[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.
                                 ______