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<br />. <br /> <br />. <br /> <br />coverage similar to that provided in the No Surprises Rule. <br /> <br />Rio Grande Silvery Minnow. et al. vs. John Keys. et al. <br /> <br />On January 5th, the United States 10th Circuit Court of Appeals dismissed the appeal in the <br />Rio Grande Silvery Minnow case and vacated the Circuit Court's earlier panel opinion. The Court <br />noted that because of climatological conditions within the Rio Grande basin, Reclamation did not <br />have to reduce any water deliveries to water users. The Court noted that favorable climatic and <br />hydrologic conditions worked to preserve the habitat of the Silvery minnow and the Southwestern <br />willow flycatcher. Given that the U.S. Fish and Wildlife Service had prepared a revised biological <br />opinion associated with Rio Grande reservoir operation, which Reclamation was implementing, the <br />Circuit Court's prior opinion and order were now moot. The Court vacated the prior opinion. The <br />Circuit Court did not vacate the District Court's order, as there may still be unresolved issues that <br />require additional litigation. <br /> <br />Lower Colorado River Multi-Species Conservation Program (LCR MSCP) <br /> <br />First, the Technical Contractors and LCR MSCP participants have reviewed all of the <br />comments received on the administrative draft EISIR documents and are incorporating suggested <br />comments and editorial changes in the next iteration of the documents. The next iteration of the <br />LCR MSCP EISIR is slated for release in the Spring 2004. <br /> <br />Second, the Department of the Interior has confmned that the LCR MSCP EISIR Record of <br />Decision (ROD) will be signed by Secretary of the Interior Norton. The schedule for finalization <br />and signing of the ROD is late-November 2004. This requires a substantial period of review and <br />sumaming within the Department, and means that the documents (i.e., HCP, BA, and EISIR) need <br />to be ready for review in the Washington Office by late-spring or early-summer. <br /> <br />Third, the Technical Contractors have refined a mitigation proposal addressing the Arizona <br />Bell's vireo (BEVI), an LCR MSCP covered species. There has been some concern that the LCR <br />MSCP Conservation Plan did not adequately mitigate all impacts if some of the proposed BIA <br />agricultural development projects were implemented. Consequently, the revised BEVI mitigation <br />proposal addresses all potential impacts to honey mesquite types III and IV and ensures that there <br />is sufficient mitigation included in the Conservation Plan. Currently, a total of 1,200 acres of <br />mesquite mitigation is included in the Plan, of this 1,200 acres, 610 acres could be classified as <br />mitigation toward impacts to honey mesquite type Ill. If additional impacts to BEVI habitat in <br />honey mesquite type IV, the BIA will identify the amount of acreage affected and propose a <br />mitigation strategy at the time the specific agricultural development project is proposed and <br />analyzed. <br /> <br />Finally, the LCR MSCP Implementation Issues Subcommittee continues to refine the <br />proposed LCR MSCP legislative strategy. Draft legislation is being prepared and reviewed by the <br />participants. A scope-of-work for a Legislative Coordinator is being developed and reviewed. This <br />proposed position would coordinate all activities related to the development oflegislation, working <br />with agency legislative liaisons in Washington, D.C., and ensuring that all appropriate congressional <br /> <br />8 <br />