Water flow from reservoirs along the river is largely regulated by the Bureau of Reclamation and U.S. Army Corps of Engineers. Because of their failure to modify the river’s flow to benefit endangered species, the survival of many federally protected species, including the Rio Grande silvery minnow, the Southwestern willow flycatcher, and the yellow-billed cuckoo, is in jeopardy. Due to the drastic changes to the river’s course and flow, the Rio Grande silvery minnow, once abundant in the Rio Grande and Pecos rivers, is now only found in a 174-mile stretch of the Rio Grande. Similarly, the Southwestern willow flycatcher and yellow-billed cuckoo, which rely on rich riparian willow groves for breeding and successful reproduction, have declined drastically as river habitats have diminished. Since the original filing Guardians has narrowed our case to focus exclusively on the Corps of Engineers, which is arguing, incredibly, that its dams and reservoir operations, including primarily Cochiti Reservoir on the main stream of the Rio Grande, are not subject to the Endangered Species Act. In this case, Guardians is seeking a decision that will require the Corps of Engineers to exercise its discretion to manage its reservoirs, especially Cochiti, in a way that mimics historic river flow patterns that will create better aquatic and cottonwood/willow habitats. These changes would not only benefit the river’s endangered species, but also ensure the continued use and enjoyment of the river by current and future generations. Courts sided with the Corps of Engineers in finding that the agency lacked discretion to modify its dam operations to benefit the survival and recovery of listed species that rely on a healthy river ecosystem.
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