Laserfiche WebLink
<br />o G = ,~ 0 9 <br /> <br />. <br /> <br />. <br /> <br />Endangered Species Act. Once the Administration's position has been released the Florez stakeholder <br />"working group" will reconvene and continue to develop additional legislative language. <br /> <br />Defenders of Wildlife, et ai, v. Norton, et al <br /> <br />\ <br />\ <br />\ <br />, <br /> <br />Included in your Board folder are two distinct sets of legal briefs. The first set describes the <br />amici briefs provided by agencies and entities within the three lower basin states in support of the <br />government's motion for smary judgement. These amici briefs were endorsed by the upper division <br />states as well. Basically, the amici briefs assert the positions put forth by the government, including <br />the following: (1) Reclamation met its ESA Section 7 obligations, and (2) that the government, through <br />the State Department, is currently participating in a binational process to evaluate the needs of species <br />and habitats in the Mexican portion of the watershed. <br /> <br />The second set of docwnents include the appeals filed by the States of Arizona, California, and <br />Nevada, as well as many of the individual water and power resources agencies in the three states, <br />regarding the trial court's decision not to allow the states to intervene in the case. The appeals describe <br />the importance of the Colorado River water and power resources to the citizens in each state. Because <br />of the states' interest in the Colorado River water and power resources, the appeals make a compelling <br />argument for D.C. Circuit Court of Appeals to reverse the trial court's original decision to deny <br />intervention. <br /> <br />Yellow-Billed Cuckoo & the Flat-tailed Horned Lizard <br /> <br />On July 25, 2001, the USFWS released a "Finding for Petition to List the Yellow-billed CiJckoo <br />in the Western Continental United States as an Endangered Species." However, because of current <br />budgetary constraints, the USFWS will place the species on the "candidate" list with a finding of <br />"warranted, but precluded." Basically, this means that while the USFWS finds that the bird should be <br />listed as endangered, it will not be, for at least 12 months, because the Service does not have the staff <br />or budget to prepare the listing package and critical habitat designation. <br /> <br />Also, on August 1,2001, it was reported that the U.S. Ninth Circuit Court of Appeals had <br />directed the Secretary ofthe Interior to reconsider h.er decision not to list the flat-tailed horned lizard <br />as a threatened or endangered species. Fortunately, early on in the process, the LCR MSCP Steering <br />Committee and Biological Subcommittee included both the yellow-billed cuckoo and the flat-tailed <br />h.orned lizard in its list of "covered species" and it is developing appropriate conservation measures to <br />ensure that the needs ofth.e species are met within the MSCP planning area. In other words, the MSCP <br />planning process has already begun to treat th.e bird and lizard as though. they were already designated <br />as endangered. <br /> <br />Lower Colorado Water Supplv Proiect <br /> <br />Last March. I discussed with the Board the "Process and Procedures" that we propose to follow <br />in order to make a recommendation to Reclamation concerning who sh.ould be entitled to enter into a <br />subcontract with the City of Needles for Lower Colorado Water Supply Project water. Since that <br /> <br />7 <br />