<br />OOJ875
<br />
<br />lion from Colorado, Wyoming,
<br />and U rah; and $1. 9 million from
<br />
<br />water users.
<br />The recovery program provides
<br />mitigation for impacts of water
<br />projecrs on rhe endangered fish.
<br />In the 12-year history of the ptO-
<br />gtam, the Fish and Wildlife Ser-
<br />vice has found more than 600 wa-
<br />ter projects, depleting 1,700,000
<br />acre-feet (2 billion cubic merers)
<br />per year, to be in compliance with
<br />the Endangered Species Act, Not
<br />one lawsuit challenging these find-
<br />ings has been filed by any parry,
<br />The San Juan River Basin Re-
<br />covery Implementation Program
<br />has been on a similar track. The
<br />program was instituted in 1992 co
<br />provide for recovery of rwo of the
<br />four endangered species, the
<br />pikeminnow and razorback sucker.
<br />The San Juan basin covers portions
<br />of southwestern Colorado. south-
<br />eastern Utah, and northwestern
<br />New Mexico.
<br />Since inception of the San Juan
<br />recovery p~ogram, about $12 mil-
<br />lion has been expended. The pro-
<br />gram provides Endangered Species
<br />Act compliance for approximately
<br />800,000 acre-feet per year of
<br />depletions in the San Juan River
<br />basin, including depletions for
<br />water projects benefitting the Na-
<br />vajo Nation, Ute Mountain Ute
<br />Tribe, Southern Ute Tribe, and
<br />Jicarilla Apache Tribe.
<br />
<br />Federal Authorizing Legislation
<br />In the mid-1990s, participants in
<br />the Upper Colorado River Endan-
<br />gered Fish Recovery Program be-
<br />gan requesring congressional ap-
<br />propriations in the range of
<br />$5 million to $7 million pet year
<br />to develop the capital facilities-
<br />hatcheries, fish passages, reservoir
<br />modifications-needed to recover
<br />the fish. Congress asked program
<br />
<br />50 . FORUM /or App'id &uarC'h "n4 Public Polity
<br />
<br />participants co define overal1 needs
<br />and ro come up with additional
<br />COSt sharing [0 implement these
<br />projects, These questions also ap-
<br />plied to the San Juan River Basin
<br />Recovery Implementation Pro-
<br />gram.
<br />As a result, HR 2348 was in-
<br />troduced in the House in 1999 co
<br />provide continued funding for the
<br />Upper Colorado and San Juan te-
<br />covery programs. The bill aUtho-
<br />rizes capital project funding of
<br />$46 million in congressionally ap-
<br />propriated funds and recognizes
<br />$17 million in funds contribUted
<br />by the four Upper Basin states and
<br />$17 million contributed by power
<br />users benefitting from the hydro-
<br />electric projects in the Colorado
<br />River basin, In addition, the leg-
<br />islation recognizes in-kind contri~
<br />butions of $15 million by power
<br />users-in the form of I,ost power
<br />that hydroelectric projects would
<br />have" generated if it had nOt been
<br />for the fish-and $S million by
<br />the Colorado Rivet Water Conser-
<br />vation District for Water to ben-
<br />efit endangered fish from Wolford
<br />Mountain Reservoir. These funds
<br />will be used to continue operation
<br />and maintenance of the capital
<br />projects and to continue monitor-
<br />ing fish popularions. Funding may
<br />be continued after that point for
<br />those purposes, but only after
<br />Congress reviews the recovery pro-
<br />grams' accomplishments.
<br />
<br />Power Generators Ante up
<br />Revenues from the hydroelectric
<br />power projects have played a sig-
<br />nificanr role in financing the U p-
<br />per Basin Recovery Ptogram co date
<br />and will playa significant role in
<br />the future. Moreover, power users
<br />have continued ro support legisla-
<br />tion authorizing use of power rev-
<br />enues, for a number of reasons.
<br />
<br />First, there is a cap on the amount
<br />of money that will be devoted to
<br />the program. Second, [he manner
<br />in which the power revenues will
<br />be applied does not affect rates,
<br />Third, Congress receives repons
<br />on the recovery program on an
<br />annual basis as congressional ap-
<br />propriations are requested. And
<br />fourth, thete will be an overall con-
<br />gressional review of any continued
<br />expenditures of power revenues in
<br />2010, The checks and balances on
<br />use of power revenues provided in
<br />HR 2348 stand in stark contrast
<br />to the apparendy unlimited use of
<br />power revenues co suPPOrt Endan-
<br />gered Species Act activities in [he
<br />Columbia River Basin.
<br />The House of Representatives
<br />passed funding legislation for the
<br />bill in July 2000, The Senate
<br />passed the measure in October,
<br />and the bill was signed into law
<br />on October 30. 2000, This legis-
<br />lation was made possible by strong
<br />suPPOrt from all recovery program
<br />participants. including the admin-
<br />istration, environmentaJists, water
<br />users, power users, and the Upper
<br />Basin srates. The federal funding
<br />legislation will ensure continued
<br />funding for the recovery programs
<br />in the Upper Colorado River and
<br />San Juan River basins with congres-
<br />sional oversight.
<br />
<br />Program Successes
<br />The recovery implementation pro-
<br />grams are working for water users
<br />in Utah, Colorado, Wyoming. and
<br />New Mexico. Endangered Species
<br />Act compliance has been provided
<br />on 2.5 million acre-feet per year
<br />of depletions, with no litigation,
<br />Endangered fish are on the road
<br />to recovery. There has been no tak-
<br />ing of water by the Fish and Wild-
<br />life Service for endangeted species,
<br />Instead, water for the species is
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