[Congressional Record Volume 151, Number 22 (Wednesday, March 2, 2005)]
[Extensions of Remarks]
[Pages E331-E332]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      THE SILVERY MINNOW AGREEMENT

                                 ______
                                 

                             HON. TOM UDALL

                             of new mexico

                    in the house of representatives

                        Wednesday, March 2, 2005

  Mr. UDALL of New Mexico. Mr. Speaker, water is a precious natural 
resource that we must manage as efficiently as possible. Benjamin 
Franklin wrote in Poor Richard's Almanac in 1746, ``When the well is 
dry, we know the worth of water.'' In parts of the West, the well is 
quickly running dry.
  Drought conditions have affected nearly everyone in arid Western 
States in one way or another. Farmers are being forced to sell 
livestock, many cities are in various stages of water conservation, and 
many acres of land have been charred by fire. I believe we must use 
every tool available to confront these water problems, and doing so 
remains one of my top priorities.
  We need to come at this from many different angles since water 
shortages present a multitude of complications. That is why I have 
crafted several pieces of legislation that focus on rural communities, 
water technology and augmentation, and insidious plant eradication.
  I believe the combined effect of those bills plus continued efforts 
in desalination and formation of a national water council will greatly 
improve the situation of dry States like New Mexico.
  Last week, a historic and long overdue agreement was announced in New 
Mexico regarding the silvery minnow. After five and a half years of 
court proceedings, not to mention millions of dollars in legal costs, 
the City of Albuquerque and an alliance of six environmental groups 
announced an agreement that will help ensure the endurance of the Rio 
Grande. The accord signals that water conservation and ecological goals 
on the Rio Grande are vital.
  As part of the agreement, litigants in Silvery Minnow v. Keys agreed 
to drop any claim on the San Juan-Chama water for minnow purposes, as 
well as end their protest to Albuquerque's drinking water project and 
diversion of San Juan-Chama water from the Rio Grande. At the same, the 
City of Albuquerque has agreed to significant conservation measures 
that acknowledge the need for water to sustain the river itself as an 
ecosystem.
  The project has been in legal jeopardy because the Endangered Species 
Act and the city's agreement with the Federal Government to transfer 
water from the Colorado River to the Rio Grande basin also recognize an 
essential need to use that water for ecological purposes.
  The agreement gives the city and its residents legal relief, while 
requiring the city to do

[[Page E332]]

several things to protect the Rio Grande as a living, flowing, natural 
system.
  Mr. Speaker, I am proud that the agreement reached encompasses a 
central component that I advanced through legislation in 2003. I 
introduced the Middle Rio Grande Emergency Water Supply Stabilization 
Act in an effort to find a common-sense approach to sustainable water 
management in New Mexico. I knew then that the ``solutions'' being 
bandied about were little more than quick-fix answers that would not 
solve our real water crisis.
  My bill dealt with these realities and many other crucial issues. It 
set up incentives to conserve our water resources and develop 
collaborative solutions at the local level. It aimed to restore and 
protect the Rio Grande River and the surrounding Bosque, and encouraged 
technological solutions for new sources of water and methods to harness 
such technology to increase water efficiency.
  My bill paved the way for the creation of a conservation pool of 
water to support a living river. This was a very different approach 
than advanced by others. The Albuquerque City Council and a host of 
other entities, including conservation groups, farmers, the New Mexico 
Conference of Churches, and AARP New Mexico endorsed my legislation.
  I am pleased that the accord reached by the city and the 
environmental groups includes my provision. Indeed, for the first time 
on the Rio Grande space will be allocated in the city's Abiquiu 
reservoir for water that will be dedicated to environmental purposes, 
including sustaining endangered species such as the Rio Grande silvery 
minnow. Under the deal, Albuquerque has committed to provide 30,000 
acre-feet of storage space for exclusively environmental purposes.
  In addition, the city committed to help fund a $250,000 pilot water 
leasing program that would pursue agricultural water for environmental 
purposes, and change its water billing system to allow residents to add 
$1 per month to their bills to fund environmental water acquisition for 
the Rio Grande.
  While the agreement is welcome, our work is just beginning. The White 
House's 2006 budget requests $19 million in Bureau of Reclamation funds 
for the Middle Rio Grande Project. That represents a $10.2 million cut 
over current spending. At least $4 million would be cut from funds 
available for activities to maintain compliance with the Endangered 
Species Act.
  In 2003, the Department of the Interior developed a 10-year plan to 
ensure a manageable balance between endangered species and water use in 
the Middle Rio Grande. Implementation of that plan, by the department's 
own estimates, will exceed $230 million. Yet, over the last three 
years, the Bush administration has only proposed investing $19.4 
million.
  Making matters worse, the fiscal year 2006 Fish & Wildlife Service 
budget calls for eliminating $542,000 in funding for the Middle Rio 
Grande Bosque initiative, labeling it a ``lower priority project.''
  Without support from the Bush administration, it will be more and 
more difficult to maintain the balance that is desperately needed. I 
will again do everything I can to see that these disastrous reductions 
are reversed.
  Mr. Speaker, to be a conservationist is to be an optimist. While I 
wanted all of the stakeholders to reach this agreement much sooner, I 
am glad that consensus has finally been achieved. It represents a 
significant step toward a fundamental change in how New Mexico and 
other Western States think about and manage crucial and limited water 
resources. As we approach similar confrontations in the coming years, I 
believe that we can use this historic pact as proof that seemingly 
divergent parties can reach a mutually acceptable and beneficial 
agreement.

                          ____________________