HomeMy WebLinkAboutR01-104RESOLUTION 01-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLAINVIEW, TEXAS REQUESTING THAT PORTIONS OF THE
CANADIAN RIVER IN TEXAS BE DESIGNATED AS CRITICAL
HABITAT ONLY TO THE EXTENT THAT SUCH DESIGNATION IS
ABSOLUTELY NECESSARY, SCIENTIFICALLY JUSTIFIABLE
AND ECONOMICALLY PRUDENT AND THAT THE CANADIAN
RIVER MUNICIPAL WATER AUTHORITY URGE THE
APPROPRIATE ENTITIES TO RECONSIDER THE NECESSITY
OF DESIGNATING CRITICAL HABITAT IN TEXAS FOR THE
ARKANSAS RIVER SHINER.
WHEREAS, under rules adopted on November 23, 1998, the Fish and
Wildlife Service of the United States Department of Interior listed the Arkansas
River Shiner (Notropis girardi), a minnow, whose present range includes portions
of the Canadian River in Texas, as a threatened species u.nder the Federal
Endangered Species Act of 1973 as amended; and
WHEREAS, subsequent rules adopted on April 4, 2001, which follow from
policy reconsiderations stipulated in an agreed settlement order, designated
1,148 miles of river segments in the Arkansas River basin, including segments of
the Canadian River in Oldham, Potter, and Hemphill counties in Texas, as critical
habitat for the species; and
WHEREAS, notwithstanding its recent final run adoption, the Fish and
Wildlife Service states that it continues to solicit additional public comments on
the effects of this final designation and ways that it may be improved; and
WHEREAS, the Texas Parks and Wildlife Department recommended
against listing the Arkansas River Shiner as an endangered or threatened
species because such a listing was scientifically unsound and unnecessary; and
WHEREAS, the Fish and Wildlife Service designated areas in the
headwaters of Lake Meredith, including areas located in reservoir's surcharge
and flood-control storage capacity; and
WHEREAS, the critical habitat designation of areas within the flood control
storage areas could interfere with the Army Corps of Engineers' and the Bureau
of Reclamations' operation and management of reservoir during a flood event
and could render these functions useless and valueless; and
WHEREAS, the Fish and Wildlife Service failed to conduct a full analySis
of all the economic impacts of a critical habitat designation of segments of the
Canadian River in Oldham, Potter, and Hemphill counties in Texas as required
by Endangered Species Act § 4(b)(2), as interpreted by New Mexico Cattle
Resolution R01-104 Page I of 3
Growers Assoc. v. U.S. Fish and Wildlife Service, 248 F.3d 1277 (10th Cir. 2001);
and
WHEREAS, the critical habitat designation enhances the likelihOod that
the Endangered Species Act might be used as a vehicle for direct regulation of
Texas groundwater and surface water use by the federal government, federal
courts, or other proponents of the listing of and designation of critical for the
Arkansas River Shiner; and
WHEREAS, the 77th Legislature of the State of Texas, through the
adoption of the Senate Concurrent Resolution No. 51, which was signed by
Texas Governor Rick Perry on June 14, 2001, urges the United States
Department of Interior to reconsider the necessity of designating the Arkansas
River Shiner as a threatened species and the necessity of designating critical
habitat in Texas for the Arkansas River shiner; and
WHEREAS, the City of Plainview is a member city of the Canadian River
Municipal Water Authority and it's municipal water supply may be adversely
affected by designation of critical habitat;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PLAINVIEW THAT:
1. The City of Plainview urges, and requests that the Canadian River
Municipal Water Authority urge, United States Department of Interior to
reconsider the necessity of designating the Arkansas River Shiner as a
threatened species and the necessity of designating critical habitat in Texas for
the Arkansas River Shiner; and
2. The City of Plainview, and the Canadian River Municipal Water Authority,
on behalf of the City of Plainview, take all reasonable and necessary steps to
ensure that portions of the Canadian River in Texas be designated as critical
habitat only to the extent that such designation is absolutely necessary,
scientifically justifiable, and economically prudent; and
3. The City of Plainview urges the State of Texas, through the Office of the
Attorney General and the Texas Parks and Wildlife Department, to take all
reasonable and necessary steps to ensure that portions of the Canadian River in
Texas be designated as critical habitat only to the extent that such designation is
absolutely necessary, scientifically justifiable, and economically prudent; and
4. Pursuant to the request by the Fish and Wildlife Service, the Canadian
River Municipal Water Authority, on behalf of the City of Plainview, file additional
comments on the effects of the final designation of critical habitat and ways that it
may be improved.
Resolution R01-104 Page 2 of 3
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
PLAINVIEW, TEXAS, the 9th day of October, 2001, at which meeting a quorum
was present and voting.
ATTEST:
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Resolution R01-104 Page 3 of 3