Protecting the piping plover under section 7 of the endangered species act

Section 7(a)(2) of the Endangered Species Act directs federal agencies to ensure that their actions do not jeopardize the continued existence of endangered and threatened species. The US Fish and Wildlife Service (USFWS) issues jeopardy or nonjeopardy biological opinions on proposed federal actions that affect endangered and threatened species. We summarize several biological opinions issued by the USFWS to protect the threatened piping plover (Charadrius melodus). These opinions address federal actions involving hundreds of piping plovers on the Missouri River system and a few piping plover pairs on short stretches of Atlantic coast beach. Some of these opinions are decisive, but most allow the proposed action to proceed conditional upon a lengthy set of reasonable and prudent alternatives to protect the piping plover. These conditions may prove difficult to track and will add to the workload of the USFWS.     

ASSESSING ENVIRONMENTAL EFFECTS OF SEVERE SUSTAINED DROUGHT1

ABSTRACT: Evaluation criteria for reservoir and stream resources were developed to provide decision makers with feedback on environmental consequences of water allocation decisions under conditions of severe sustained drought within the Colorado River Basin by using the AZCOL gaming simulation model. Seven categories of flow dependent resources were identified which highlight resource states associated with reservoirs or river reaches within the AZCOL model. AZCOL directly simulates impact of water management decisions on five resource categories: threatened, endangered or sensitive fish; native nonlisted fish; wetland and riparian elements; national or state wildlife refuges; and hatcheries or other flow dependent facilities. Two additional categories - cold and warm water sport fish - are not modeled explicitly but are incorporated in the evaluation of monetary benefits from recreation on Colorado River waters. Each resource category was characterized at each time step in the simulation according to one of four environmental states: stable, threatened, endangered, or extirpated. Changes in resource states were modeled by time and flow-dependent decision criteria tied to either reservoir level or stream flows within the AZCOL model structure. Gaming results using the AZCOL model indicate environmental impacts would be substantial and that water allocation decisions directly impacted environmental resource states.     

Conflict,controversy, and compromise: The Concho water snake (Nerodia harteri paucimaculata) versus the Stacy Dam and Reservoir

The Colorado River Municipal Water District (CRMWD) of Big Spring, Texas, planned to construct the Stacy Reservoir and Dam on the Colorado River near Paint Rock, Texas, yet needed a Section 404 permit from the US Army Corps of Engineers pursuant to the Clean Water Act. In 1986 the Concho water snake (Nerodia harteri paucimaculata) was listed as threatened under the Endangered Species Act (ESA). Much of its remaining range included the stretch of the Colorado River that would be flooded by the proposed dam. After initially rejecting CRMWD proposals for mitigation, and informing the Corps of Engineers that it would issue a jeopardy opinion regarding the 404 permit pursuant to Section 7 of the ESA, the US Fish and Wildlife Service reversed its stand. The final biological opinion stated that reasonable and prudent alternatives previously rejected as unfeasible would remove the threat of jeopardy. This paper concludes that experimental management techniques proposed by FWS to allow dam construction do not adequately ensure survival of the Concho water snake and an alternative water source should have been found.     

Buy Me a River: Purchasing Water Rights to Restore River Flows in the Western USA

In recent decades, public and private environmental entities have been purchasing or leasing water rights across the Western United States (U.S.) in efforts to restore river flows and aquatic ecosystems. The need to pay for flow restoration arises from the fact that state governments did not begin to reserve water for instream purposes until the 1970s, long after water rights had become over‐appropriated and flows were substantially depleted in most rivers. As a consequence, flow depletion has become the leading cause of fish endangerment in the U.S., including the imperilment of two‐thirds of all native fish species in the Colorado River system. This paper takes stock of the progress made in buying water for the environment, specifically by reviewing and analyzing more than 50 transactions executed by public and private entities and the sources of funding underpinning these transactions. We conclude that nongovernmental actors — such as environmental organizations and state water trusts — are integral to regional efforts to restore river flows; these nongovernmental actors executed more than two‐thirds of the transactions we documented. However, we also conclude that the long‐term success of these nongovernmental actors depends upon the availability of sustained public funding that enables them to build capacity and engage in the large number of transactions needed to restore flows across each state.     

QUANTIFICATION OF INSTREAM FLOW NEEDS OF A WILD AND SCENIC RIVER FOR WATER RIGHTS LITIGATION1

ABSTRACT: The lower 4 miles of the Red River, a tributary of the Rio Grande in northern New Mexico, was designated as one of the “instant” components of the National Wild and Scenic River System in 1968. The Bureau of Land Management (BLM), as the managing agency of the wild and scenic river, was a participant in a general water rights adjudication of the Red River stream system. The BLM sought a federal reserved water right and asserted a claim to the instream flows necessary to protect and maintain the values of the river. Instream flows are not recognized under New Mexico water law. Instream flow requirements were determined by several methods to quantify the claims made by the United States for a federal reserved water right under the Wild and Scenic Rivers Act. The scenic (aesthetic), recreational, and fish and wildlife values are the purposes for which instream flow requirements were claimed. Since water quality is related to these values, instream flows for waste transport and protection of water quality were also included in the claim. The U.S. Fish and Wildlife Service's Instream Flow Incremental Methodology was used to quantify the relationship between various flow regimes and fish habitat. Experience in this litigation indicates the importance of using state-of-the-art methodologies in quantifying instream flow claims. The incremental methodology held up well under technical and legal scrutiny and is an example of the latest methodology that was applied successfully in an adjudication. On February 23, 1984, the parties involved in the adjudication entered a precedential stipulation recognizing a federal reserved right to instream flows for the Red River component of the National Wild and Scenic River System.     

Just Add Water and the Colorado River Still Reaches the Sea

A recent article in Environmental Management by All argued that flood flows in North America’s Colorado River do not reach the Gulf of California because they are captured and evaporated in Laguna Salada, a below sea-level lakebed near the mouth of the river. We refute this hypothesis by showing that (1) due to its limited area, the Laguna Salada could have evaporated less than 10% of the flood flows that have occurred since 1989; (2) low flow volumes preferentially flow to the Gulf rather than Laguna Salada; (3) All’s method for detecting water surface area in the Laguna Salada appears to be flawed because Landsat Thematic Mapper images of the lakebed show it to be dry when All’s analyses said it was flooded; (4) direct measurements of salinity at the mouth of the river and in the Upper Gulf of California during flood flows in 1993 and 1998 confirm that flood waters reach the sea; and (5) stable oxygen isotope signatures in clam shells and fish otoliths recorded the dilution of seawater with fresh water during the 1993 and 1998 flows. Furthermore, All’s conclusion that freshwater flows do not benefit the ecology of the marine zone is incorrect because the peer-reviewed literature shows that postlarval larval shrimp populations increase during floods, and the subsequent year’s shrimp harvest increases. Furthermore, freshwater flows increase the nursery area for Gulf corvina (Cynoscion othonopterus), an important commercial fish that requires estuarine habitats with salinities in the range of 26–38‰ during its natal stages. Although flood flows are now much diminished compared to the pre-dam era, they are still important to the remnant wetland and riparian habitats of the Colorado River delta and to organisms in the intertidal and marine zone. Only a small fraction of the flood flows are evaporated in Laguna Salada.     

Sound and Fury Signifying Nothing: Using Geoinformatics to Inform Resource Policy in the Gulf of California,Mexico

In this issue of Environmental Management, Glenn and others posit that a previous study had analytical and interpretive errors in analysis of shrimp fishing in the Upper Gulf of California, Mexico. Unfortunately, much of their evidence is too indirect and of insufficient scale to address the central question of salinity in the Upper Gulf. Also, many of their suppositions did not include direct interviews with local officials or a robust understanding of remote sensing literature. This response to their rebuttal presents a set of figures and analysis demonstrating that the Colorado River flows into a closed evaporative basin known as the Laguna Salada and thus cannot flow into the Gulf of California. Readers are asked to examine the images and interpret their meaning for themselves.     

ECONOMIC COSTS AND BENEFITS OF INSTREAM FLOW PROTECTION FOR ENDANGERED SPECIES IN AN INTERNATIONAL BASIN1

ABSTRACT: The U.S. Endangered Species Act (ESA) restricts federal agencies from carrying out actions that jeopardize the continued existence of any endangered species. The U.S. Supreme Court has emphasized that the language of the ESA and its amendments permits few exceptions to the requirement to give endangered species the highest priority. This paper estimates economic costs associated with one measure for increasing instream flows to meet critical habitat requirements of the endangered Rio Grande silvery minnow. Impacts are derived from an integrated regional model of the hydrology, economics, and institutions of the upper Rio Grande Basin in Colorado, New Mexico, Texas, and Mexico. One proposal for providing minimum streamflows to protect the silvery minnow from extinction would provide guaranteed year round streamflows of at least 50 cubic feet per second in the San Acacia reach of the upper Rio Grande. These added flows can be accomplished through reduced surface diversions by New Mexico water users in dry years when flows would otherwise be reduced below the critical level required by the minnow. Based on a 44‐year simulation of future inflows to the basin, we find that some agricultural users suffer damages, but New Mexico water users as a whole do not incur damages from a policy that reduces stream depletions sufficiently to provide habitat for the minnow. The same policy actually benefits downstream users, producing average annual benefits of over $200,000 per year for west Texas agriculture, and over $1 million for El Paso municipal and industrial water users, respectively. Economic impacts of instream flow deliveries for the minnow are highest in drought years.     

IMPACTS OF A SEVERE SUSTAINED DROUGHT ON COLORADO RWER WATER RESOURCES1

ABSTRACT: The impacts of a severe sustained drought on Colorado River system water resources were investigated by simulating the physical and institutional constraints within the Colorado River Basin and testing the response of the system to different hydrologic scenarios. Simulations using Hydrosphere's Colorado River Model compared a 38-year severe sustained drought derived from 500 years of reconstructed streamflows for the Colorado River basin with a 38-year streamflow trace extracted from the recent historic record. The impacts of the severe drought on streamflows, water allocation, storage, hydropower generation, and salinity were assessed. Estimated deliveries to consumptive uses in the Upper Basin states of Colorado, Utah, Wyoming, New Mexico, and northern Arizona were heavily affected by the severe drought, while the Lower Basin states of California, Nevada, and Arizona suffered only slight shortages. Upper Basin reservoirs and streamflows were also more heavily affected than those in the Lower Basin by the severe drought. System-wide, total hydropower generation was 84 percent less in the drought scenario than in the historical stream-flow scenario. Annual, flow-weighted salinity below Lake Mead exceeded 1200 ppm for six years during the deepest portion of the severe drought. The salinity levels in the historical hydrology scenario never exceeded 1100 ppm.     

Reduced Soil Macropores and Forest Cover Reduce Warm‐Season Baseflow below Ecological Thresholds in the Upper Delaware River Basin

We examined the impacts of changes in land cover and soil conditions on the flow regime of the upper Delaware River Basin using the Water Availability Tool for Environmental Resources. We simulated flows for two periods, c. 1600 and 1940, at three sites using the same temperature and precipitation conditions: the East Branch, West Branch, and mainstem Delaware River at Callicoon, New York. The 1600 period represented pristine forest and soils. The 1940 period included reduced forest cover, increased agriculture, and degraded soils with reduced soil macropore fractions. A model‐sensitivity test examined the impact of soil macropore and land cover change separately. We assessed changes in flow regimes between the 1600 and 1940 periods using a variety of flow statistics, including established ecological limits of hydrologic alteration (ELOHA) thresholds. Reduced forest soil macropore fraction significantly reduced summer and fall baseflows. The 1940 period had significantly lower Q50 flows (50% exceedance) than the 1600 period, as well as summer and fall Q90 and Q75–Q90 flows below the ELOHA thresholds. The one‐ to seven‐day minimum flows were also lower for the 1940 period, by 17% on the mainstem. 1940 flows were 6% more likely than the 1600 period to fall below the low‐flow threshold for federally endangered dwarf wedgemussel (Alasmidonta heterodon) habitat. In contrast, the 1940 period had higher flows than the 1600 period from late fall to early winter.     

THE TREE-RING RECORD OF SEVERE SUSTAINED DROUGHT1

ABSTRACT: Frequent and persistent droughts exacerbate the problems caused by the inherent scarcity of water in the semiarid to arid parts of the southwestern United States. The occurrence of drought is driven by climatic variability, which for years before about the beginning of the 20th century in the Southwest must be inferred from proxy records. As part of a multidisciplinary study of the potential hydrologic impact of severe sustained drought on the Colorado River, the physical basis and limitations of tree rings as indicators of severe sustained drought are reviewed, and tree-ring data are analyzed to delineate a “worst-case” drought scenario for the Upper Colorado River Basin (UCRB). Runs analysis of a 121-site tree-ring network, 1600–1962, identifies a four-year drought in the 1660s as the longest-duration large-scale drought in the Southwest in the recent tree-ring record. Longer tree-ring records suggest a much longer and more severe drought in 1579–1598. The regression estimate of the mean annual Colorado River flow for this period is 10.95 million acre-feet, or 81 percent of the long-term mean. The estimated flows for the 1500s should be used with caution in impact studies because sample size is small and some reconstructed values are extrapolations.     

Biophysical‐Regulatory Classification and Profiling of Streams Across Management Units and Ecoregions1

Caruso, Brian S. and Joshua Haynes, 2011. Biophysical‐Regulatory Classification and Profiling of Streams Across Management Units and Ecoregions. Journal of the American Water Resources Association (JAWRA) 00(0):1‐22. DOI: 10.1111/j.1752‐1688.2010.00522.x Abstract: Aquatic resources management in the United States (U.S.) under Clean Water Act Section 404 has become more complex after recent Supreme Court decisions and U.S. Army Corps of Engineers and Environmental Protection Agency (USEPA) guidance. Many intermittent/ephemeral and headwater streams may not be jurisdictional if they lack a significant nexus with navigable waters. Streams in semiarid USEPA Region 8 were classified based on hydrologic permanence and stream order using National Hydrography Dataset (NHD) Plus and GIS to provide information across broad spatial scales to aid with jurisdictional determinations (JDs). Four classes were developed for profiling across management units and ecoregions. Based on medium‐resolution NHDPlus data, intermittent streams comprise >¾, and first order streams constitute >½ of the total stream length in Region 8. Mountain states and ecoregions have the largest percentage of perennial first order streams, whereas the Dakotas, plains, and desert ecoregions have the greatest percentages of intermittent first order and intermittent higher order streams. In the Upper Colorado River Basin, >50% of reaches are intermittent first order, and 9% are perennial first order. NHDPlus data can significantly underestimate the length of headwater and intermittent streams, but can still be a valuable tool to help develop stream classes and for regional JD planning and analysis. Refinement of the stream classes using high resolution NHD data and other key catchment parameters can improve their utility for JDs.     

Millennial‐Length Records of Streamflow From Three Major Upper Colorado River Tributaries1

Gray, Stephen T., Jeffrey J. Lukas, and Connie A. Woodhouse, 2011. Millennial‐Length Records of Streamflow From Three Major Upper Colorado River Tributaries. Journal of the American Water Resources Association (JAWRA) 47(4):702‐712. DOI: 10.1111/j.1752‐1688.2011.00535.x Abstract: Drought, climate change, and shifting consumptive use are prompting a widespread reassessment of water availability in the Upper Colorado River basin. Here, we present millennial‐length records of water year (October‐September) streamflow for key Upper Colorado tributaries: the White, Yampa, and Little Snake Rivers. Based on tree rings, these records represent the first paleohydrological reconstructions from these subbasins to overlap with a series of Medieval droughts (∼ad 800 to 1300). The reconstructions show marked interannual variability imbedded in nonstationary behavior over decadal to multidecadal time scales. These reconstructions suggest that, even in a millennial context, gaged flows from a handful of years (e.g., 1977 and 2002) were extremely dry. However, droughts of much greater duration and magnitude than any in the instrumental record were regular features prior to 1900. Likewise these reconstructions point to the unusual wetness of the gage period, and the potential for recent observations to paint an overly optimistic picture of regional water supplies. The future of the Upper Colorado River will be determined by a combination of inherent hydroclimatic variability and a broad range of human‐induced changes. It is then essential that regional water managers, water users, and policy makers alike consider a broader range of hydroclimatic scenarios than is offered by the gage record alone.     

MITIGATING IMPACTS OF A SEVERE SUSTAINED DROUGHT ON COLORADO RWER WATER RESOURCES1

ABSTRACT: We evaluated the effects of institutional responses developed for coping with a severe sustained drought (SSD) in the Colorado River Basin on selected system variables using a SSD inflow hydrology derived from the drought which occurred in the Colorado River basin from 1579–1616. Institutional responses considered are reverse equalization, salinity reduction, minimum flow requirements, and temporary suspension of the delivery obligation of the Colorado River Compact. Selected system variables (reservoir contents, streamflows, consumptive uses, salinity, and power generation) from scenarios incorporating the drought-coping responses were compared to those from Baseline conditions using the current operating criteria. The coping responses successfully mitigated some impacts of the SSD on consumptive uses in the Upper Basin with only slight impacts on consumptive uses in the Lower Basin, and successfully maintained specified minimum streamflows throughout the drought with no apparent effect on consumptive uses. The impacts of the coping responses on other system variables were not as clear cut. We also assessed the effects of the drought-coping responses to normal and wet hydrologic conditions to determine if they were overly conservative. The results show that the rules would have inconsequential effects on the system during normal and wet years.     

FROM FLOW TO FISH TO DOLLARS: AN INTEGRATED APPROACH TO WATER ALLOCATION1

This paper details a case study of economic and natural system responses to alternative water management policies in the Cache La Poudre River basin, Colorado, 1980–1994. The case study is presented to highlight the value and application of a conceptual integration of economic, salmonid population, physical habitat, and water allocation models. Five alternative regimes, all intended to increase low winter flows, were investigated. Habitat enhancements created by alternative regimes were translated to population responses and economic benefits. Analysis concluded that instream flows cannot compete on the northern Colorado water rental market; cooperative agreements offer an economically feasible way to enhance instream flows; and establishing an instream flow program on the Cache La Poudre River mainstem is a potentially profitable opportunity. The alliance of models is a dynamic multidisciplinary tool for use in professional settings and offers valuable insight for decision-making processes involved in water management.     

Effects of Flow Augmentations in the Snake River Basin on Farms Profitability1

Abstract: For over 10 years, several species of salmon have been identified as either threatened or endangered in the Snake River Basin of Idaho. The United States Bureau of Reclamation, in cooperation with the National Marine Fisheries Service, has proposed a variety of plans to increase stream flows in the Snake River Basin to facilitate movement by juvenile salmon smolts to the ocean. This research examines two of the flow augmentation plans proposed by the Bureau of Reclamation as well as two alternative plans, one founded purely on existing priority‐based water rights and another geared toward minimizing the effects of flow augmentations on farms profitability. Results from a basin‐wide model of agricultural production in the Snake River Basin, the Snake River Agricultural Model, present evidence that (1) older water rights are used towards production of less valuable crops, (2) flow augmentation scenarios have unequal effects on farms profitability across agricultural regions within the basin, and (3) irrigation water is valued from US$4 to US$59 an acre‐foot.     

The need for constructing endangered fish habitats that conform to climate-driven flow changes in a western U.S. river

Warmwater fish habitat in the San Juan River of the southwestern United States has been reduced by over 30% as a result of water depletion, reservoir inundation, and cold-water dam releases combined with drought-related changes in hydrology. This reduction and a suite of other factors have contributed to declines in native fish populations including the federally endangered Colorado Pikeminnow (Ptychocheilus lucius) and Razorback Sucker (Xyrauchen texanus). Conservation efforts for these species include determining flow needs; protecting, managing, and augmenting habitats; and stocking hatchery fish. But the young of stocked fish have low survival due largely to a paucity of nursery habitat not being reformed and maintained under current conditions. Flow recommendations for Navajo Dam releases designed to mimic the river's natural hydrograph have not been met due to water shortages, and the desired outcomes of increased channel complexity and enhanced fish habitat have not been observed. Forecasted hydrology that includes ongoing drought shows that achieving the flow targets through further dam reoperations is unlikely. Mechanical construction of early life-stage habitats is a highly recommended complement to flow management for offsetting the effects of flow reduction and habitat loss. Habitats with features that are effective and resilient under a range of flows are important in counterbalancing the effects of climate change.     

A GAME THEORY APPROACH TO DECIDING WHO WILL SUPPLY INSTREAM FLOW WATER1

ABSTRACT: The resource management problem for the Middle Platte ecosystem is the insufficient water available to meet both instream ecological demands and out‐of‐stream economic needs. This problem of multiple interest groups competing for a limited resource is compounded by sharp disagreement in the scientific community over endangered species' needs for instream flows. In this study, game theory was used to address one dimension of this resource management problem. A sequential auction with repeated bidding was used to determine how much instream flow water each of three states — Colorado, Nebraska, and Wyoming — will provide and at what price. The results suggest that the use of auction mechanisms can improve the prospects for reaching a multi‐state agreement on who will supply instream flow water, if the auction is structured to discourage misrepresentation of costs and if political compensation is allowed.     

IDENTIFICATION OF CHANGES IN STREAMFLOW CHARACTERISTICS1

ABSTRACT: A set of procedures for identifying changes in selected streamflow characteristics at sites having long‐term continuous streamflow records is illustrated by using streamflow data from the Waccamaw River at Freeland, North Carolina for the 55‐year period of 1940–1994. Data were evaluated and compared to streamflow in the adjacent Lumber River Basin to determine if changes in streamflow characteristics in the Waccamaw River were localized and possibly the result of some human activity, or consistent with regional variations. Following 1963, droughts in the Waccamaw Basin seem to have been less severe than in the Lumber Basin, and the annual one‐, seven‐, and 30‐day low flows exhibited a slightly increasing trend in the Waccamaw River. Mean daily flows in the Waccamaw River at the 90 percent exceedance level (low flows) during 1985–194, a relatively dry period, were very nearly equal to flows at the same exceedance level for 1970–1979, which represents the 10‐year period between 1940 and 1994 with the highest flows. Prior to the 1980s, flows per unit drainage area in the Waccamaw Basin were generally less than those in the Lumber Basin, but after 1980, the opposite was true. The ratio of base flow to runoff in the Waccamaw River may have changed relative to that in the Lumber River in the late 1970s. There was greater variability in Waccamaw River streamflow than in Lumber River flow, and flow variability in the Waccamaw River may have increased slightly during 1985–1994.     

Climatic Fluctuations and Forecasting of Streamflow in the Lower Colorado River Basin1

Abstract:  Water‐resource managers need to forecast streamflow in the Lower Colorado River Basin to plan for water‐resource projects and to operate reservoirs for water supply. Statistical forecasts of streamflow based on historical records of streamflow can be useful, but statistical assumptions, such as stationarity of flows, need to be evaluated. This study evaluated the relation between climatic fluctuations and stationarity and developed regression equations to forecast streamflow by using climatic fluctuations as explanatory variables. Climatic fluctuations were represented by the Atlantic Multidecadal Oscillation (AMO), Pacific Decadal Oscillation (PDO), and Southern Oscillation Index (SOI). Historical streamflow within the 25‐ to 30‐year positive or negative phases of AMO or PDO was generally stationary. Monotonic trends in annual mean flows were tested at the 21 sites evaluated in this study; 76% of the sites had no significant trends within phases of AMO and 86% of the sites had no significant trends within phases of PDO. As climatic phases shifted in signs, however, many sites had nonstationary flows; 67% of the sites had significant changes in annual mean flow as AMO shifted in signs. The regression equations developed in this study to forecast streamflow incorporate these shifts in climate and streamflow, thus that source of nonstationarity is accounted for. The R² value of regression equations that forecast individual years of annual flow for the central part of the study area ranged from 0.28 to 0.49 and averaged 0.39. AMO was the most significant variable, and a combination of indices from both the Atlantic and Pacific Oceans explained much more variation in flows than only the Pacific Ocean indices. The average R² value for equations with PDO and SOI was 0.15.