Conservationists Put Black Hills National Forest on Notice of Impending Lawsuit to Protect Endangered Species

For Immediate Release:
November 8, 2004

For More Information Contact:
Jeremy Nichols, Biodiversity Conservation Alliance, 307-742-7978
Jacob Smith, Center for Native Ecosystems, 303-546-0214
Notice of Intent to File Suit (pdf)

Laramie, WY-A coalition of conservation groups have put the U.S. Forest Service on notice that they intend to file suit under the Endangered Species Act for the agency's failure to conserve threatened and endangered species through management of the Black Hills National Forest.

At issue is the Forest Service's failure to conserve the endangered pallid sturgeon, endangered least tern, and threatened piping plover, all species that exist downstream in the Cheyenne and Missouri Rivers. Of particular concern are the impacts of water depletions, or the loss of surface water due to dams, diversions, groundwater withdrawals, spring developments, and other activities. Cumulatively, water depletions throughout the Missouri River basin have taken a toll on threatened and endangered species and their habitats. The Endangered Species Act requires federal agencies like the Forest Service to consult with the U.S. Fish and Wildlife Service to ensure decisions authorizing water depletions also conserve threatened and endangered species.

Over a decade after the pallid sturgeon, least tern, and piping plover were protected under the Endangered Species Act, the Forest Service still has not undertaken such consultation.

"Consultation leads to conservation," said Jeremy Nichols with Biodiversity Conservation Alliance. "With species like the pallid sturgeon and least tern on the brink of extinction, the Forest Service also has a responsibility to ensure its actions help protect our natural heritage for future generations."

The Forest Service has in fact authorized numerous water depletions throughout the Black Hills National Forest. The Forest Service manages several dams and reservoirs, dozens of water diversions, water wells, and spring developments. Together, these depletions add up. In light of studies indicating that perennial stream flow in the Black Hills has been reduced by nearly 50% and in light of the ongoing drought, the need to consult and conserve is more pressing then ever.

"This is about balance," said Jacob Smith, Executive Director for Center for Native Ecosystems. "The solution here is not an end to dams or diversions, but careful planning, consideration, and ultimately conservation."

According to the U.S. Fish and Wildlife Service, the pallid sturgeon, least tern, and piping plover are all affected by water depletions in the Missouri River drainage. Not only have water flows been directly reduced, but indirectly, lower flows have stemmed the creation of sandbars that sustain breeding populations of least tern and piping plover.

The Cheyenne River drainage is a major tributary of the Missouri River and flows from the Black Hills region comprises the vast majority of water in the Cheyenne River. Consequently, activities that affect water flows in the Hills also impact flows in the Cheyenne and Missouri Rivers.

Conservationists are ultimately seeking a better balance between the needs of those who use and depend upon water supplies in the Black Hills and the needs of fish and wildlife. Better regulation of water flows from reservoirs, better planning for future water developments, and better maintenance of existing water developments could all aid greatly in conserving downstream threatened and endangered species.

"Ultimately, the Endangered Species Act is about conserving entire natural systems," said Nichols, "Through better water management, the Forest Service stands not only to benefit downstream threatened and endangered species, but fish and wildlife right in the Black Hills."

Under the Endangered Species Act, conservationists can file suit in federal court after 60-days if the Forest Service has not consulted


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Biodiversity Conservation Alliance
P.O. Box 1512, Laramie, WY 82073
(307) 742-7978 - maggie@voiceforthewild.org