if preparing one O&M Agreement is a viable option. <br />Ifnot, then the POC Agreement and a separate O&M Agreement would be prepared. <br /> <br />A separate subcommittee was formed to draft the O&M Agreement consisting of one (1) representative <br />each from Reclamation, Ute Mountain Ute Tribe, Southern Ute Indian Tribe, ALP District and San <br />Juan Water Commission. A draft O&M Agreement will be submitted to the committee members by <br />Reclamation prior to March 1. The committee met on March 5 to prepare a draft for the POCo The <br />next meeting of the POC will be in Durango on April 8. Also, the CWCB has been cooperating with <br />the Attorney General and others as necessary in the modifications to the project water rights <br />necessitated by the passage of the Colorado Ute Indian Water Rights Settlement Act Amendments of <br />2000. A hearing is set on certain legal motions for June 6. Project construction remains on schedule <br />with excavation for the dam's footprint to begin in late summer of 2003. <br /> <br />31 <br />