Defenders Magazine

Fall 2003

Defenders in Action: Can the Rio Be Made Grande Again?

A recent court ruling offers hope that the once-mighty Rio Grande and its resident wildlife might be revived. The Tenth Circuit Court of Appeals ruled in June that the federal Bureau of Reclamation, which operates dams and diversions on the dwindling watercourse, must act to conserve the ecosystem and protect endangered wildlife. The court’s decision is the result of a 1999 lawsuit brought by Defenders and five other environmental groups.

Years of inadequate federal management of the Rio Grande have caused extensive habitat damage and caused wildlife species to decline or disappear. Among the species imperiled by the government’s mismanagement is the Rio Grande silvery minnow, the river’s equivalent of a “canary in a coal mine." The silvery minnow now survives in only five percent of its historic range—the stretch of the river most prone to drying—and is listed as endangered.

The court ruled that the bureau can release water from its dams and reservoirs when needed to sustain silvery minnows and the dying river. But the victory may be short-lived, as New Mexico’s Congressional delegation has submitted legislation that would exempt the middle Rio Grande from compliance with the Endangered Species Act, and forbid the purchase of water from willing sellers to keep the silvery minnow alive.