Infrastructure such as dams and levees are necessary to support and protect communities along the river; however, the dramatic alterations to the Rio Grande’s water flow and path have dramatically affected the ecosystems of the river and surrounding riparian areas. Changes to historic flow patterns of the river have decimated the population of the Rio Grande silvery minnow. Similarly, alterations to the Rio Grande’s path and flow affect the health of willow groves along the river, including the Bosque del Apache National Wildlife Refuge. These groves are critical habitat zones for the Southwestern willow flycatcher and the yellow-billed cuckoo, which both rely on cottonwood-willow forests for breeding and successful reproduction. Guardians also questions the veracity of the U.S. Fish and Wildlife Service report concerning the potential impact of the proposed levee project on the threatened and endangered species in the area. The agency found that the project would have severe and negative impacts on the silvery minnow, willow flycatcher, and yellow-billed cuckoo; however, the agency concluded that the survival and recovery of these species would not be seriously threatened. In upholding the agencies’ approval of the Levee Project, the Court rejected Guardians’ arguments that the agencies had not done a thorough analysis of the Project’s potentially significant impacts to the minnow, flycatcher, and cuckoo.
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