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.