WSP06350

• File Number: 8220.106
• Description: Animas-La Plata
• State: CO
• Basin: San Juan/Dolores
• Water Division: 7
• Date: 5/3/1990
• Author: Unknown
• Title: Endangered Species Information Packet- ‎(incomplete)‎
• Water Supply Pro - Doc Type: Report/Study

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Wirth/Sheftel
Page 4
May 2, 1990

III. The Role of Squawfish Plantings.

It is possible that the endangered species found in the San Juan River in
1987-1989 are the result of numerous stockings in the Colorado River. The
case of Colorado River Water Conservation District, Southeastern Water Con-
servation District, et aJ., v. James G. Watt, et al. (Andress) was filed in the
U .S. District Court for the District of Colorado in 1978 to remove the Endan-
gered Species Act as an obstacle to the construction of water resource devel-
opment projects on Colorado's western slope. The Districts filed the following
claims:

1) that squawfish and humpback chub were not legally determined to
be endangered species;

2) that the determinations that the squawfish and chub were endan-
gered were not made on adequate biological data;

3) that the Department of the I nterior had wrongfully concluded that
water impoundment structures adversely affect the squawfish and
chub and. therefore, the Districts' projects were being wrongfully
impeded or, in the alternative, assuming the water impoundment
facilities do harm the fish, the federal government is itself violating
the ESA with its dam operations;

4] that the adverse impacts on the squawfish and chub result from
stocking of non-native fishes in the Colorado River system;

5] that the listing of the totoaba was invalid for failure to designate
critical habitat; and

6) that the federal operation of dams on the Colorado River system has
adversely affected the totoaba by virtually eliminating the flow of
water in the Colorado River at its mouth.

The parties settled this case by Stipulation. The
Exhibit "D." In the Stipulation, the Department
Paragraph 5;

Stipulation is attached as
of the I nterior stated at

I nterior agrees that it will provide notice
duces any federally listed threatened
species into any Project area.

before it intro-
or endangered

The Project areas include the Animas-La Plata, Dolores and San Miguel Proj-
ects.

On October 7, 1983, the Service notified the Southwestern Water Conservation
District that pursuant to Paragraph 5 of the Stipulated Settlement, the Ser-
vice "plans to introduce approximately 100,000 Colorado River squawfish into
the Colorado River in the vicinity of Grand Junction, Colorado on or about