“Colorado’s obligations under the ESA are ‘above and beyond’ the requirements of the compact” — Wildearth Guardians

Rio Grande and Pecos River basins
Rio Grande and Pecos River basins

From the Taos News (J.R. Logan):

Wildearth Guardians has given notice that it plans to sue the state of Colorado over the amount of water pumped out of the Río Grande before it crosses into New Mexico each year. The group argues that irrigation in the San Luís Valley leaves so little water in the river that it imperils habitat of two endangered species — the Río Grande silvery minnow and the Southwestern willow flycatcher.
Jennifer Pelz with Wildearth Guardians told The Taos News that while the lawsuit is based on requirements under the Endangered Species Act, it is meant to address the health of the Río Grande in general. “My focus is the river, the silvery minnow just happens to be the canary in the coal mine,” Pelz said.
Sporadic flows in the Río Grande have long alarmed environmentalists because of the effect on vegetation and wildlife that have adapted to the natural cycle of ups and down. The current drought has left some parts of the Río Grande dry, and diversions up and down the river have significantly altered its natural pattern.

River guides in Taos County have also taken issue with how water in the river is managed. Some have pointed out that Colorado irrigators pull out as much as 98 percent of the river during peak irrigation season, which often coincides with rafting season. They contend that low flows are killing business and hurting the local economy.

However, Colorado farmers point out that the drought is hurting them as well. Officials there point out that the state is still meeting its obligations under the Río Grande Compact, which spells out exactly how much water Colorado must deliver to the state line every year.
The notice from Wildearth Guardians contends that Colorado’s obligations under the Endangered Species Act are “above and beyond” the requirements of the compact.

Pelz said the notice is meant to bring Colorado into the discussion with wildlife managers and irrigation districts in New Mexico to talk about how to manage flows for the health of the river. “We’ve always known that [Colorado] had a role,” Pelz said. “Now is the time that everything is on the table.”

More Rio Grande River basin coverage here and here. More Rio Grande silvery minnow coverage here.

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