Lawsuit Seeks to Keep Army From Draining San Pedro River

PHOENIX, Arizona, September 26, 2007 (ENS) - Two environmental groups filed suit Tuesday in federal court to challenge the lawfulness of a "biological opinion" written by the U.S. Fish and Wildlife Service regarding Fort Huachuca's operations and water use.

The opinion concludes that continued, even increased, water withdrawals by the Army for the fort will not unduly impact the San Pedro River.

The lawsuit argues that two species - a plant called the huachuca water umbel and a bird known as the southwestern willow flycatcher - will be threatened with extinction if the opinion is allowed to stand.

The lawsuit was filed by the Center for Biological Diversity and the Maricopa Audubon Society, represented by Earthjustice. This is the third lawsuit the groups have filed challenging the Fort's water use.

"For some reason, the government just can't seem to get this right," said Robin Silver of the Center. "This is the third time we've had to go to court to to enforce the Endangered Species Act. We're two-for-two and expect to win this time as well."

The lawsuit says that the opinion makes vague promises about water conservation and other mitigation measures, without providing legally required guarantees under the Endangered Species Act.

The measures that are mentioned in the agreement, in many cases, have no funding.

"The Fort is doing an admirable job of controlling its on-post water use, but it is not addressing the off-post water use that is affecting the river," said Earthjustice attorney McCrystie Adams.

"It's in our power to protect this river for all the special animals and plants that thrive along the San Pedro but we need to find some additional ways to meet our water needs. The San Pedro is a world-class treasure," she said. "It deserves better than this."

A cloud hanging over the proceedings is a congressional rider written by Arizona Republican Congressman Rick Renzi and enacted in 2003. It declares that the Army bears no responsibility for water sucked from beneath the river by the town of Sierra Vista, even though that town exists to serve the fort.

Activists say they may seek repeal of the Renzi Rider at some later date, possibly next year.

Copyright Environment News Service (ENS) 2007. All rights reserved.