[Congressional Record Volume 144, Number 26 (Thursday, March 12, 1998)]
[Senate]
[Pages S1884-S1885]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. ALLARD (by request):
S. 1749. A bill to authorize the Secretary of the Interior to provide
funding for the implementation of the endangered fist recovery
implementation programs for the Upper Colorado and San Juan River
Basins; to the Committee on Environment and Public Works.
the upper colorado river and san juan river endangered fish recovery
act of 1998
Mr. ALLARD. Mr. President, today I am introducing the Upper Colorado
River and San Juan River Endangered Fish Recovery Act of 1998,
legislation that is designed to authorize activities taking place on
the Upper Colorado River Basin and the San Juan River Basins to protect
various endangered fish species.
The legislation is the product of meetings between water districts,
[[Page S1885]]
power users, state and federal governments, and environmental groups
and by no means reflects consensus. What it does reflect is a
bargaining point that all agree is the proper place to begin. At the
request of these groups I am introducing this legislation. I would also
like to include in the Record letters requesting that I introduce this
legislation.
I want my position to be clear, it is my view that authorizing
legislation should provide certainty to water users in Colorado under
the Endangered Species Act and should also allow Coloradans a greater
ability to develop their full allotment of the Colorado River. It's
also my view that the Fish & Wildlife Service, who are preparing a
biological opinion on the program, should reach the conclusion that the
program meets the criteria necessary to reach that goal.
So while at this point I am only introducing this legislation upon
request, I hope that after further negotiations among all parties and
the biological opinion issued by the FWS all parties involved will
support this, or subsequent, legislation.
Mr. President, I ask unanimous consent that additional material be
printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Southeastern Colorado
Water Conservancy District,
Pueblo CO, February 24, 1998.
Re Upper Colorado River Endangered Fish Recovery Program--
Authorizing Legislation.
Hon. Wayne Allard,
U.S. Senate, Hart Senate Office Building, Washington, DC.
Dear Senator Allard: As we discussed during your visit to
Pueblo last week (February 19th), the Southeastern District
did not join other water users in signing the Upper Colorado
River Basin Water Users February 13th letter supporting the
introduction of authorizing legislation for the long-term
funding of the Colorado River Endangered Fish Recovery
Program. We now wish to voice our support for introduction of
the proposed legislation, but ask that you consider the
Southeastern District's concerns while moving the bill
through the process.
While we are supporting introduction at this time, we do so
with some measure of concern. Prior to our February 19th
meeting, the Board of the District has held the position that
before authorizing legislation is introduced the fish and
Wildlife Service should first issue a favorable biological
opinion (BO) stating that the Recovery Program does indeed
serve as the reasonable and prudent alternative for all water
projects diverting above the upper Colorado River 15-mile
reach. That BO is not yet complete, so uncertainty still
exists. In addition, the District has been cautious in our
support for the Recovery Program because one of the key
elements of the Program requires a commitment of water from
Ruedi Reservoir, which is a component of the Fryingpan-
Arkansas Project.
The commitment of water from Ruedi Reservoir to augment
flows in the 15-mile reach for endangered fish has not yet
been positively resolved, which is the major reason why the
Southeastern District has resisted the introduction of
Recovery Program legislation. The Fish & Wildlife Service has
made it clear that they want a permanent allocation of Ruedi
Water, or water from another source, to meet the objectives
under the Recovery Program. Such a re-allocation of water may
mean that the original authorizing legislation from the Fry-
Ark Project (Public Law 87-590, August 16, 1962) would need
to be reopened in order to forgive the costs of construction
associated with the Ruedi water, and possibly to authorize
the transfer of the water from the intended irrigation and
M&I use to endangered fish use.
As you will understand, the Southeastern District is
concerned with re-opening our Fry-Ark Project authorizing
legislation without some guarantee that our full entitlements
for irrigation and M&I water deliveries, and other benefits
under the Project, will be protected.
Given these concerns, the District had heretofore withheld
our support for the introduction of Recovery Program long-
term funding authorization legislation. We now ask that the
legislation move forward under your leadership. However, our
continued support for the legislation in the months to come
will in part be contingent upon the positive resolution of
the Ruedi Reservoir water commitment element of the Recovery
Program, and the issuance of a favorable programmatic
biological opinion.
Thank you for considering our concerns as a part of your
work on this important piece of legislation.
Sincerely,
Steven Aryeschoug,
General Manager.
____
State of Colorado,
Office of the Executive Director,
Department of Natural Resources,
Denver, CO, February 25, 1998.
Hon. Wayne Allard,
Hart Building, Washington, DC.
Dear Sen. Allard: I am writing to ask you to introduce
legislation to statutorily authorize the federal government's
participation in the Recovery Implementation Program for
Endangered Fish Species in the Upper Colorado River Basin and
the San Juan River Recovery Implementation Program (Recovery
Programs).
These programs allow water development to proceed while
states, water users, environmental groups and Indian tribes
work with federal agencies to recover four endangered fish
species. However, if the recovery programs are really to
achieve their intended purposes, clear statutory authority is
needed to help ensure that funds will continue to be
requested by the Department of the Interior and appropriated
by Congress.
Water users have assisted officials from Colorado, New
Mexico, Utah and Wyoming to draft legislation that will
provide the needed authority.
However, Colorado water users recognize that statutory
authority alone will not make the programs successful. As a
result, they have been working with me to clarify how the
Upper Colorado River program and the U.S. Fish and Wildlife
Service will address future depletions in the 15-mile reach
of the Colorado River near Grand Junction.
It is my understanding that water users support the
introduction of legislation while these negotiations continue
and may withdraw their support at any time. Introducing
legislation now would also allow Congress to exercise some
programmatic oversight and tailor the legislation to reflect
agreements reached through the 15-mile reach discussions.
I hope that you will introduce this legislation and
continue to support the efforts of water users to ensure the
recovery program continues to offer the best opportunity to
address water needs and environmental obligations to the arid
West.
Very truly yours,
James. S. Lochhead,
Executive Director.
____
Upper Colorado River
Basin Water Users,
Loveland, CO, February 13, 1998.
Hon. Wayne Allard,
U.S. Senate, Washington, DC.
Dear Senator Allard: Thank you for circulating a draft
legislation that would authorize long-term funding for the
Colorado River Endangered Fish Recovery Program. We have
reviewed the draft that was attached to your letter of
November 14, 1997, and believe that this legislation should
receive further consideration by all interested parties. As
is often the case with legislation, of this nature, none of
the organizations that we represent are prepared to endorse
this particular draft, and all of the interested parties have
served their right to suggest amendments to or withdraw
support for legislation. However, we support the introduction
of this legislation at this time, as we believe that the
hearing and markup process will provide the best way to
resolve the remaining issues.
Thank you for taking the time to work on this important
issue.
Sincerely,
H.J. Barry, Denver Water Department; Eric W. Wilkinson,
Northern Colorado Water Conservancy, Resources
District; Larry W. Clever, Ute Water Conservancy
District; Cliff Inbau, City of Aurora Utilities;
Gregory Trainor, Utility Manager, City of Grand
Junction; Dale Tooker, Manager, Clifton Water District;
Richard E. Kuhn, Colorado River Conservation District;
Philip Saletta, Colorado Springs Utilities, Water
Department; Richard Proctor, Manager, Grand Valley
Water Users' Association; James D. Rooks, Orchard Mesa
Irrigation District; John R. Fetcher, Upper Yampa Water
Conservation District; and Alan C. Hamel, Board of
Water Works of Pueblo.
______