Judge Stands By Minnow Ruling - The scope of federal discretion over water deliveries for endangered species is of vital importa

The federal government still has the authority to take Middle Rio Grande irrigation water to help the endangered silvery minnow

The federal government still has the authority to take Middle Rio Grande irrigation water to help the endangered silvery minnow, a federal judge ruled Tuesday.

Senior U.S. District Judge James A. Parker- making his final judgment in the years-long silvery minnow case- dismissed all remaining claims but refused to toss out his earlier rulings.

Environmental groups sued federal water managers in 1999 over protections for the tiny fish.

Parker ruled in 2002 that the U.S. Bureau of Reclamation must consider using water meant for Middle Rio Grande Conservancy District farmers to help protect the minnow.

The federal government, the district and the state of New Mexico had asked Parker to rescind that decision. But on Tuesday, Parker said his earlier ruling would stand in part because it's an important question to settle.

The scope of federal discretion over water deliveries for endangered species "is of vital importance" in deciding how to manage Middle Rio Grande irrigation water, Parker wrote. He also said resolving the issue is important to the region's economy and the minnow's survival.

The ruling is a victory for the environmental groups.

"Having this discretion issue resolved is important," said their attorney, Letty Belin.

But conservancy district attorney Chuck DuMars said Parker was wrong.

"He's obsessed with deciding questions that no longer are necessary for opinion," DuMars said. "By any modern standards, there is no case here."

He said numerous collaborative programs are in place now to protect the minnow.

"We're going to the 10th Circuit (Court of Appeals) and we're going to reverse it," DuMars added.

The federal government is reviewing the ruling and deciding whether to appeal, said Andrew Smith, a Department of Justice trial attorney.

A related ruling by Parker that the federal government owns the district's irrigation works also is on appeal.

Copyright 2005 Albuquerque Journal - Reprinted with permission


 

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