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Methow Valley News April 20, 2000 Endangered Species Coverage OWL joins state group in plans for ESA lawsuit By Lee Hicks The day before a new round of negotiations began in an attempt to reach an agreement for fish and water issues in the basin, several groups announced they are planning a lawsuit affecting Valley irrigators who divert water on Forest Service land. In a statement released Monday, the Washington Environmental Council gave a 60-day notice to interested parties of an intent to sue the Forest Service for allowing irrigation diversions on federal land before final biological opinions from National Marine Fisheries Service and U.S. Fish and Wildlife Service. Joining in the suit, the WEC said, would be the Okanogan Wilderness League (OWL), which only days before settled water litigation against the Wilson Ranch resort, and the Center for Environmental Law and Policy. OWL principals are Lee Bernheisel and Lucy Reid of Carlton. The announcement noted the litigation was "technically" against the Forest Service. But the WEC said the intent is, "to compel the Services to complete their biological opinions. Under Section 7 of the ESA, the Services must identify reasonable and prudent alternatives to avoid jeopardy if actions are being taken that are likely to adversely affect" a protected species. "The fact that the Services have failed to provide biological opinions since consultation began two years ago this month is of great frustration to all parties involved, whether they be concerned about fish or irrigation." The legal action would be intended to protect salmon and steelhead trout runs that are in danger, maintaining that, "low (stream) flows are a major contributing cause to their decline," according to the WEC. Streamflows in relation to fish needs continues to be central to negotiations among the Methow basin planning unit, federal and state agencies. The WEC said the litigation, "is not intended to disrupt or ‘blow up’ the ongoing talks in the basin, but rather to provide a catalyst for the federal agencies to act." Among solutions the WEC suggested are, transferring surface diversions to groundwater withdrawals and new irrigation technology. "But there is no basis for moving forward without the biological opinions." The basin planning unit started new talks with NMFS, USFWS and state agencies Tuesday morning aimed at crafting an agreement to protect and aid recovery of fish and preserve water use in the basin. NMFS listed spring Chinook salmon and rainbow-steelhead trout as endangered in the basin and USFWS listed bull trout as threatened. Several persons close to the planning unit talks, or otherwise involved in negotiations with the fisheries agencies, said the idea of completing the biological opinions is a good objective. However, they raised concern that the action might force NMFS and USFWS into hardline positions regarding streamflows, resulting in unreasonably high "target flows" as part of the BOs. The planning unit has argued that more hydrologic data is needed to determine how much water is needed for fish, and when. Sports | Local Interest |