Grand Canyon Issues
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Brief Summary of Claims in Grand Canyon Trust’s Lawsuit
The Bureau of Reclamation (Reclamation) is violating the Endangered Species Act (ESA) and other federal laws in their operation of Glen Canyon Dam. Dam operations involve the release of stored river water through either steady flows or fluctuating flows. Neither flow regime impacts water supplies or water deliveries in the Colorado River. However, fluctuating flows harm endangered fish, destroy their critical habitat, and degrade the natural environment in Grand Canyon National Park and Glen Canyon National Recreation Area.
In 1994, Fish and Wildlife Service (FWS) determined in a Biological Opinion on Reclamation’s dam operations that fluctuating flows “jeopardize” the continued existence of the humpback chub and “adversely modify” chub critical habitat, and that to avoid jeopardy and adverse modification, Reclamation had to operate Glen Canyon Dam under a steady flow regime called “seasonally-adjusted steady flows.” Reclamation has failed to do so since 1998.
Reclamation has also violated the ESA by never “consulting” on Annual Operating Plans for Glen Canyon Dam. Reclamation has also violated the National Environmental Policy Act (NEPA) by not subjecting its Annual Operating Plans to public environmental review through an environmental assessment or environmental impact statement.
In 2008, Reclamation adopted an Experimental Plan for Glen Canyon Dam that involves two experiments: a one-time, high-flow release and 5 years of steady releases for the months of September and October. The Trust believes that this plan is hugely deficient (only one high-flow in 5 years and only 2 months of steady flows) and violates NEPA and the Grand Canyon Protection Act.
On June 29, 2010, the Court found FWS’s 2009 Incidental Take Statement (ITS) violated the ESA and remanded the ITS for reconsideration. On September 1, 2010, FWS issued its revised ITS. Briefing from both parties is continuing and a final ruling is expected sometime this year.
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