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<br />. <br /> <br />---.- <br /> <br />The Biological Opinion on the Description and Assessment of Operation, Maintenance and <br />Sensitive Species of the Lower Colorado River (BO) was issued May 2, 1997, The BO was issued <br />as a final document. This is a departure from our previous understanding that the document would <br />be issued as a draft, However, there will still be a 45 day comment period and we expect our <br />comments will receive consideration. Reclamation will provide a briefing on the document to the <br />Steering Committee members at 9:00 a.m. on May 9th, in the Arizona Department of Water <br />Resources offices at 500 North 3rd Street, Phoenix, Arizona. Mr. Worthley will attend this briefing. <br />A copy of the Reasonable and Prudent Alternatives section of the BO is included in the Board folder <br />for your infonnation, <br /> <br />On April 15th, the Southwest Center for Biological Diversity filed a complaint against <br />Reclamation for Declaratory and Injunctive Relief in the United States District Court, District of <br />Arizona to prl:'tect the Southwest Willow Flycatcher and its habitat on the Lake Mead Delta, <br />Essentially, the complaint requests that the level of Lake Mead be reduced to elevation J 178 feet <br />mean sea level. California's Attorney General's office will represent California and the Board in <br />the case and has filed a request for dismissal on the basis that California is an indispensable party, <br />which cannot be sued without waiving its Eleventh Amendment immunity rights, California, as an <br />indispensable party in the case, cannot be sued in Federal Court without its permission which it <br />refuses to grant. Therefore, the suit is flawed and should be dismissed. <br /> <br />It is our understanding that the other six Basin states are also filing a request for special <br />appearance under the Eleventh Amendment. The hearing is set for May 15, 1997, Copies of the <br />complaint, which was filed by the Southwest Center for Biological Diversity; my request for the <br />Attorney General to become involved in this case; California's pleading, which were filed with the <br />Federal District Court; and my Declaration are included in the Board folder, The staff of the Board <br />is collecting all of the motions that have been filed in the Federal District Court in Arizona, <br /> <br />With regards to the Southwest Willow Flycatcher, Mr, Kuen Tsay along with representatives <br />of the LCR MSCP will participate in a field survey of the Lake Mead Delta with emphasis on the <br />Southwest Willow Flycatcher and its habitat. <br /> <br />WESTERN WATER PLANNING <br /> <br />Glen Canvon Dam Environmental Studies <br /> <br />Included in the Board folder is a copy of my letter to Mr, Charles Calhoun, Regional <br />Director, Upper Colorado Region, Reclamation, designating me to represent the Board on the Glen <br />Canyon Adaptive Management Work Group Federal Advisory Committee. In the letter, I have <br />designated Mr. Fred Wonhley as the Board's alternate member and stated that he would be available <br />to attend and participate in the Technical Work Group meetings, <br /> <br />4 <br />