Subject: FW: SW BIODIVERSITY ALERT #65

Subject: SW BIODIVERSITY ALERT #65

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           SOUTHWEST BIODIVERSITY ALERT #65
                        4/10/97          

         SOUTHWEST CENTER FOR BIOLOGICAL DIVERSITY
          silver city, tucson, phoenix, san diego
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TWO SUITS FILED AGAINST ROOSEVELT DAM- TAKE OF 90 FLYCATCHERS
CHALLENGED

In early 1996, the Southwest Center filed suit against the Bureau of
Reclamation for failing to prepare a supplemental E.I.S. analyzing the
effects of enlarging the Roosevelt Dam, thereby flooding out
Arizona's largest population of Southwestern willow flycatchers. The
suit was stayed while the Bureau prepared an Environmental
Assessment to determine if an E.I.S. is necessary. Amazingly, the
Bureau decided an E.I.S. would not be necessary since the take of 90
flycatchers, 20% of the entire subspecies, is not a significant impact.
The stay was lifted on March 31, 1997, allowing the Center to
challenge the no significant impact finding.

While the Bureau found no significant impact, the U.S. Fish and
Wildlife Service determined in a Biological Opinion that the
enlargement of the dam will jeopardize the existence of the
endangered flycatcher. Rather than require changes in dam
management, however, the Service permitted 100% take of all
flycatchers. The loss of 20% of the subspecies is supposed to be
mitigated by the purchase of riparian habitat with only one pair of
flycatchers on it, over 50 miles away. The mitigation site was
previously rejected by Arizona Game and Fish because of
contamination by PCBs. On March 31, 1997, a federal judge granted
the Center 's motion to amend the original suit against BuRec to
include a suit against the Fish and Wildlife Service, claiming that the
offsite mitigation does not remove jeopardy.

The Bureau of Reclamation's first dam, Roosevelt was built in 1911
at the confluence of the Salt River and Tonto Creek. It provides water
to the Phoenix metro area and valley agribusiness. In 1984, following
failed bids to build new dams in the Gila River Basin, the Bureau
decided to increase the height of Roosevelt Dam by 60 feet. In 1990,
it decided to raise it an additional 17 feet. While BuRec asserts that
the flycatcher must go because more water is needed, there is actually
a water glut. Cities in the Phoenix metro area are selling off their
water ranches.

The Southwest Center has proposed that the reservoir not be filled
until the supposed mitigation acres actually support 45 pairs of
flycatchers. Both suits are being argued by Geoff Hickcox of Kenna
and Associates.
Kieran Suckling                               ksuckling@sw-center.org
Executive Director                            520.733.1391 phone
Southwest Center for Biological Diversity     520.733.1404 fax
http://www.envirolink.org/orgs/sw-center      pob 17839, tucson, az 85731