By
Tania Soussan
Journal Staff Writer
A recent
federal court ruling "favors fish over people," Sen. Pete Domenici told the
Senate on Wednesday as he pleaded for congressional support to change the
Endangered Species Act.
"This
really has far-reaching implications for all Americans," Domenici said of the
ruling in a passionate floor speech. "It essentially favors fish over
people."
He said legislative
action is needed to short-circuit last week's ruling by a three-judge panel of
the federal 10th Circuit Court of Appeals. In a 2-1 decision, the judges said
water earmarked for cities and farmers can be taken to save the endangered Rio
Grande silvery minnow from extinction.
Domenici said he
will renew efforts to amend the Endangered Species Act in the next month or
two.
He said the court ruling
means local governments and farming communities cannot "reasonably expect a
permanent water supply" — something Congress did not
intend when it passed the act.
"I believe there has to be a better way," Domenici said. "I believe we can amend
this law to better protect struggling species while still respecting the
authority of the government, states and localities and Indian tribes. I believe
we can amend this law to better protect struggling species while still allowing
people access to the resources we need to
survive."
Domenici said he will
have legislation ready soon so it can be attached to the next bill moving out of
the Senate.
The minnow ruling
has sparked a flurry of meetings on Capitol Hill as state leaders and members of
New Mexico's congressional delegation work to formulate a strategy.
Albuquerque Mayor
Martin Chávez met Wednesday with Reps. Heather Wilson, R-N.M., Steve Pearce,
R-N.M., and Tom Udall, D-N.M., and with a top Interior Department official.
Albuquerque is among the contractors for water that could be sent down the Rio
Grande to protect the minnow and its habitat.
"What we're trying to
do is fashion a solution that doesn't require a head-to-head collision between
the species and the city," Chávez said in a telephone interview.
Because the court
ruling will affect all Western states, there is not a lot of support in Congress
for legislation that addresses only New Mexico, Chávez
said.
But a broad change to the
Endangered Species Act would be politically thorny and tough to pass.
Gov. Bill Richardson, who
traveled to Washington earlier this week, said Wednesday it's unrealistic to
expect Congress to radically alter the act.
"I don't think we can amend
or change the Endangered Species Act," Richardson said during a town hall
meeting in Socorro. "I think it's there; I think maybe we should tinker with it.
I don't think there's the votes or the strength or the effort to change it."
Sen. Jeff Bingaman, D-N.M.,
will meet today with Domenici to discuss ways to address the issue.
"It's going to take the
entire congressional delegation getting behind one effort if this is going to
pass," Bingaman spokeswoman Jude McCartin said. "Sen. Bingaman does not want to
begin a big ESA fight if we don't need to. He wants to generate legislation that
is narrowly tailored to fix New Mexico's
problem."
Richardson also
suggested the delegation try to block the funds to implement the appeals court
ruling or that the state join the Interior Department in appealing the
decision.
New Mexico Attorney
General Patricia Madrid said Wednesday that her staff already is working on a
request for the full appeals court to reconsider the
case.
"That is not a simple
undertaking," she said. "We want it to be well-researched and well
laid-out."
The deadline for
filing a request for rehearing is in late
July.
Madrid also said she will
be asking every state in the West to support New Mexico by filing
friend-of-the-court briefs in the case, something several states already have
done.
Madrid has scheduled a
telephone conference today with Interior Secretary Gale Norton to talk about
ways to get New Mexico through the summer without water
wars.
Journal staff writer
David Miles contributed to this report.