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CA Series Part III 10-29-01
As we begin Part III of our series on the Cooperative Agreement this week we will examine the national and regional conflicts that hit the headlines dealing with endangered species issues. The Central Platte Natural Resources District Summer 2001 newsletter notes that Endangered Species Act (ESA) controversies have surfaced from coast to coast, with many related to water issues. Four cases come to mind as examples of national conflicts due to the listing of either threatened or endangered species. In Woodland, Calif., over 1,600 acres of Ms. Domenigoni's (doh-men-eh-go-nees) farm was placed in a 'study area' for the Stephen's kangaroo rat without her knowledge. After discovering private biologists trespassing on her ranch, she was informed that her planned preparation of 800 acres for grain planting would constitute an illegal take of the rats. As a result, she incurred over $75,000 in lost income for each of the three years she was unable to grow grain. She has spent over $175,000 on legal fees, biological surveys and other costs. Her expenses total over $400,000 in lost income and direct costs because of ESA impacts. Another case pitted immigrant Taung Ming-Lin against federal agents. Ming-Lin came to America and purchased 720 acres of land near Bakersfield, Calif., for $1.75 million to grow herbs and vegetables. He spent $100,000 to develop the property and $50,000 for a tractor. After planting only one acre, federal agents confiscated his tractor, arrested Mr. Lin and charged him with destroying habitat critical to the survival of the Tipton kangaroo rat. After the case became public, the government dropped its case against him. Lin was allowed to farm his land after obtaining additional permits and donating $5,000 toward endangered species protection in Kern County. If Lin had been convicted, he faced up to three years in jail and a $300,000 fine. In Bruneau Valley, Idaho, the Fish and Wildlife Service moved to cut off 59 farms and ranches from their water rights to avoid lowering the water level of the hot springs where the Bruneau hot springs snail is found. In 1993, a coalition of landowners filed suit to remove the snail from the protected species list since the snail can be found in concentrations of more than 6,000 snails per square foot. The Courts did rule that the listing was "arbitrary, capricious and abuse of discretion and otherwise not in accordance of the law." Perhaps more familiar to listeners is the Edwards Aquifer case in Texas. The aquifer is the sole source of drinking water for the City of San Antonio and many of the residents of eight Texas counties. It is also used extensively for irrigation. In May 1991, as a result of the failure of regional discussion on management, the Sierra Club brought a lawsuit to force Aquifer users to drastically curtail their existing water use to prevent any harm to several listed species. The club sued the FWS to force the agency to "protect" the species by defining required spring flows and thereby defining usage reductions. In 1993, Federal Judge Bunton issued a ruling under the ESA that a level of springflow must be assured to prevent a taking of the species. The court's order requires the region to cease or drastically reduce water consumption with huge economic and human consequences. In short 1.5 million people must replace a huge portion of their existing, historical water supply. The cost of developing additional water supplies to comply with the Court's orders is reported to be in the billions. On the Platte River endangered species issues have been around since the 1970s. First, is the Grayrocks Dam in Wyoming. In the 1970s the Missouri Basin Power Project proposed to build Grayrocks Dam on a tributary to the North Platte River. The FWS's review under Section 7, under the Act, led to a lawsuit and in 1978, a settlement. A $7.5 million mitigation fee was used to form the Platte River Whooping Crane Trust. Wyoming's efforts to secure future water supplies for the city of Casper on the Deer Creek also raised ESA issues. The creek is a tributary of the North Platte River. One of the mitigation measures involves the State of Wyoming purchasing over 400 acres of land on the Platte, southeast of Kearney. Other proposed projects killed largely because of endangered species issues were the Narrows Reservoir in northeast Colorado and the $500 million Two-Forks Project on the South Platte. Even Central Platte NRD has had to deal with ESA challenges. An proposed integrated water management project called Prairie Bend for groundwater recharge, water quality, recreation and wildlife, had applications for appropriations denied because of impacts jeopardizing endangered species. The relicensing and continued operation of Central Nebraska Public Power and Irrigation District's hydroelectric facilities were driven by ESA issues. The relicensing process took over 13 years and cost tens of millions of dollars. It is this and the related issues that have brought Nebraska and the other basin states together in an effort to establish the Platte River Cooperative Agreement. -30-
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