Environmentalists sue over Pecos River management

July 2002

U.S. Water News Online

SANTA FE -- Federal agencies have violated the Endangered Species Act by allowing parts of the Pecos River to dry, resulting in the deaths of countless Pecos bluntnose shiners, an environmental group alleges in a lawsuit.

Forest Guardians filed a federal lawsuit recently accusing the U.S. Bureau of Reclamation and U.S. Army Corps of Engineers of violating the act.

Large amounts of water are commonly released all at once to satisfy the needs of farmers downstream. This leaves insufficient water for the fish, John Horning of the Forest Guardians said.

``The bureau operates the system as if the farmers own it. The reality is that the American public owns it,'' Horning said. ``Our contention from day one on the Pecos is that the bureau should be operating the dams with more than just agricultural interests in mind.''

Federal lawyers are expected to file a response soon, according to Ken Maxey, area manager for the Bureau of Reclamation in Albuquerque.

``The only thing I'd be willing to say right now is that the drought, which is certainly severe in the Southwest, is acutely severe on the Pecos,'' Maxey said. ``It's particularly difficult to manage a river when you have no water to manage it with.''

Forest Guardians argue that management problems began long before the recent drought.

Horning said the U.S. Fish and Wildlife Service must be notified about any actions that may affect the Pecos bluntnose shiner because it is endangered.

In 1991, the service issued an opinion stating the huge block releases on the Pecos were an obstacle to the recovery of the fish species, according to Horning.

``It's crisis, emergency-room management of the endangered species,'' Horning said. ``Somebody's got to bite the bullet here and realize that fundamental changes are needed, and until fundamental change occurs, we're going to be pestering them night and day.''

Forest Guardians are seeking a court order in the lawsuit to force the Bureau of Reclamation and the Corps of Engineers to reduce block releases and cut irrigation in the Fort Sumner Irrigation District to free water for the fish. The ultimate goal is to establish permanent water storage in the Pecos River system to provide water for the fish in dry periods.


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