Albuquerque Journal
June 27, 2003
Editorials & Opinion:
Guest columnist
Gale Norton

Court Ruling Undermines Cooperation on Minnow

You can't blame New Mexicans for shaking their heads in disbelief when it comes to the Rio Grande silvery minnow. In recent years, the tiny endangered fish has been at the vortex of water issues on the Rio Grande, challenging federal and state governments to work with local communities, farmers and other water users to more efficiently and effectively distribute scarce water in the middle of a drought.
The issues are difficult and made even more complex by the ongoing drought. Under the Endangered Species Act (ESA), federal agencies must ensure their actions avoid jeopardizing the minnow.
Meanwhile, the drought has triggered further restrictions under Article 7 of the Rio Grande Compact on the ability to store water in New Mexico reservoirs for the people of New Mexico and the minnow. Finally, there are the needs of New Mexicans, who depend on the Rio Grande for drinking water and irrigation.
The Interior Department plays a pivotal role because it has both the U.S. Fish and Wildlife Service — responsible for administering the ESA — and the Bureau of Reclamation, the manager of federal water projects.
Thanks to the efforts of Sen. Pete Domenici, R-N.M., and others in New Mexico, we have made great progress in addressing this complex situation in a spirit of cooperation.
A consortium of public and private entities, known as the Middle Rio Grande Collaborative Program, is developing and implementing practical, long-term solutions to address the challenge of balancing water demands.
Meanwhile, the Interior Department has worked with the many stakeholders in New Mexico to complete a 10-year biological opinion for the minnow that incorporates the best scientific information and practices available to ensure the short-term survival and lay the foundation for long-term recovery of the species.
In fact, the minnow has been a sterling example of what I call cooperative conservation.
The fundamental premise of cooperative conservation is that litigation and conflict are inefficient and ineffective ways of addressing our nation's environmental natural resource challenges.
If we are going to conserve our land and water and the wildlife that depend on them, we must tap into the greatest conservation resource we have — the people who live and work on the land.
Likewise, it only makes common sense to have our forests, rivers, wetlands and other resources managed by professionals rather than by judges and lawyers.
With the silvery minnow, for example, Fish and Wildlife Service biologists and Bureau of Reclamation managers have worked hand-in-hand with New Mexicans to find solutions.
A good example is the Albuquerque BioPark's new minnow refugium, a locally driven $1.7 million project on the banks of the Rio Grande that will provide an important haven for minnows while allowing biologists to research better ways to conserve and recover the species.
This year, as portions of the Rio Grande are expected to run dry, biologists will conduct rescue efforts to keep the fish alive, moving the minnows and their eggs to this state of the art facility and then reintroducing them when water conditions improve.
New Mexicans have indeed set an example for the rest of the country on dealing with an excruciatingly difficult natural resource issue.
Unfortunately, the recent 10th Circuit Court decision that could require the Bureau of Reclamation to use water transported from Colorado and northern New Mexico to provide flows to the minnow is a setback for this cooperative approach. This was not a decision that was welcomed by either the Interior Department or most of the stakeholders who have worked hard to conserve the species.
The Interior Department is considering the available legal options. However, we want to ensure the citizens of New Mexico — who must be wondering why this legal roadblock has been thrown in the way of a cooperative approach to meeting the needs of both minnow and people — that we remain committed to working with you.
The issues we face will continue to be difficult, especially if the current drought persists. But together, we can and will meet the challenge.