In late 1983, the Colorado Water Congress Board of Directors established the Special Project on Endangered Species at the request of CWC members in the Colorado and Platte river basins facing significant challenges in dealing with the federal Endangered Species Act. Those members pledged full financial support for the Special Project. An Executive Committee of contributors was established, along with legal, technical, and political subcommittees. Tom Pitts, Water Consult, Engineering and Planning Consultants, Loveland was engaged as project coordinator on December 1, 1983.
Given the litigation history of the Endangered Species Act, including the 1978 Tellico Dam decision by the United States Supreme Court, attorneys for the water users advised against litigation as a means of resolving conflicts between water law and the ESA. The goal of the Special Project was to develop an acceptable administrative solution to resolve potential conflicts between continued water development and management under state law and protection of endangered species.
Upper Colorado Endangered Fish Recovery Program
Between 1984 and 1988, the CWC Special Project on Endangered Species (now named the CWC Colorado River Project) represented water users in negotiation of the Upper Colorado River Endangered Fish Recovery Program (Recovery Program). Since 1988, the CWC Special Project has provided representation of water users in Colorado, Utah and Wyoming on the Recovery Program. Water users in Colorado and Utah provide full financial support for the Project. The Project is chartered by the CWC Board of Directors. Tom Pitts, Project Coordinator reports to the Board of Directors and an Executive Committee of contributors.
Recovery Program Goal
The goal of the Recovery Program is to recover and delist four endangered fish species residing in the warm water reaches of the Upper Colorado River basin (Colorado pikeminnow, razorback sucker, humpback chub and bonytail) while water development and management continues in compliance with state water law, interstate water compacts and the Endangered Species Act. Actions taken by the Recovery Program to recover these species are considered by the U.S. Fish and Wildlife Service as providing the ESA compliance measures for existing and future water projects when evaluating impacts of water projects through the Section 7 consultation process. Water for endangered fish is provided in accordance with state law and through cooperative efforts with the U.S. Bureau of Reclamation and non-federal water users. Water provided for endangered fish is administered and protected under state law.
Partners
In addition to the Water Congress, recovery program partners include: the Colorado River Energy Distributors Association, National Park Service, State of Colorado, State of Utah, State of Wyoming, The Nature Conservancy, U.S. Bureau of Reclamation, U.S. Fish and Wildlife Service, Utah Water Users Association, Western Area Power Administration, Western Resource Advocates, and the Wyoming Water Association.
Recovery Program Elements
Currently, the Recovery Program consists of five main elements:
- Instream flows
- Habitat development and maintenance
- Native fish stocking
- Management of nonnative species and sportfishing, and
- Research, monitoring, and data management.
Each of these elements is important to recovery of the four fish species. In addition, the Program includes information/education and Program management elements.
ESA Compliance for Water Projects
Recovery Program actions under the Program elements above provide the basis for ESA compliance for water projects. As of March 31, 2011, the Recovery Program has provided ESA compliance for 1,929 large and small, new and existing water projects in Colorado, Utah and Wyoming. These two downloadable tables summarize the Section 7 consultation by state and river basin. For a definition of the Section 7 consultation process, click here.
Contacts:
Tom Pitts, CWC Project Coordinator, h2orus@waterconsult.com, 970-667-8690