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<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 <br />