Middle Rio Grande Endangered Species Act Lawsuit Agreement

On June 29, 2001, the State of New Mexico and the United States finalized an historic agreement that provides the basis for a Reasonable and Prudent Alternative (RPA) that allows short-term compliance with the Endangered Species Act (ESA) for all existing and historic water users and water operations on the Rio Grande and its tributaries above Elephant Butte Dam within New Mexico. Accordingly, the State of New Mexico ( the Attorney General, the State Engineer and the Interstate Stream Commission), and the United States have filed motions to dismiss the ESA lawsuit on the Middle Rio Grande, Minnow v. Keys (formerly Minnow v. Martinez), which was filed against the federal government in U.S. District Court by environmental interests in 1999.

The CWA accomplishes three major goals. First, it provides sufficient water to maintain limited flows in critical reaches of the middle Rio Grande for the next three years in a manner that promotes the survival of the endangered Rio Grande silvery minnow and Southwestern willow flycatcher. Second, it allows implementation of other activities and measures that will also promote the survival of these species. Third, the CWA ensures compliance with State of New Mexico water law and provides protection for all New Mexico water users in the Rio Grande basin above Elephant Butte Reservoir from legal liability under the ESA for a period of three years.

As noted by Secretary of the Interior Gale Norton, the CWA "...is a vital step towards a long-term plan to protect and ultimately recover the silvery minnow." The Interstate Stream Commission will continue to be a leader in ongoing efforts to seek long term solutions to promote the survival of the minnow and flycatcher and is committed to ensuring successful implementation of the CWA in the short term. Both the Interstate Stream Commission and the State Engineer strongly support resolution of ESA compliance issues through collaborative problem-solving efforts.

Details on the CWA and actions leading up to June 29, 2001 agreement are provided below. In particular, the Agreement Details link describes the State's proposal, its genesis, and resulting implementing agreements and federal decisions in some detail. The last link takes the reader to the U.S. Fish and Wildlife Service's Programmatic Biological Opinion, which is the document that explains the RPA that allows current federal water management activities and non-federal water use to continue while protecting the middle Rio Grande species listed under the ESA.

The ISC and State Engineer would like to thank the many agencies and individuals who made this historic agreement possible, and in particular would like to thank New Mexico Senators Pete Domenici and Jeff Bingaman and New Mexico Attorney General Patricia Madrid, all of whom were instrumental in making the agreement possible.

The Middle Rio Grande Endangered Species Act Lawsuit Agreement Documents are in .PDF format which require the Adobe Acrobat reader for you to view. If you do not have the Adobe Acrobat reader, it is available free for various platforms, PC, MAC, Unix, etc. To download a copy click the Get Adobe Acrobat icon...

Agreement Details -- This document provides a comprehensive description of the Conservation Water Agreement.

March 5, 2001 Settlement Proposal -- The State's original proposal to the U.S. that provided the basis for the Conservation Water Agreement.

April 11, 2001 Rio Grande Compact Commission Resolution -- The resolution of the Rio Grande Compact Commission that consented to the departure from normal operation schedules of the Corps' Middle Rio Grande Project Reservoirs to allow the operation of the Middle Rio Grande Conservation Pool.

July 20, 1999 Interstate Stream Commission Resolution -- The resolution of the New Mexico Interstate Stream Commission to conduct a substantive, collaborative problem-solving process to meet endangered species habitat needs in the middle Rio Grande.

December 7, 2000 Interstate Stream Commission Resolution -- The resolution of the New Mexico Interstate Stream Commission regarding delegation of authority to Secretary to execute Middle Rio Grande Endangered Species Act Collaborative Program Agreement.

April 25, 2001 Interstate Stream Commission Resolution -- The resolution of the New Mexico Interstate Stream Commission regarding an interim negotiated solution to Middle Rio Grande Endangered Species Act litigation.

April 12, 2001 Jemez Canyon Reservoir Storage Memorandum of Agreement -- The agreement among the Pueblo of Santa Ana, the New Mexico Interstate Stream Commission and the U.S. Army Corps of Engineers that allowed storage of a portion of the Middle Rio Grande Endangered Species Conservation Pool in Jemez Canyon Reservoir.

April 12, 2001 Abiquiu Reservoir Storage Memorandum of Agreement -- The agreement between the New Mexico Interstate Stream Commission and the U.S. Army Corps of Engineers that allowed storage of a portion of the Middle Rio Grande Endangered Species Conservation Pool in Abiquiu Reservoir.

April 12, 2001 Endangered Species Conservation Pool Memorandum of Understanding -- The agreement between New Mexico (the Interstate Stream Commission and the Attorney General) and the U.S. (the Army Corps of Engineers and the Bureau of Reclamation) that established the Middle Rio Grande Endangered Species Conservation Pool.

June 29, 2001 Conservation Water Agreement -- The agreement between New Mexico and the U.S. that established the terms and conditions of Middle Rio Grande Endangered Species Conservation Pool operations.

July 3, 2001 Rio Grande Water Management Agreement -- The agreement between the Middle Rio Grande Conservancy District and the U.S. (the Fish and Wildlife Service, the Bureau of Reclamation and the Army Corps of Engineers) that established the terms and conditions of management of water in the Middle Rio Grande.

June 29, 2001 U.S. Fish and Wildlife Service Biological Opinion -- This is a link to the U.S. Fish and Wildlife Service's Programmatic Biological Opinion that analyzes the effects of the water management actions of the Bureau of Reclamation, the Corps of Engineers and all non-Federal entities on endangered and threatened species within the middle Rio Grande.