# Navajo Operations Change



## swimteam101 (Jul 1, 2008)

*San Juan at 350?*

Just got home from the Lower San Juan. Is there any legal obligation to keep the flow at 500 cfs for the fish? Is there any penalty when the flows drop below this? Thanks


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## sjnovak3 (Jun 17, 2004)

Our Record of Decision for Navajo states that we operate to keep the river at or above the San Juan River Recovery Program's minimum target baseflows of 500cfs. However, the "target baseflows" are not just at the Bluff gage- it's a 7-day moving average of all the gages from Farmington to Lake Powell. Since Bluff is downstream of the irrigation, it often gets the short end of that. When a ditch turns on, we react, but there's nothing we can do when someone makes a change below us. Navajo is very far upstream. That's why we work off a 7-day moving mean. So no, nothing happens if Bluff goes below 500 cfs- we are technically limited, and it's part of the average.

In normal years, we typically just release more than necessary to keep everyone happy. But in the midst of the worst drought in recent history in the southwest, you will continue to see the bare minimum flows coming down- not just in the San Juan, but all over the southwest. I realize it seems unfair but water management is a complex beast that keeps no one happy.

Susan


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## swimteam101 (Jul 1, 2008)

*Thanks for all the Info*

Thank you for the info. Cheers


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## Droboat (May 12, 2008)

*"If You See Something, Say Something" - Endangered Species Act Violations*

Swimteam's first question is complex enough that an entire federal Bureau might be able to hide in it, but the answer might be "yes" if a listed species of fish is harmed by the low flow.

When it comes to the second question, the language from the Fish and Wildlife Service website says *any person*, even federal staff and irrigators, can be punished criminally for Endangered Species Act violations. 

The language also indicates that *good folks might even get a reward* for reporting information that leads to arrest, conviction, etc. But good agency folks cannot claim a reward for outing their Wrecked colleagues should the miserly flows end up violating the Endangered Species Act. I guess that is because federal employees are expected to say something. Or to quote Martin Litton - RIP - "I thought dissent and ferment, or whatever you want to call it, might be essential."" 

Sec. 11. Endangered Species Program | Laws & Policies | Endangered Species Act | Section 11 Penalties and enforcement
(b) CRIMINAL VIOLATIONS.-
(1) *Any person* who knowingly violates any provision of this Act, of any permit or certificate issued hereunder, or of any regulation issued in order to implement subsection (a)(1)(A), (B), (C), (D), (E), or (F); (a)(2)(A), (B), (C), or (D), (c), (d) (other than a regulation relating to recordkeeping, or filing of reports), (f), or (g) of section 9 of this Act shall, upon conviction, be fined not more than $50,000 or imprisoned for not more than one year, or both.* Any person* who knowingly violates any provision of any other regulation issued under this Act shall, upon conviction, be fined not more than $25,000 or imprisoned for not more than six months, or both.
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(d) REWARDS AND CERTAIN INCIDENTAL EXPENSES.-The Secretary or the Secretary of the Treasury shall pay, from sums received as penalties, fines, or forfeitures of property for any violation of this chapter or any regulation issued hereunder
*(1) a reward to any person who furnishes information which leads to an arrest, a criminal conviction, civil penalty assessment, or forfeiture of property for any violation of this chapter or any regulation issued hereunder, and*
(2) the reasonable and necessary costs incurred by any person in providing temporary care for any fish, wildlife, or plant pending the disposition of any civil or criminal proceeding alleging a violation of this chapter with respect to that fish, wildlife, or plant. The amount of the reward, if any, is to be designated by the Secretary or the Secretary of the Treasury, as appropriate. *Any officer or employee of the United States or any State or local government who furnishes information or renders service in the performance of his official duties is ineligible for payment under this subsection.* Whenever the balance of sums received under this section and section 6(d) of the Act of November 16, 1981 (16 U.S.C. 3375(d)) as penalties or fines, or from forfeitures of property, exceed $500,000, the Secretary of the Treasury shall deposit an amount equal to such excess balance in the cooperative endangered species conservation fund established under section 6(i) of this Act.


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## RiverMuster (Apr 27, 2015)

sjnovak3 said:


> Hi all-
> 
> Obviously the San Juan is hitting some lows right now in the rafting section. We are bringing up the release 200 cfs tomorrow morning (I'd like to do it today but we can't due to safety concerns for fishermen who are right at the dam). The release will be 650 cfs when we're done. It takes 3-4 days for that to reach the rafting section. Hopefully in the meantime the warm-up will help increase the tributary inflows.
> 
> ...


WOW - Great news! Thank you Susan!

Kelly


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## sjnovak3 (Jun 17, 2004)

Droboat said:


> Swimteam's first question is complex enough that an entire federal Bureau might be able to hide in it, but the answer might be "yes" if a listed species of fish is harmed by the low flow.
> 
> When it comes to the second question, the language from the Fish and Wildlife Service website says *any person*, even federal staff and irrigators, can be punished criminally for Endangered Species Act violations.
> 
> ...


I don't see a question in here for me so I'm not going to address this, but if anyone (including Mr. Droboat) wants to discuss further the documents we use to guide operations, give me a call. I would be glad to point you to the exact guidelines we use for operating, and give the rationale behind each flow decision. We make every attempt to operate as transparently as possible, and recognize that in a drought no one's going to be happy with the outcome.

Susan


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## superpuma (Oct 24, 2003)

*Thanks*

Susan, keep up the good work.Most of the folks I boat with can make it to Clay Hills @ 400 cfs in a 14ft raft with a full kitchen.


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## swimteam101 (Jul 1, 2008)

superpuma said:


> Susan, keep up the good work.Most of the folks I boat with can make it to Clay Hills @ 400 cfs in a 14ft raft with a full kitchen.


We should be worried about the fish not dragging our boats.


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## superpuma (Oct 24, 2003)

*Low water*

I am not pro dam but during this drought what do you think the fish would do with out help from the releases?


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