Mr. Chairman, my name is David Donnelly, and I am the Deputy General Manager, of the Southern Nevada Water Authority. The State of Nevada is a member and supporter of the Lower Colorado River Multiple Species Conservation Program (MSCP).
The MSCP is an innovative and forward-looking approach to conservation management. We are attempting to find the balance that the stakeholders believe lies between the needs of species and the needs of the millions of residents of the southwest United States. The stakeholder participants have invested substantial funding and a great deal of time to put active conservation to work in this region because we recognize the need to protect species and people too.
The scope of this project and the needs that this project addresses are sometimes difficult to conceive. The Lower Colorado River provides over nine million acre feet of water to the Southwest United States. Over 1.8 million acres of agricultural land is irrigated with this water resource. 12 billion kilowatt hours are generated from its flow. 22 million people get their daily drinking water from the Lower Colorado River. Billions of dollars in recreational benefits are derived from this river that is the lifeblood of the desert southwest. And while we are trying to satisfy all of those need, we are also trying to find the balance that helps restore the ecosystem of the river.
For many years, in this Committee's hearings and in bills reported out of Committee related to species and habitat conservation, you have endorsed public/private partnerships in the preservation of habitat for species. This Committee has worked tirelessly to encourage worthwhile Federal/State and local habitat conservation efforts. We believe that the MSCP is just such an effort. We wanted to take this opportunity to familiarize you with our project and to ask that this Committee, and this Congress, work with us to make an ambitious dream of habitat conservation a reality.
THE LOWER COLORADO RIVER MULTI-SPECIES CONSERVATION PLAN
On August 2, 1995, the United States and the states of Nevada, Arizona and California entered into a historic agreement to develop a Lower Colorado River Multi- Species Conservation Program. The intent of the MSCP is to conserve habitat and work toward the recovery of species included in the plan within the Lower Colorado River floodplain pursuant to the Endangered Species Act (ESA). The parties agreed to work together to reduce the likelihood of additional species listings under the ESA while at the same time accommodating the current water diversions, power production and optimizing opportunities for future water and power development.
The MSCP participants include the water, power and fish and game agencies of the states of Nevada, Arizona and California; the United States Department of Interior; Native American Tribes; local governments and other stakeholders. The geographic area of the MSCP encompasses the mainstem of the Colorado River below the Glen Canyon Dam to the southerly international boundary, including the 100-year flood plain. [A more complete list of MSCP participants can be found in Appendix A to this statement.]
The MSCP is directed through the Program Steering Committee. The Steering Committee is composed of federal, state, local, tribal and private governments and corporations which operate on a consensus based approach to joint decision-making. The parties agreed to pursue an ecosystem-based approach in developing the MSCP for interim and long-term compliance with applicable endangered species and environmental laws and to implement conservation and protection measures for included species and habitats.
THE CONSERVATION CHALLENGE
The Lower Colorado River habitat is diverse and extensive. The focus of the MSCP is to move threatened and endangered species toward recovery and to prevent the future listing of "at risk" species. More than 50 Federal- or state-listed, candidate and sensitive species and their associated habitats, ranging from aquatic, wetland and riparian habitats to upland areas, will be addressed. [See Appendix B for a list of species] Even though the federal government has a significant role in the river, the states of the lower basin all retain trust responsibility for fish and wildlife resources within each of the respective states.
The extent and complexity of this task is complicated by the fact that while a great deal is known about several of the listed species in the MSCP area, there is little information about a number of other species that would benefit from the MSCP. Consider for a moment the plight of the southwestern willow flycatcher and the opportunities such a program could have on its future. Historically, the range of the southwestern willow flycatcher included all of the American Southwest, from Western Texas to Southern California. Until recently, the southwestern willow flycatcher was thought to be extirpated as a breeding species along the lower reaches of the Colorado River. All breeding populations of southwestern willow flycatchers are considered regionally significant. The total number of remaining flycatchers is estimated at approximately 300-500 pairs. The threats to the flycatcher remain and the declines are continuing. The factors responsible for the decline of the southwestern willow flycatcher in the United States include the loss and degradation of native riparian habitats, parasitism by brown-headed cowbirds, increased predation and other threats.
Prior to formulating management needs for this species, surveys of potential habitat to determine population status and life history studies are needed. However, so far these studies have been unfunded. Parenthetically we should state that, like the Pacific Northwest salmon, no matter how much we do to conserve, protect and restore the ecosystems in the United States, there are critical elements of flycatcher recovery which are outside of the United States. Progressive deforestation and development in Central and South America is destroying winter habitat for the flycatcher and Congress needs to be aware that we can spend untold millions of dollars to restore breeding habitat for a species that is being extirpated outside our boundaries.
We can only make educated guesses about their habitat needs and their place in the biological diversity that makes up the Lower Colorado River ecosystem. Additionally, habitat restoration technology is generally in an early stage of development. In order to fill in the gaps in our present knowledge we must develop a program that can integrate adaptive management techniques into active conservation measures. By doing this we can approach active conservation as a scientific experiment with a clear statement of expected outcome; carefully designed controls and MSCP monitoring that will permit scientific analysis of process and results. As data is collected and analyzed, the new information is then used to modify elements of the project in order to test and utilize the new information.
THE PLAN APPROACH
The MSCP will develop two classes of species: priority species -- those that are federally or state listed threatened or endangered species and indicator or "planning species" -- those that are prevalent in the general vicinity or in a particular micro-habitat.
Priority species in this group will effectively "drive" the planning process and development of conservation alternatives. Species in this group are a priority for receiving incidental take permits and will be analyzed individually, with consideration of species- specific locations and species-specific management and monitoring measures, to determine if federal and state standards for issuing take permits are met by the plan. Species in this group meet all three of the following criteria:
1. The species is federally or state listed, proposed for listing or a candidate for listing or has a high likelihood of being listed during the planning horizon of the MSCP.
2. The species has regionally significant populations in the study area that is dependent on the resources in the study area.
3. The species or subspecies is likely to be affected by the MSCP.
Planning species are indicators of very specific habitat types or micro-habitats and will require species-specific or site-specific conservation, management, and monitoring actions. Thus, these species will be considered in ensuring a truly ecosystem-based conservation effort. Like the priority species, these species will be analyzed for coverage under the plan, based on adequate conservation and management of species-specific locations or of locations having appropriate microhabitats. Species in this group may be listed or not listed.
The MSCP will use information on habitat requirements and limiting factors from the species to focus scientifically based planning and management decisions. These planning and management decisions will pursue the biological objectives for each species. The MSCP will protect, conserve, and enhance all priority and planning species and, in particular, work toward recovery of listed species and attempt to reduce the likelihood of additional species listings under the Endangered Species Act.
Our preliminary goals for species are based on reasonable assumptions, extrapolated from our knowledge of other similar species. As part of the planning process, alternative conservation strategies will be evaluated based on a number of factors, including level of conservation, available opportunities, cost, feasibility, impacts on land and water use and other resources, and overall plan objectives.
CONSERVATION EQUITY
Mr. Chairman, I know that you, perhaps better than any member of Congress, are aware of the character of water development and delivery in the Western United States. In the West, we have a mix of federal, state and private development of water resources, which sometimes results in a substantial inequity among users on the river. This is particularly true along the lower Colorado River. The Secretary of Interior is the "watermaster" for the lower Colorado River and the federal government has significant holdings and trust responsibilities along the river. For some water users who receive water from a conveyance with a federal nexus, the "classic" HCP certainty that exists in
Section 10 of the Act does not exist for them. These water users, sometimes with identical needs, identical commitments to habitat conservation and identical financial commitments as their neighbors do not receive Section 10 "no surprises", but, rather, the continuing uncertainty of a Section 7 consultation for the Bureau of Reclamation.
We believe that a theory of"conservation equity" should be developed. "Conservation equity" would assure that same level of certainty available to some private property owners under Section 10 of the ESA would be shared by western water users who rely on a water conveyance with a federal nexus and therefore exposed to the uncertainty of continuing consultation under Section 7 of the Act.
PUBLIC INFORMATION
Because of our commitment to keeping the public informed, in July of this year the Steering Committee published a public information plan (PIP). The goals of the PIP are to:
1) Develop a program to provide information to the public about the MSCP and its potential impacts on the physical, biological, and social environment.
2) Establish a framework to provide meaningful opportunities for the public, Native Americans, and appropriate agencies to identify and discuss potential issues that affect them.
3) Identify key issues that must be addressed in the environmental review process.
4) Provide access for all interested and affected parties, groups, and agencies.
5) Provide forums for the solicitation and exchange of ideas and divergent views.
6) Actively engage interested parties in the development and evaluation of proposed conservation measures and Lower Colorado River MSCP alternatives, including alternative formulation criteria.
7) Develop a public involvement process that is visible to and understood by interested or affected parties.
This preliminary PIP has been developed with input from the joint Federal lead agencies and the other stakeholders. This PIP is intended to address public outreach during each phase of the process. The PIP will be reviewed during each phase to ensure that the intent and goals of the PIP are being met and that the needs of the public and affected agencies are being addressed.
CONSERVATION OPPORTUNITIES
We have identified 22 potential conservation areas within the Lower Colorado River western river corridor as an inventory of sites. From these, we will select core conservation areas to serve as initial habitat conservation research sites for priority and endemic species.
We intend these core areas to be developed as adaptive management conservation sites under a conservation plan. The MSCP will identify and select the core areas that will serve as living research laboratories on which to apply adaptive management techniques that will best serve to develop data on habitat conservation, improvement, development, restoration and maintenance.
The MSCP will focus on developing critically needed habitat for priority and a range of sensitive species, including backwaters, marsh, riparian and mesquite habitats to recreate and restore historic ecosystem function to theses sites and to test or research other habitat conservation and restoration technologies or methodologies. The MSCP shall identify the most appropriate habitat restoration technologies and methodologies for implementation through a Lower Colorado River conservation plan.
CONGRESSIONAL ACTION
Unfortunately, as you can appreciate, the development and coordination of the MSCP for the Lower Colorado River is a major undertaking. As with any such undertaking, it is important that the stakeholders remain committed to the program. Considering the uncertainty over the efficacy of the HCP effort in the ESA, maintaining
this commitment is all the more important. The level of support from federal sources, particularly the Bureau of Reclamation, has been severely lacking. We need Congress's support for this ecosystem based approach between the parties. We need Congress's endorsement of the cooperative partnership between the United States and the States, Tribal and local governments and the participation of the private and public sectors in developing and supporting the MSCP.
Authorizing statutory language, to ratify the ecosystem-based approach agreed to between the parties with sufficient assurances to provide the resource users of the Lower Colorado certainty, is needed. Federal participation in the MSCP must be funded. Together we can protect the habitat and develop the resources of the Lower Colorado River benefiting both the species at risk and the citizens who rely on that resource.
Mr. Chairman, thank you for the opportunity to bring the Lower Colorado River Multi-Species Conservation Plan to the attention of the Committee. Clearly, we are a solution in search of a partner.
Appendix A