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~5t~~) @~fi.~\ ....~,- . {f:;j;~l~;) O!'l~ 7'\e U l L..--, WATER MANAGEMENT SYMPOSIUM 1994 The Effect of the Endangered Species Act on Westert. Water Management: Improving ESA Implementation Cosponsored by the Western States Water Council, the Western Governors' Association, and the Western Association of Fish and Wildlife Agencies Report on the October 5-7, 1994 Symposium at Grand Junction, Colorado' OVERVIEW AND SUMMARY I. BACKGROUND The Endangered Species Act (ESA) originally became law in 1973. Its goal and methods were unparalleled in United States history, embodying our Nation's commitment to end the extinction of species, still occurring at an unprecedented rate. One of the ESA's earliest successes was the preservation of the bald eagle, symbol of this Nation. Since that time, many other species have been preserved through the efforts of federal agencies, states and private persons under the ESA. The history of the ESA has not been an unqualified success, however. Although few would quarrel with its goals, the severe and sometimes draconian measures employed to secure those ends, and the sometimes limited success of such measures, have engendered sharp criticism of the act. From the western states' perspective, one of the most critical failings has been the federal government's often inflexible and autocratic approach to listing and recovery planning. States have been given only limited opportunities to fashion the remedies required under the ESA, yet have borne a major share of the recovery burden and have been required to dedicate significant state and private resources toward the recovery of listed species. For member states of the Western States Water Council, these concerns have been magnified by the fact that state water allocations can be significantly impacted by ESA decisions to protect aquatic species. These impacts and possible remedies were identified in a paper prepared by I This report constitutes a compilation of the presentations, as well as a summary of the proceedings and an overview of the background leading up to the symposium. While every effort has been made to accurately reflect the proceedings, the staff of the WSWC assumes responsibility for any errors made in summarizing and synthesizing the discussion and presentations. This report summarizes only the symposium proceedings and its working groups' recommendations and is not an attempt to characterize formal positions of the Western Association ofFish and Wildlife Agencies, the Western States Water Council, the Western Governors' Association, or the 'members of these organizations.