Rio Grande Silvery Minnow v. Bureau of Reclamation

Rio Grande Silvery Minnow v. Bureau of Reclamation
Court	United States Court of Appeals for the Tenth Circuit
Decided	21 April 2010
Citation(s)	601 F.3d 1096 (2010)
Court membership
Judge(s) sitting	Seymour, Porfilio and Kelly
Case opinions
Provision of water for fish and wildlife is a beneficial use of the water resources
Keywords
environmental protection, restoration

Rio Grande Silvery Minnow v. Bureau of Reclamation, called Rio Grande Silvery Minnow v. Keys^[a] in its earlier phases, was a case launched in 1999 by a group of environmentalists against the United States Bureau of Reclamation and the United States Army Corps of Engineers alleging violations of the Endangered Species Act and the National Environmental Policy Act. The case resulted in significant changes to water and river management in the Middle Rio Grande Basin of New Mexico in an effort to reverse the damage that had been done to the habitat of two endangered species.^[2]

The waters of the middle section of the Rio Grande in New Mexico, running from north to south past the city of Albuquerque, have been used for irrigation for at least 1,000 years. The Middle Rio Grande Conservancy District built new dams, canals and ditches in the 1930s. In the 1950s the Bureau of Reclamation and Corps of Engineers took over responsibility for rehabilitating, maintaining and operating the storage dams and the river channel. The changes drastically affected the habitat of native fish, including the once-common Rio Grande silvery minnow. The minnow was declared endangered in 1994.

In 1999 a group of conservationists filed suit against the Bureau of Reclamation and the Corps of Engineers on the grounds that they had failed to adequately consult with the United States Fish and Wildlife Service, as required under the Endangered Species Act, to determine if action should be taken to avoid jeopardizing the minnow. The case revolved around whether the Bureau of Reclamation had the authority to use water to assist the minnow when this might affect delivery of water under contract to existing users.^[3]

The case was effectively settled in favor of the conservationists in 2003. The United States Court of Appeals for the Tenth Circuit stated that provision of water for fish and wildlife is a beneficial use of the water resources, and the Bureau of Reclamation could and should act to assist the minnow.^[4] This was confirmed, with reservations about the water that could be used, by the U.S. Congress in "minnow riders" to the Water Development Appropriations Act of 2004. Arguments dragged on over details of the way in which the Bureau of Reclamation was obliged to consult with the Fish and Wildlife Service. The case was finally settled in 2010. However, some issues concerning water allocation and ownership of properties remain open.^[3]

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