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Western Water Report: 8 December 2001

WATER AND GROWTH IN COLORADO

This new report is based on approximately 70 interviews with a “who’s who” of Colorado water leaders as well as a review of recent water studies in the state. The 191-page study focuses primarily on legal and policy issues associated with Colorado water management, and includes chapters on trans-basin diversions, environmental protection, water quality management, and interstate obligations. Solution strategies explored in detail include new development, water reallocation, and conservation and efficiency strategies. These subjects are discussed in the context of rapid population growth–a phenomenon facing most of the arid and semi-arid western states.

The report is available for $20 (plus $4 postage) for the hardcopy or $10 (plus $3 shipping) in CD-ROM format from the Natural Resources Law Center (303-492-1286; <www.colorado.edu/Law/NRLC;> <nrlc@spot.colorado.edu)> . A summary of the report is available online at <http://www.Colorado.EDU/Law/NRLC/Water_and_Growth_Summary_Report.PDF>

OGALLALA AQUIFER

On October 11, Senators Jeff Bingaman (D-NM), Pete Domenici (R-NM) and James Inhofe (R-OK) joined in introducing two bills designed to promote conservation of ground water resources in the High Plains states. The High Plains Aquifer Conservation, Monitoring and Coordination Act (S. 1537) authorizes the Secretary of Interior to conduct a hydrogeologic mapping, modeling and monitoring program and establishes a High Plains Aquifer Coordination Council to facilitate federal, state and local conservation efforts.

SUPREME COURT SETTLES NORTH PLATTE WATER SUIT

The U.S. Supreme Court has approved a settlement in a 15-year-long suit between Nebraska and Wyoming over water from the North Platte River, by creating a board to hear complaints before any more suits are filed. Casper Star-Tribune; Nov. 14

UPPER COLORADO RIVER RECOVERY PROGRAM UPDATE

EXTENSION – On Thursday, 12/6, Secretary Norton, Governor Owens of Colorado, Governor Geringer of Wyoming and the Administrator for the Western Area Power Administration signed the agreement to extend through 2013 the Upper Colorado River Endangered Fish Recovery Program. This ensures the continued cooperative work to recover four species of endangered fish while allowing for future water development for agricultural, hydroelectric and municipal uses in the Upper Colorado River Basin.

ELKHEAD RESERVOIR ESCAPEMENT

The Biology Committee decided to limit the scope of work for the study to quantify escapement of nonnative fishes from the reservoir by species and size. This study is not designed to determine whether the numbers and sizes of nonnatives escaping from Elkhead are “of concern to native fishes.” This will be determined separately.

GUNNISON TEMPERATURE CONTROL

The Phase I study indicated that water temperatures reach equilibrium upstream, at Blue Mesa Reservoir, at low flows and farther downstream (below Delta) at higher flows. Moreover, even during spring runoff, when North Fork and Uncompahgre flows are high, releases from Crystal have a significant impact on temperature. Phase II of the study will focus on temperature control devices to increase temperatures instead of flow regulation.

UTAH STOCKING PLAN

The total number of razorback suckers to be stocked in 2002 will be 16,440 in two river reaches.

HABITAT WORKSHOP RESULTS

Based primarily on results of levee removal studies and experiences with Old Charlie Wash, the ideal nursery habitat for razorback larvae includes several factors: a floodplain wetland depression, deep enough to hold water and sustain fishes in 4 out 5 years; shallow enough to dry up in 1 out of 5 years; lots of submerged aquatic vegetation for predator-avoidance cover; in a location and with a wide upstream opening to entrain large numbers of drifting razorback larvae; self maintaining; productive; and good water quality.

FARMERS OPPOSE ALBUQUERQUE’S PLANS TO WITHDRAW WATER FROM RIO GRANDE

Farmers and environmental groups are protesting plans by the city of Albuquerque to take water from the Rio Grande and are urging state officials to consider alternatives. The city, in 1997, adopted a water supply strategy designed to provide water through the year 2060. The city hopes to have a specific plan in effect by 2005. Albuquerque officials want to build a dam, then begin withdrawing water from the San Juan-Chama diversion project. That would decrease the city’s reliance on water from its aquifer. Associated Press <http://enn.com/news/wire-stories/2001/11/11282001/ap_45686.asp>

NEW MEXICO PUEBLO RESTORES RIVERSIDE FOREST

The Santa Ana Pueblo in New Mexico is using revenue from tribal casino and restaurant operations to restore the cottonwood gallery along its portion of the middle Rio Grande. High Country News; 11/19 <http://www.hcn.org/servlets/hcn.Article?article_id=10856>

NATIVE TROUT NEED ROADLESS AREAS

A scientific computer mapping analysis released by the Western Native Trout Campaign demonstrates that native trout species in the western United States are strongly correlated with the region’s remaining roadless areas. The report, Imperiled Western Trout and the Importance of Roadless Areas, used sophisticated geographic information systems to map out the locations of eight native trout species and federal roadless areas. It found a very strong correlation between ‘strong’ fish populations and roadless areas: Gila trout (92%), greenback cutthroat trout (75%), bull trout (76%), westslope cutthroat trout (71%), Colorado River cutthroat trout (62%), Rio Grande cutthroat trout (39%), Bonneville cutthroat trout (32%) and redband trout (17%). The complete report and maps are available online at: <www.westerntrout.org>

WATER QUALITY STANDARDS QUESTIONED

Forest Guardians and Defenders of Wildlife are suing the EPA to force the agency to ensure that New Mexico’s Water Quality Standards adequately protect ESA listed species such as the Rio Grande silvery minnow say ESC sources 11/5. New Mexico’s standards currently provide exemptions for irrigation facilities and dams and according to the lawsuit the state failed to consult with the USFWS on how these exemptions would affect threatened and endangered species.

CUTTHROAT LISTING RECONSIDERED

New Mexico’s state fish, the Rio Grande cutthroat trout, is going to get a second shot at an ESA listing thanks to a lawsuit settlement says the Boulder Daily Camera, AP 11/30. The USFWS rejected the “scarce but popular sport fish” for listing back in 1998 but the Center for Biological Diversity and other environmental groups “promptly challenged the ruling.” “I think the agency realized it was not going to win the case” said the Center.

STATE FISH LISTING TAKE TWO

The courts are once again being called on to force the USFWS to make a decision on whether another state fish, the California golden trout, warrants listing under the ESA says SF Gate 11/29. The lawsuit by Trout Unlimited claims that the USFWS and Interior Secretary Norton failed to meet legal deadlines to list the fish as endangered. For its part an agency spokesperson says “We’re certainly frustrated we don’t have the funds or staff to work on conservation in an effective manner.” Once found in 450 miles of Sierra Nevada streams, its range has been reduced to 84 miles of stream with recent studies suggesting “hybrid goldens may be among populations thought to be genetically pure.”

UTAH CONGRESSMAN LIMITS CALIFORNIA’S TAKE OF COLORADO RIVER

U.S. Rep. Jim Hansen, R-Utah, has attached an amendment to a $600 million California environmental restoration and water development bill that would require California to cut its use of Colorado River water to its legal limit by 2016. The amendment would give statutory backing to an agreement that former Interior Secretary Bruce Babbitt negotiated last year between California and the other Colorado River Basin states.Salt Lake Tribune; 11/8 <http://www.sltrib.com/11082001/nation_w/146996.htm>

GREAT ‘SALMON MASSACRE’ LAWSUIT

Conservation and fishing groups are hauling the Bonneville Power Administration into court to hold the agency accountable for newly released estimates “showing that survival of the young salmon and steelhead migrating through the Columbia was among the worst on record” says the Seattle Post-Intelligencer 11/6. The groups blame the BPA for not spilling enough water through the Columbia River Dams to help the juvenile salmon and steelhead migrate to the ocean and cite a decision to withhold the water for power generation as a violation of laws requiring the agency to “adequately protect” the fish.

A report by the Save Our Wild Salmon coalition has found that “Northwest utility customers could have helped salmon migrate to the ocean this summer by paying less than $2 more per month for electricity” says the Columbian 12/4. In order to save money, the Bonneville Power Administration released only 10% of the NMFS minimum amount of water over dam spillways needed to help salmon and steelhead. As a result, survival rates for the juvenile steelhead migrating past the dams was 20% and between 20% and 60% for chinook salmon, “far below historic averages.”

PACIFIC NORTHWEST ‘AQUATIC BIODIVERSITY CRISIS’

A scientist from the NMFS has warned an international conference that “200 salmon stocks are at risk of extinction or threatened, a decline that roughly follows the level of development along the Pacific Rim” says SF Gate, AP 11/5. The wild salmon and steelhead conference brought experts from the U.S., Russia, Japan and Canada together to discuss the status, threats and the urgent need for greater protection of Pacific salmonids. “Evidence is mounting that salmon survival depends on the diversity of wild stocks, which in turn depends heavily on keeping their environment as natural as possible.”

THOUSANDS OF CULVERTS BLOCK PACIFIC NORTHWEST SALMON

Salmon in the Pacific Northwest are not getting upstream to spawn so their numbers continue to decrease, in part because of the more than 10,000 culverts blocking their way. The fish are failing to negotiate culverts — pipes or arches made of concrete or metal that allow water to flow from one side of the road to the other. <http://enn.com/news/enn-stories/2001/12/12032001/salmon_45761.asp>

AGENCY REJECTS BREACHING SNAKE RIVER DAMS

The Army Corps of Engineers has recommended modifying — not breaching — four lower Snake River dams. The agency is recommending dam modifications to aid passage of the fish by the dams as the “more cost effective” alternative with the “minimal economic impact.” Detailed recommendations are expected early next year and include “spillway improvements, upgraded adult fish passage systems, upgraded juvenile fish facilities and additional fish transportation barges,” in addition to long-term fixes such as “turbine upgrades, removable spillway weirs and surface bypass and collection structures.” Billings Gazette (AP); 12/4 <http://www.billingsgazette.com/index.php?section=local&display=content/local/snakedams.inc>

KLAMATH LONG-TERM SOLUTION HIGHLIGHTED

A National Academy of Sciences panel investigating measures taken to protect ESA listed fish in the Klamath Basin were told by federal biologists that “reducing pollution running off cattle pastures” was the key to “long-term solutions” says the Eugene Register-Guard, AP 11/7. Because the “worst fish kills in recent years” were tied to oxygen depleting “massive alae blooms,” the scientists contend that taking the “difficult steps” to reduce livestock pollution were necessary.

KLAMATH SALMON TARGETED FOR DELISTING

Following up on the delisting of the Oregon coastal coho, the Pacific States Legal Foundation has filed a 60-day notice of intent to ask the courts to delist Klamath River coho says the Contra Costa Times, AP 11/17. According to PSLF “It should be pretty cut and dried. What the government did was virtually identical.” The 1998 listing of coho in southwestern Oregon and Northern California is credited with tipping the balance toward fish protection in Upper Klamath Lake.

STATE WELCOMES DECISION NOT TO APPEAL DELISTING

Washington state’s governor and other officials “applauded” the decision by the Bush administration to not appeal the delisting of a run of wild coho salmon says the Columbian 11/13. Rather than appeal, the NMFS is rewriting rules on the role of hatchery fish in salmon recovery and then plans to review the ESA listing of up to 23 salmon and steelhead species with strong hatchery bred populations. Washington has the world’s largest state-run hatchery program and Gov. Locke affirmed, “The Bush administration made it clear that they are going to support state and regional efforts to recover salmon.”

JUDGE ALLOWS COHO DELISTING APPEAL

A federal judge will allow 8 conservation groups the “right to appeal a decision stripping [Oregon] coastal coho salmon of ESA protection” says Greenwire 11/19. The Bush administration had declined to appeal the case and the environmentalists feared that the decision could eventually result in loss of ESA protections for other runs if the NMFS ended up “adding millions of hatchery fish to tiny wild populations” when making listing determinations. The groups hope the appeal will help them stop timber sales in Umpqua N.F. which were given the “green light” after the delisting decision.

ARE THEY WILD OR ARE THEY HATCHED?

“Many scientists” maintain that “naturally spawned fish are the most likely to conserve much-needed genetic variations” crucial to coping with the wide array of natural hazards says the Seattle Post-Intelligencer 11/13. Others say that although it may be difficult to genetically distinguish between wild and hatchery bred fish, “there are definite behavioral differences.” A “compendium of more than five dozen scientific papers” on the hatchery-versus wild debate found that: “adding hatchery coho hurt [Oregon] coastal coho populations;” of over “300 attempts to use hatchery fish to rebuild wild runs, only 25 were successful;” and hatchery fish do not survive or breed as well as wild fish. Hatchery fish are generally released before wild fish hatch and “gain a competing advantage for living space and food. “Diseases caused by hatchery conditions can be transmitted to wild fish.”

TRIBES CALL HATCHERY FISH A ‘BRIDGE’

Some Pacific-Northwest tribes contend that hatcheries can be useful “as a ‘bridge’ to a time when naturally spawning salmon populations can again sustain themselves” says the Seattle Post-Intelligencer 11/13. They advocate using hatcheries for 25-50 years to “get us through this bottleneck of mortality.”

STATE FRETS OVER BULL TROUT RECOVERY GOALS

Montana is worried that a draft bull trout recovery plan due out next year will not “set firm recovery targets” that would allow them to take the threatened species off the ESA list says the Kalispell Daily Inter Lake 11/19. The state has been unhappy ever since the 1998 listing when the USFWS decided not to make the state population of the fish a distinct population segment. The agency contends the state is putting “too much focus on criteria for delisting” and says the “plan should focus on the means rather than ends for recovery.”

ONLY A WET WINTER CAN BREAK DROUGHT’S GRIP ON MONTANA

In central Montana, wells that produced water even during the Dust Bowl have gone dry this year, and ranchers see disaster without plentiful snowfall this winter. Billings Gazette; Nov. 11 <http://www.billingsgazette.com/archive.php?section=local&display=rednews/2001/11/11/build/local/10drought.inc>

FEET, NOT INCHES, OF SNOW NEEDED TO RECOVER

Parts of Montana that usually get a few inches of snow at a time will need more like 13 feet this winter to alleviate the drought. Billings Gazette; Nov. 12 <http://www.billingsgazette.com/archive.php?section=local&display=rednews/2001/11/12/build/local/10drought.inc>

INITIATIVE WOULD ALLOW MONTANA TO BUY HYDROELECTRIC DAMS

A petition drive has begun to allow voters to set up a commission with the authority to buy 11 hydroelectric dams and supply the state with low-cost electricity. Great Falls Tribune; Nov. 21

TEN YEARS LATER, IDAHO SOCKEYE STILL TOO FEW

A decade of protection and encouragement have had little success in resorting sockeye Salmon runs in Idaho. Idaho Statesman (AP); Nov. 26 <http://www.idahostatesman.com/news/daily/20011126/LocalNews/190777.shtml>

OKLAHOMA WATER TRANSFER

Demonstrators paraded around the annual Governor’s Water Conference in Oklahoma City on 11/10 to protest a deal struck behind closed doors to sell millions of gallons of water from southeastern Oklahoma to drought-stricken Texas. The deal, which is subject to approval by the Oklahoma legislature, has the backing of state officials and the Chickasaw and Choctaw tribes, who say selling surplus water makes good economic sense. But Margaret Ruff, director of the Oklahoma Wildlife Federation, objected to the deal: “The thirsty people are here in this state.” Oklahoman, 11/15 For a copy of the compact, go to <www.state.ok.us/~owrb> <http://www.newsok.com/cgi-bin/show_article?ID=783750&pic=none&TP=getarticle> <http://www.enn.com/news/wire-stories/2001/11/11162001/ap_water_45609.asp>

PARTIAL COMPENSATION FOR FISH KILL

Martin County Coal Co. (Ky) has paid $225,000 to replace the estimated 2 million fish killed by a huge spill of coal waste that filled miles of creeks and rivers with thick sludge. The state, however, will hold on to the money because there’s still too much of the sludge on the affected stream bottoms to allow restocking.

<http://www.enn.com/news/wire-stories/2001/11/11212001/ap_45633.asp>

ESRA ENCOURAGES REGIONAL PLANNING

Reps. George Miller and Frank Pallone are introducing the Endangered Species Recovery Act (ESRA) which not only protects imperiled species but actively works to recover populations as well. Ecosystems do not run along political boundaries, so multi-species, multi-landowner plans are essential for the recovery of species. ESRA also encourages regional stakeholders to work together and allows groups of private landowners to pool their resources to recover species. ESRA establishes an Office of Technical Assistance to assist landowners with regional planning and throughout the permitting process. ESRA allows small landowners that have a minimal impact on endangered species to benefit from a quick and easy permit process.

INTERAGENCY REPORT ON STATUS, TRENDS, AND INITIATIVES IN WATERSHED MANAGEMENT

EPA released the report “Protecting and Restoring America’s Watersheds” describing recent successes and ongoing barriers to effectively using the watershed approach to manage the quality of the nation’s water. This report brings together the ideas of local stakeholders, government employees, and academic evaluators who assess the current state of watershed management and suggest recommendations for improvement in areas such as awareness, monitoring and research, funding, and technical assistance. For a copy of the report, visit <http://www.epa.gov/owow/protecting/>

NATIONAL WATERSHED FORUM RECOMMENDATIONS

500 diverse stakeholders with interests in protecting and restoring aquatic resources met in D.C. in June, 2001. Key issues addressed in the recommendations report include: managing monitoring data and other information; protecting source water; implementing total maximum daily loads; protecting endangered species and habitat; planning for watershed protection; funding watershed projects; and education and outreach. For a copy of the report, visit <http://www.epa.gov/owow/forum>

CORPS ABANDONS NO NET LOSS POLICY

The Army Corps issued a new Regulatory Guidance Letter, dated October 31, on wetlands mitigation. Without any public notice or coordination with other federal agencies who share responsibility for wetlands policy, the Corps has unilaterally ignored the national goal of achieving “no net loss” of wetlands. This policy was established during the first Bush administration and has been the guiding principle of the national wetlands regulatory program since. Under the new guidance, replacement for destroyed wetlands could be provided by preservation or enhancement of existing wetlands, small buffer strips along streams, upland areas, ponds and other waters, or simply deepening an existing wetland for swimming or fishing.

<http://www.usace.army.mil/civilworks/hot_topics/rglmitigation.htm> <http://www.latimes.com/news/science/la-000090434nov12.story?coll=la%2>Dnews%2Dscience

SWANNC REPORT

Ducks Unlimited has released its analysis of the implications of a major Supreme Court decision that removed Clean Water Act protection of isolated wetlands in the United States. The approach was guided by DU’s mission to address habitat conservation issues that are important to North American waterfowl. A key finding highlighted just how important the Swampbuster provisions of the Farm Bill are to the protection of wetlands in several key waterfowl habitat regions. The organization hopes that this work by five of DU’s scientists will contribute positively to the development of improved wetlands conservation approaches in the future. A summary of the report “The SWANCC Decision: Implications for Wetlands and Waterfowl” can be found at: <http://www.ducks.org/conservation/404_report.asp>

OWENS VALLEY DUST ABATEMENT

As part a 1998 settlement between Los Angeles and the Great Basin Unified Air Pollution Control District, the city’s water users must finance a multiphase dust-abatement program. This project is the first stage of a new $250 million reclamation project intended to cut the lake’s dust generation by 99 percent. In the initial stage, Los Angeles must forego some water withdrawals from Owens River above the dry lake. The conserved water, destined for the new web of conduits within the valley, will turn a tenth of the lakebed into a permanent sea of mud. <http://www.sciencenews.org/20011006/bob13.asp>

ATRAZINE

The EPAhas released draft aquatic life criteria document for atrazine. The criteria document is entitled Ambient Aquatic Life Water Quality Criteria for Atrazine and may be obtained from EPA’s Water Resource Center by phone 202-260-7786 or by e-mail <center.water-resource@epa.gov> or <www.epa.gov/OST/standards>

GRANTS TO FUND NUTRIENT RESEARCH

Excessive nutrients are one of the leading causing of impairment of American waters. Overenrichment of waters due to nitrogen and phosphorous lead to algae blooms, fish kills, and low dissolved oxygen concentrations. Sources of pollution include farm fertilizer runoff, human sewage, and factory farms. Working with local scientists and government to develop nutrient criteria and standards is a critical component of curtailing this form of pollution.

The EPA has recently publicized a request for grant applications for the Development of Watershed Classification Systems for Diagnosis of Biological Impairment in Watersheds and Their Receiving Water Bodies. The EPA describes the purpose of the program as seeking the development of regionalized watershed classification schemes that can be used within the context of a national framework to determine ecosystem vulnerability and watershed restoration opportunities. More information can be found at <http://es.epa.gov/ncer/rfa/02newwatclass.html> Applications are being taken now through January 30, 2002.

LAKE IT OR NOT

Overuse and pollution of the world’s lakes threaten nearly 1 billion people who depend on lake water for fishing, irrigation, transportation, tourism, sewage, and drinking water, global experts said during an international conference on lake management held in Japan. More than half of the world’s lakes and reservoirs are already suffering from pollution and drainage, and the problems will worsen as population increases and global warming intensifies, delegates said. The most threatened lakes include the Great Lakes in North America, Lake Okeechobee in Florida, Lake Victoria in Africa, and the Aral Sea. China’s lakes have already been hit hard, with 543 large and medium-sized lakes disappearing between 1950 and 1980. San Francisco Chronicle, Associated Press, 11/12 <http://www.sfgate.com/cgi-bin/article.cgi?f=/news/archive/2001/11/12/> international0419EST0485.DTL

B.C. REPORT SAYS PROVINCE’S DRINKING WATER OFTEN UNSAFE

A government report said the province has Canada’s highest rate of waterborne illness, and giardia and other parasites cause 17,500 cases of illness each year in Greater Vancouver alone. Vancouver Sun; Nov. 20

B.C. FISH FARMS DAMAGE ENVIRONMENT, FORMER JUDGE FINDS

Aquaculture is damaging the marine environment of British Columbia, and some practices may be illegal according to an independent inquiry conducted by a former judge of the B.C. Supreme Court. The Leggatt Inquiry into Salmon Farming in British Columbia found that salmon farm net cages pose a threat to wild salmon and the marine environment and should be removed from the waters of British Columbia on Canada’s west coast. <http://enn.com/news/enn-stories/2001/12/12042001/fish_45763.asp>

CHINA TO SPEND $4.8 BILLION TO CLEAN 3 GORGES WATER

China plans to spend nearly $4.8 billion over the next 10 years to reduce water pollution above the Three Gorges Dam, the world’s biggest hydroelectric project, state media said on Friday. The money would be used to erect more than 260 waste-water treatment plants and some 200 garbage facilities, the official Xinhua news agency said. <http://enn.com/news/wire-stories/2001/12/12032001/reu_china_45760.asp>

CONTROL OF NONPOINT SOURCE POLLUTION FROM MARINAS AND RECREATIONAL BOATING

This is a technical guidance and reference document for use by State, local, and tribal managers in the implementation of nonpoint source pollution management programs. It contains information on the best available, economically achievable means of reducing pollution of surface water runoff from marinas and recreational boating. <http://www.epa.gov/owow/nps/mmsp/>

A BOOK FOR LAKE RESIDENTS

Managing Lakes and Reservoirs, a 400-page manual written for people who live around lakes, answers all your questions on how to protect your lake or reservoir.

How to control algae

Why you must manage the watershed along with the lake Why you might – or might not – want plants growing in your lake What phosphorus does to your lake How barley straw may help your lake How to use models to predict how water quality may change Why people are the most important part of lake management And, the list goes on – for nine chapters – including sources of additional information.

Copies sell for $33.95 plus shipping, with special discounts available. For more information or to order a copy, phone (800) 726-4853 or visit the North American Lake Management Society at <www.nalms.org>