THE' AHAKHA V TRIBAL PRESERVE

A RIPARIAN RESTORATION PROJECT BY THE COLORADO RIVER INDIAN TRIBESFred Philli s, American Socie o Landsca e Architects, Pro 'ect Coordinator

T he' Ahakhav Tribal Preserve started with thevision of Dennis Patch, Colorado River IndianTribes (CRlT) Council Member and CRlT Di-rector of Education. Over the last half century

Patch has witnessed "progress " -agricultural and resi-

dential development, dams and water diversions -thesystematic destruction of his people's homeland on thelower Colorado River. In 1994, he sought to restore thelandscape that once existed, such as the cottonwood/willow (Populus jremontii/Salix gooddingii) gallery for-ests, mesquite (Prosopis spp. ) bosques, and the diversemeandering wetlands of the river together with the wild-life supported in these habitats.

Patch's vision inspired Peter Nimkoff, then CRlT At-torney General, to contact Benjamin Frederique, a doc-toral candidate at Purdue University. The two found FredPhillips, a student in Purdue's Landscape Architectureprogram, who spent the next two vacations at a CRITdrafting table. Next, Phillips recruited two more Purduestudents ; Sonia Mullinex and Adam Perillo to set aboutturning the vision and the early plans into a reality.

The second summer of the project in 1995 saw the de-velopment of the original plan. The' Ahakhav PreservePlan goals included: combining local, tribal, state, andfederal resources to restore and monitor viable wetland,riparian, and aquatic communities; creating a naturepark with low impact recreation opportunities; establish-ing a native plant nursery; and implementing an envi-ronmental education program for tribal members andvisitors. Outreach within the tribal community helpedensure the project's long-term success -Tribal Eldersand the community at large were consulted on all as-pects of the project.

Upon Tribal Council approval, theplan was submitted to all relevant agen-cies for review. Revisions and commentswere incorporated into the final draftplan before seeking the necessary permitsand additional funding. Sonia and Adamheaded back to school, but within oneyear all necessary permits had been se-cured (CRIT and SHPO archaeologicalconcurrences, NEPA consultation, U.S.Fish and Wildlife Service' s critical habi-tat consultation, and most importantly,the U.S. Corps of Engineers wetlandrestoration permit).

With permits and a solid plan in placethe next priority was to locate projectfunding. Tribal "seed monies" helped getus started. Then a list was developed totarget all potential grants that best fit thepreserve plan. The first grant obtainedcame from the Bureau of Indian Affairs(BIA) Woodlands Program ($10,000 to

(Cont. on page 3... 'Ahakhav)

2

6

1

8

9

10

]3

Inside This IssueLetters to the Editars Current Riparian Research. Species Profile. Meet Our New Board Members. ...

Fall Campout-Get Together. Update on Fossil Creek. LegalIssues

LETTER TO THE EDITORS

[Editors' Note: Letters to the editorsare not necessarily the views oropinions of the Council and may beedited. Although willow flycatcher-related issues are important, weencourage letters focused on otherriparian issues and topics as well.]

the flycatcher has declineddramatically since being listedas endangered, and that"extinction is foreseeable. " The

Lake Mead opinion states thatthe environmental baseline forthe flycatcher, prior to anyfurther habitat loss, is alreadyjeopardy. There are only sixflycatcher populations range-wide with only 20 pairs ofbirds. One was destroyed in a1996 fIre on the San PedroRiver, two more have beenapproved for completeinundation by the USFWS(Lake Mead and RooseveltLake) , and a fourth (LakeIsabella/Kern River) will besubstantially degraded.

Mr. Parker states that habitatat Roosevelt Lake cannot beessential, since the flycatchergot along without it in the1970s. According to this theory,no ephemeral habitat type couldever be deemed essential. It istrue that when the flycatcherwas abundant, no particularpatch of riparian habitat wasessential to its survival. Nowthat it have been reduced tosuch low numbers (300-500pairs range-wide), the loss of asingle population is devastating.The Lake Mead biologicalopinion, for example, states thatthe loss of the population is" catastrophic" due to the l(JoN

numbers of flycatchers, lownumber of "large" populations,and a few remaining largestands of willow in theSouthwest.

Mr. Parker would have us tobelieve that the destruction ofthe Roosevelt, Mead, andIsabella populations is okaysince the USFWS authorized it.

I n a recent letter to the ARCnewsletter, Dennis Parkerexpressed "utter disbelief"that extinction may be

imminent for Southwesternwillow flycatcher if thepopulation at Roosevelt Lake isinundated before a replacementpopulation is established."Nothing could be further fromthe truth, " he says.

Mr. Parker appears to bealone in his optimism. In a 1993report for the mining industry,Mr. Parker argued that thesouthwestern willow flycatcheris not a valid subspecies, that ithas not declined to the level ofendangerment, and that noevidence exists that riparianhabitat has declined. In a July25, 1996 letter to the ArizonaRepublic, he concluded: "Beforethe Fish and Wildlife Servicestepped in to' save' the willowflycatcher, the bird was doingjust fine. Cowbird parasitismwas negligible and livestockwere present on the breedinggrounds. The bird chose theexotic tamarisk overcottonwood-willow habitats, andthere was no reason to believethat management changes werecalled for. "

In regard to the precariousstatus of the flycatcher, see thefinal biological opinions onLake Mead, Lake Isabella, andRoosevelt Lake. In all three,U.S. Fish and Wildlife Service(USFWS) biologists conclude

Regarding Roosevelt, I wouldrefer him to the subsequentLake Mead biological opinion(pg. 66) which seriouslyquestions the adequaf:i of themitigation associated withRoosevelt Lake. RegardingLake Mead, Mr. Parker shouldreview the draft biologicalopinion which stated it isimperative to preserve either theLake Mead or the RooseveltLake population to avoidjeopardy. A January 22, 1997briefing statementaccompanying the draft statedthat saving one of thepopulations was "the absoluteminimum necessary to alleviatejeopardy, II warning that "water

and power interests. ..havethreatened to walk out of the(HCP) process if what theyperceive as a 'draconian'biological opinion is produced. II

Shortly thereafter, theconsultation process was movedfrom the field office to theregional office, and alllimitations to the destrUction ofthe Lake Mead and Rooseveltpopulations were removed fromthe opinion. The Arizona DailyStar quoted Regional DirectorNancy Kaufman as saying thefinal opinion would only allowthe flycatcher to" continuelimping along. II Not exactly an

optimistic account.The Lake Isabella situation is

even worse. U.S. Fish andWildlife Service biologistssubmitted mitigation proposalsdirectly to Congressman CalvinDooley, who rejected them oneby one, until the agenf:i wasforced to agree to a planwhereby the population \\Uuld

(Cont. on page 5 Editors)

The Arizona Riparian Council 3 1997 Vol. 10, No.3

Two-month-old cottonwoods.

(Cont. from page 1... 'Ahakav)

revegetate two acres of riparianforest). Soon Tribal donationsexceeded $200,000. Thereafter,a steady stream of grants"spike-flowed" and within twoyears we compiled over $2.3million for preserve operations.The largest contribution($931 ,000) came from theArizona Water Protection Fund(AWPF) .Combined with theBureau of Reclamation andArizona Game and FishDepartment matching funds, theAWPF grant is funding lOOacres of revegetation, 110 acresof wetland aquatic restoration,and "before" and "after" birdcensusing, and wetland/aquaticecological monitoring.

Life is funny. In February1996 we hauled a D9 ' dozer to

the site to destroy exotic saltcedar (Tamari.x chinensis)

soil moisture are quantified andmapped. Once preliminaryparameters are established weselectively clear around existingnative species. The nine-stepplan includes: preliminary soilanalysis of surface soil and soiljust above the water table;propagules started fromcuttings; selectively clearing thesite; intensively soil samplingon 20-foot centers; augeringholes where each propagule isto be planted; installing a buriedirrigation system; planting thesite; irrigating depending onspecies water demand and depthto the water table; and weeklymonitoring tree growth andfoliage volume. I guess goodthings keep growing. Happilywe can report similar successwith our 75-acre project plantedthis June.

In 1996 we established the, Ahakhav Native Plant Nursery

stands and thus begin restorationof a native riparian forest. In1997, we destroyed the 'dozer.Since 1996 we have restored125 acres of this habitat. BertinW. Anderson's Revegetationand Wildlife ManagementCenter came on board next. Weexperienced great short-termsuccess with initial revegetationefforts. Some of our cotton-woods planted in 1996 havereached heights exceeding 22feet; some honey and screwbeanmesquites (Prosopis glandulosaand 1': pubescens, respectively)have exceeded 10-12 feet. Howdo you grow cottonwoods,willow, and mesquite at up to aninch per day?

We used Dr. Anderson'snine-step revegetation method .Site selection includes soiltesting on two points per acrewhere depth to water table,salinity, pH, conductivity, and

'\

The Arizona Riparian Council 4 1997 Vol. 10, No.3

wilderness recreation. Wemanaged to borrow enough tentsand sleeping bags and gatherenough food and volunteers forour first camping trip to theGrand Canyon in October 1996.One year later, after .

submitting grant applications,receiving more Tribal funds andincreasing volunteer participa-tion, our outdoor recreation/education program has reallytaken off. CRIT, Patagonia,Kelty, Outdoor Research,Wilderness Systems, and eventhe U.S. Army have generouslydonated outdoor gear. Ourhand-me-downs have been

replaced with a full array ofcanoes, kayaks, tents, sleepingbags, binoculars, and other gearnecessary for the program.

In our first year, we'vehosted over 650 youth andadults in our program.Activities include canoe and

camping trips, interpretivehikes, a summer day camp,cookouts, trail days, treeplanting, and other activities.Foreign exchange students,Tribal Elders, localprofessionals, and an army ofkids routinely gather for ourweekend canoe trips.Community involvement has

with a $10,000 grant. In ourfirst year we propagated over20,000 native trees and shrubs.The nursery supplies all of ourrevegetation efforts as well asother restoration projects on thelower Colorado River. Nurseryfunds are used for salaries,nursery expansion, and forproject operations in need ofcash.

Dave Wegner's EcosystemManagement International(EMI) came into the preservepicture in the project's initialplanning stages. Later, EMIformed a plan for the pre- and

post-restoration hydrographicmapping and ecologicalmonitoring. Since March 1997,we have collected informationon backwater topography,substrate material, fisheries,water quality, invertebrates,and sensitive habitat areas. Ourevaluation of the above resultedin a restoration/dredging planthat protects existing sensitivehabitats and maximizesrestoration in deterioratingareas.

Restoration construction willbegin in February 1998.Twelve months of fighting thickcattails (Typha spp.), anaerobicmuck, and extremetemperatures should yieldexceptional results. Mappingand monitoring, once restora-tion construction has beencompleted, should quantifysuccesses and shortcomings.We should be in great shape todesign our own long-termmanagement of the backwatersas well as guide future regionalrestoration projects.

We're not all about biologyand numbers, though., Ahakhav has gradually

generated great interest inOne-year-old cottonJvood.

restoration. So fur, hundreds ofpeople have pulled together for200 acres and I often wonderhow many might get together topreserve the lower ColoradoRiver region. Grant fundingremains unpredictable, fleeting.Budget cuts keep coming. Idon't know what the futureholds. But we will keep doingour small part for the lowerColorado River habitats.

The other night I walkedthrough' Ahakhav. The smellhad changed; it's cooler than itused to be here. Our l-year-oldcottonwoods towered 20-feetabove me. It is amazing whatcan be done when a communitycomes together and takes actionas a whole. Let the historiccultural visions continue toguide us.

current office staff of 5 is stillcrammed into one room andour full-time field staff hasgrown to 15. Within a monthwe will open our new Preserveoffice and visitor center at thePark site and the additionalspace will be a welcomechange. Future plans for thepreserve facilities includeprimitive camping sites, anamphitheater, and threeadditional miles of interpretivetrails. Hopefully, beneathtraditional mesquite bosquesand cottonwood forests, thePreserve will serve as a culturalclassroom.

We have worked hard hereand have been very lucky. Butthe vision was not myopic. Wehave been presented with abigger picture. Systematicdevastation can only becountered with systematic

been vital. Everyone's ideas,energy, and support for theproject have helped us succeed.

, Ahakhav Park has also been

a great staging ground for all ofour activities. The parkfacilities include a 2-acre grassyday-use area with picnic tables,barbecue pits, interpretivetrails, and shade trees. Openingday on October 19th, 1996brought 500 people together forthe Park' s dedication. Wecelebrated with traditionaldancing and singing andvarious words of wisdom andencouragement from Tribalcouncilmen and our TribalElders. Then the kids andcanoes hit the water beforefeasting on 200 pounds of"pitted " beef.

Even with Sonia and Adamgone (they've graduated andwere married this summer), our

(Cont. from page 2. Editors) is proven to have beeneffective. None of the agenciesor water interests will take thiscommon sense approach,however, because none reallybelieve in the mitigation theyespouse. That is why theyplace the risk on theflycatcher, rather than uponthemselves.Kieran Suckling, SouthwestCenter for Biological DiversityPO Box 710, Tucson AZ 85702ksuckling@sw-center: org(520) 623-5252FAX (520) 623-9797

its own warning that extinctionis foreseeable, is dishearteningto say the least. In every case,the agency has authorizedpermanent destruction today,in exchange for possiblemitigation in the future. TheSouthwest Center's proposaland litigation strategy issimple: if the agency reallybelieves future, offsitemitigation will work, then itshould be happy to delay theinundation of the Mead,Roosevelt, and Isabellapopulations until the mitigation

be immediately inundated andjeopardy would be II mitigated II

by a team to be assembledlater. The team has not yetbeen assembled and will beadvisory only, having noauthority to require specific

mitigation.The flycatcher's status

could hardly be worse, wecannot be sure it is recoverableat this point. The USFWS'sinability to say IIno" to becontinued habitat loss, despite

The Arizona Riparian Council 6 1997 Vol. 10, No.3

AVIAN HABITAT USE IN SOUTHERN NEVADA

RIPARIAN AREAS WITH VARYING AMOUNTS OF TAMARIXRAMOSISSIMASandra L. Hai h, Universi o Nevada, Las Ye as

A vian species richness,

species diversity, and

density were measuredand compared over a 21-

month period on six ripariansites in Lake Mead NationalRecreation Area (LMNRA),southern Nevada. Sitesconsisted of two lakeshore areaswith almost pure stands ofTamarix ramosissima and fourstreamside areas, two withmixed Tamarix and nativevegetation and two with onlynative vegetation. Overall meanavian species richness,diversity, and density werelowest on lake shore sites,intermediate on mixed streamsites, and highest on streamsites with native vegetation.Differences in these values weresignificant between lakeshoreand stream sites and betweenstream sites for density. Habitatvariables within these sites thatwere measured and correlatedwith avian community factorsincluded perennial speciesrichness, perennial speciesdiversity, relative percent coverof Tamarix, percent total covernative vegetation, foliagevolume, and arthropod biomass.Perennial plant species richnessand diversity decreased on sitesas amount of Tamarix increasedbased on relative canopycoverage measurements.Significant differences werefound in foliage volumes ofTamarix growing on different

predictor of bird speciesdiversity, richness, and densityacross the three site types.Values for r were improvedslightly by using variousnonlinear models for all factorsat all levels. ~ultiple linearregression was used to constructa model to predict each avianfactor using the five vegetationfactors across all six sites andacross the three site types.Values for r were similar forbird species diversity andrichness and lower for birddensity across all six sites. Atthe site type level, r valueswere higher, with the value forbird density being the highest.Perennial plant species thatbirds used in greaterproportions relative to theirabundance were identified andincluded Acacia greggii,Prosopis pubescens, P.glandulosa, and Larreatridentata. Plant species thatbirds used less in proportion totheir abundance includedPhragmites australis andBaccharis sarothroides .

fEditor's note: To contact Dr.Haigh about her research, shemay be reached at :

site types at all three heightsmeasured during variousseasons. No difference infoliage volumes of nativevegetation growing on differentsite types were found at anyheight in any seasons. Foliageheight profiles based on foliagevolumes measured at threedifferent heights wereconstructed. Age profiles andage-stem diameter relationshipsof Tamarix were determined forfour populations growing in thetwo habitat types. Stream siteswere found to have olderpopulations with lessrecruitment and averagedslightly fewer number of growthrings/cm than lakeshorepopulations. Arthropods weresampled monthly from threevegetation layers, wereidentified to family, and thendried and weighed to determinesample biomass. Estimates ofbiomass in g/m3 and in g/hawere calculated for each site.Taxonomic diversity ofarthropods was highest in thesites with no Tamarix andlowest in sites with little nativevegetation. Significantdifferences were found inarthropod abundance betweennative vegetation and 7:ramosissima. Using linearmodels, arthropod biomass wasthe poorest predictor of thethree bird community factors atall levels. Percent total cover ofnative vegetation was the best

Dr. Sandra L. Haigh38349 SE 7(Jh SfWashougal WA 98671(306) 835-12160email:72572.2371 @compuserve. comj

The Arizona Ri arian Council 7 1997 Vol. 10, No.3

SPECIES PROFILE

THE TIGERS OF ARIZONAby Jim Collins

marshes, and ponds -that aremost similar to what aquatichabitats in the San RafaelValley were like before thearrival of European-derivedsettlers. In 1993,conservationists petitioned tohave the Sonoran tigersalamander listed as anendangered subspecies,triggering a complex chain ofevents and raising manyquestions. The subspecies wasfederally listed as threatened inFebruary 1997.

Tiger salamanders have oneof the most complex lifehistories of all salamanders.Males and females court inaquatic habitats between mid-January in the San RafaelValley and May at higherelevations; a rare breedingmay happen in summer.Females lay a few hundred to afew thousand eggs, attachingeach singly, preferably onrocks, twigs, and so forth, butoccasionally on bare soil. Tinylarvae hatch in a few weeks,depending on temperature, andbegin growing. After 4-6weeks, 1-35% of larvae insome populations developenlarged teeth, wide heads,and eat other salamanders aswell as invertebrate prey.Typical larval salamanders eatonly invertebrates.

Cannibalistic and typicallarvae grow for about 8 weeks.Some then metamorphose,leave the aquatic habitat, and

on the North and South Rimsof the Grand Canyon andacross the central and easternparts of the state above about1 ,700 m in stock tanks andnatural ponds, marshes, andlakes in pinyon-juniper,ponderosa pine, spruce-fir, andmontane meadow habitats. Allevidence indicates that this is anative race. The barred tigersalamander (A. t. mavortium)occurs mainly in stock tanksbelow about 1,700 m in centralArizona. This race wasprobably introduced fromeastern Colorado and NewMexico, Nebraska, and westTexas as a byproduct ofimporting salamanders used asfish bait ("waterdogs"). TheSonoran tiger salamander (A.t. stebbinsi) lives in thegrasslands and oak woodlandsof the San Rafael Valley, andhas an especially interesting

history.The Sonoran tiger

salamander was describedfrom the San Rafael Valley insouthern Arizona in 1954.Subsequent research indicatesthis race has the geneticproperties of a hybrid, likelyoriginating by the union ofsalamanders from A. t.nebulosus and mavortium.Sonoran tiger salamanderspresently occur only in stocktanks and surroundingterrestrial habitats; none live inthe aquatic habitats -

especially river margins,

A leopard may change itsspots, but there aretigers of a differentstripe -in Arizona. I'm

not talking about cats, butsalamanders.

The tiger salamander(Ambystoma tigrinum) complexhas species distributed fromthe east to west coasts of theUnited States, and fromsouthern Canada to MexicoCity. One part of the complexhas about 13 speciesdistributed throughout thehighlands around Mexico City.The other part of the complexhas another 5-8 subspecies orspecies. Of this group, allauthorities agree on 5subspecies: tigrinum frommostly east of the MississippiRiver, mavortium in thecentral Great Plains and muchof Texas, diabolic from thenorthern Great Plains,melanostictum also in theupper Great Plains and thenorthwestern United States,and nebulosus from the RockyMountains and intermontaneWest. Ambystoma t.californiense from the CentralValley of California andvelasci from around MexicoCity are variously regarded assubspecies or separate species.Finally, stebbinsi is found insouthern Arizona, 1 of 3subspecies occurring in thatstate.

The Arizona tigersalamander (A. t. nebulosus) is

live on land under rocks, logs,or in mamrnal burrows untilreturning to water to breed. Ifthe habitat retains water, andhas enough depth so that itwill not freeze to the bottom,some larvae may notmetamorphose, but retain thelarval morphology whilematuring their gonads. Thesemature gilled morphs, orneotenes, may eventuallymetamorphose. However, ifthe habitat retains water, theymay be neoteric for theirentire life.

In Arizona, introducednonnative salamanders posethreats to the native tigersalamander subspeciesnebulosus and stebbinsi, andnonnative fishes {like sunfishand bass) readily eatsalamanders. Bacterial andviral diseases of undeterminedcauses irregularly decimatepopulations of tigersalamanders on the North Rimof the Grand Canyon, in theSan Rafael Valley, and in partsof the White Mountains. Thesefascinating amphibians are animportant part of our naturalresource heritage in Arizona.

{Editors' Note; This articlewas reprinted from Bajada1997;5(3), po 5 and 13 withpermission from the editor,Gloria Maender: She may bereached at 520-670-6896 XI,FAX 520-670-6525, or email

gloria_maender@nps. govo ]

The Arizona Riparian Council 9 1997 Vol. 10, No.3

Join us at 1 pm Saturday, October 18, 1997 at the ~hdale Administrative Site near Cave Creek. Ifyou'd like, bring your lunch and come a little earlier. Bob Smith, Entomologist from the University ofArizona will talk about the role of crayfish in the stream ecosystem. We will also learn about streamassessment methods being used by the Tonto National Forest and other methods being developed byArizona State University for Arizona Game and Fish. The Board of Directors would like any ideas forthe spring meeting. We are planning a fun wildlife program for the evening hours; e.g. ,blacklighting bugs or mist-netting bats. Bring your family as we are planning on having activities forthe kids.

On Sunday you can choose from field trips to some restoration projects on the Tonto NationalForest or to the Sears Kay ruins which will be led l:7j Scott Woods, Archaeologist for the TontoNational Forest.

~ O!AJ' to Get TReJLe

From Tucson and other points south, take I -10 through Phoenix to 1-17 and then the CarefreeHighway exit. Coming from Flagstaff on 1-17 take the Carefree Highway exit. Drive east toScottsdale Road, turn north (left) to Cave Creek Road. Turn east (right) and go for about 7 pavedmiles and it then becomes a dirt road. It is fine for two-wheel-drive vehicles, but washboardy. Afterabout 12 miles of dirt road there are gates and two stock ponds on the left. From there you drop downto the Seven Springs Campground (18.3 mi from Cave Creek Road). Drive past Seven Springs 0.1 mito the turn off on the left to Ashdale Administrative Site (0.4 mi from turnoft). It is easy to miss sowatch for signs! If you get to the CCC Campground you've gone too fur.

This is a campout so please be prepared to do so. We will provide dinner, but you need to bringyour own breakfast. If you plan on attending please let us know how many adults and children will beattending so that we can have head counts to plan appropriately for dinner.

Please mail, fax, call, or email to:Cindy D. ZisnerArizona Riparian CouncilCenter for Environmental StudiesArizona State UniversityPO Box 873211Tempe AZ 85287-3211(602) 965-2490FAX (602) 965-8087Cindy. Zisner@asu.edu

Bring your faII)ily! !

~ Arizona Riparian Council 10 1997 Vol. 10, No.

AN UPDATE ON FOSSIL CREEK

by Marty Jakle, Land Use Committee Chair

this project, not an

EnvironmentalAssessment (EA) .

~ The DEA used theincorrect environmentalbaseline to evaluate theimpacts of the project.

The instream flowanalysis used to eval-uate the impacts of thedifferent alternativeshad several majorflaws.

~

Data and analysis ofimpacts to riparianvegetation are lacking.

..

Mitigation for theproject's impacts is

lacking.

..

A better economicanalysis is needed for

the project.

~

Relicensing the projectas proposed wouldmean the loss of aunique opportunity torestore a southwesternstream.

..

OPPORTUNITY FOR

MEANINGFUL STREAM

RESTORATION

Although we have majorconcerns about the data,assumptions, and conclusionspresented in the DEA, ourbiggest concern is not with thecontent of the DEA. Instead, itis what we view as areal

A Draft Environmental

Assessment (DEA) has

finally hit the streetsfor the relicensing by

the Federal Energy RegulatoryCommission (FERC) of the

Childs/Irving HydroelectricProject which is operated byArizona Public Service (APS;the deadline for comments wasSeptember 15, 1997). TheArizona Riparian Council hasbeen interested in this projectfor over five years andcommented on it in its earlystages. The Council held itsFall Meeting in October 1992,at the Irving Power Plant andheard presentations on thestudies which were beingconducted for the relicensingeffort. The next day the grouphiked up to Fossil Springsafter camping at the plant.

A little background on theFossil Creek relicensing is inorder for those of you whomay not be familiar with therelicensing issue or may haveforgotten some of the nuts andbolts of this project. FossilCreek is approximately14 miles in length from itssource at Fossil Springs to itsconfluence with the VerdeRiver at Childs, Arizona. Thewater flows out of FossilSprings at a constant base fl<1\¥of 43 cubic feet per second(cfs). Approximately 0.2 miledownstream from the springsis a dam which diverts all but0.2 cfs of the water into aflume that transports water tothe Irving Power Plant. At theIrving Plant, all but 2 cis isput back in the flume and the

water flows to the ChildsPower Plant.

The proposed alternativefor the relicensing of the twoplants would release 10 cfsback into Fossil Creek in thesegment from the dam to theIrving Plant and 5 cfs from theIrving to Childs segment. Thisproposal is the same one thatwas put forward in 1992.

The Council, since its earlyinvolvement with this project,has felt that the term that bestdescribes this project isopportunity. An opportunityto restore a southwesternstream that has few of theimpacts of other streams and,with the turn of a crank, return100 % of its base flow. Wehave urged those involved withthe project, mainly APS andthe U.S. Forest Service, tofind a way to make this

happen.The Council's comments on

the D EA focused on trying topoint out the opportunitywhich exists at Fossil Creekand concerns with theassessment's content. A majorconcern with the DEA was thatit stated that the proposedalternative (10/5 cfs) was thebest one for the system'snatural resources -better thanputting all 43 cfs back into thestream.

The major points of ourcomments are summarizedbelow: The main problems andconcerns with this documentare as follows:

.An EnvironmentalImpact Statement (EIS)should be prepared for

The Arizona Ri arian Council 11 1997 Vol. 10, No.3

opportunity to " do the right

thing" has been missed."Doing the right thing,"restoring base flow to FossilCreek, would not only benefitthe natural resources andpeople, but it would benefitthose involved in the project.At the same time the agenciesand entities involved with thisproject are publicly advocatingecosystem management, wiseuse of natural resources,finding win-win opportunities,and forming partnerships, they

makers should be trying to findways to restore the stream, yetresolve their individualconcerns. We believe thatpeople, working together tofind solutions to complexproblems, can find a way tomake restoring the stream areality. Ifthe decision is madeto try to find a way to restorethe stream, the ArizonaRiparian Council will workhard with agencies, businessinterests, and other interestedgroups to make it happen.

are pursuing a relicensing effortwhich represents the "businessas usual" attitude between theagencies and regulated entities.We believe that restoring thebase flow to Fossil Creek is arealopportunity that Is simplytoo good, for everyoneinvolved, to pass up.

The Council believes thatrestoring base flow to FossilCreek is truly a win-winsituation for all of thoseinvolved with this project. Theagencies and corporate decision

WILDERNESS TOO WILD FOR SOME!!Y~-- " .~,'.--~--- --r --

1

"

Graphic is not from original

story and has been added by

ARC Editors.

O The places where trails do

not exist are not well-

marked.0 A McDonald's would be

nice at the trailhead.

/Reprinted from the March 27,1997 issue of the ArizonaRepublic. Used withpermission. Permission doesnot imply endorsement.]

building trails that gouphill.

O Chairlifts need to be insome places so that we canget to wonderful viewswithout having to hike tothem.

O Too many bugs and leechesand spiders and spiderwebs. Please spray thewilderness to rid the area ofthese pests.

O Please pave the trails sothey can be plowed of snowin the winter.

O The coyotes made too muchnoise last night and kept meawake. Please eradicatethese annoying animals.

O Reflectors need to be placedon trees every 50 feet sopeople can hike at nightwith flashlights.

O All the mile markers aremissing this year.

O Need more signs to keeparea pristine.

T he following comments,left on U.S. ForestService registrationsheets and comment

cards by backpackers, weresent in by Thomas Ellsworthon the Internet:O Escalators would help on

steep uphill sections.0 Instead of a permit system

or regulations, the ForestService needs to reduceworldwide populationgrowth to limit the numberof visitors to wilderness.

0 Ban walking sticks inwilderness. Hikers that usewalking sticks are morelikely to chase animals.

0 A small deer came into mycamp and stole my bag ofpickles. Is there a way I canget reimbursed? Please call.

0 Found a smolderingcigarette left by a horse.

0 Trails need to bereconstructed. Please avoid

VOLUNTEER CORNER

VOLUNTEER NATURALIST

OPPORTUNITIES AT BROWN

CANYON, BUENOS AIRES

NATIONAL WILDLIFE

REFUGE, ARIZONA

Two volunteer naturalistpositions are opening this fallfor Tour Leaders andEducation Center Hosts inBrown Canyon, located on theBuenos Aires National Wild-life Refuge 45 miles south ofThcson. Volunteers will live inBrown Canyon leadingscheduled public and groupnatural history and bird toursor hosting overnight educa-tional groups at the BrownCanyon Education Center.Brown Canyon is located at3,700 ft elevation in theBaboquivari Mountains. The

spectacular sycamore-linedcanyon is known for birds likeStrickland's woodpecker, buff-collared night jar, and sulphur-bellied flycatcher. Conditionsare remote but comfortable.

Individual(s) or couples arerequired to volunteer 40hrs/week, must have know-ledge of natural history of theSouthwest and be able toidentify birds by sight andsound. Experience leadingtours or teaching preferred.Must have certification or beable to pass basic first aid.Must be outgoing and enjoyworking with people andpresent a professional image.Must be able to perform lightmaintenance and repairs. Thenaturalist/leader positionrequires physical ability tohike 6 miles for long tours.

Preferred minimum commit -

ment 1 year. No pet§ or

smoking.Benefits include $50/week

stipend, first-aid training,vehicle for work, living in oneof the most beautiful places inArizona.

For application or moreinformation, contact:Thea UlenOutdoor Recreation PlannerBuenos Aires NWRBox 109Sasabe AZ 85633(520) 823-4251 X 108email: Thea_Ulen@fws.gov

ARIZONA

RIPARIAN COUNCIL

The Arizona RiparianCouncil always needs peoplewho will help at environmentaleducation fairs with our booth.This can sometimes be withshort notice and is often onweekends.

We also are in need of anew Noteworthy PublicationsEditor. Ron Tiller, who hasbeen doing an excellent job,has other commitments andendeavors and will be unableto be our Editor. One needs tobe able to access scientificliterature, to read and under-stand it, and to write a briefparagraph on each publication.

The Council will also belosing Pat Shafroth, a Memberat Large, as he is moving backto Colorado. If anyone isinterested in filling his positionplease contact us as well.

For further information,contact Cindy (602) 965-2490or Jeff (602) 263-9522.

The Arizona Riparian Council 13 1997 Vol. 10, No.3

-

/\\-

LEGAL ISSUES OF CONCERN

Kimberly MacEachern and Chris Vamos, Law Offices of Kane Jorden von Oppenfeld Bischoff& Biskind, P.L. C.

ENVIRONMENT AL GROUPS BID FOR GRAZING LEASES IN LIMBO--

Enabling Act and the ArizonaConstitution, which mandatethat leases of state trust land goto the "highest and best bidder. "

Interestingly, the state is notrequired to advertise theavailability of grazing leaseswhich have a term of less than10 years. The CLPI argues inits lawsuit that in practice, assoon as the grazing leasesexpire they are perfunctorilyrenewed, effectively creating alease in perpetuity andprecluding ,any 1"

~

opportunity forcompetitive bidding. The CLPIargues that the biggest loser inthis system is Arizona 's publicschool system, which state landlease proceeds directly fund.Judge Michael Dann of theMaricopa County SuperiorCourt agrees with the Center'scontention and has reversed anearlier ruling against CLPI. Ahearing on final resolution ofthe case is pending and theASLD is weighing its options.

The two conservation groupscurrently competing for grazingleases are Forest Guardians andthe Western Gamebird Alliance.Forest Guardians currently

holds two grazing leases nearNew Mexico streams and hasplanted cottonwood and willowin an effort to restore thehabitat. They seek to implementa similar plan in Ariwna on 160acres on the Babocomari nearElgin and about 4,000 acresnear Cataract Creek on theBabbitt family ranch. ForestGuardians ' spokesman, John

Horning, noted that NewMexico originally rejected thebirds but eventually acceptedthem under Enabling Act andConstitutional language thatmirror's Arizona's. But StevenWilliams of the ASLD says thatthe implementing law in~ -Arizona is significantly

different than NewMexico law.Arizona ' s statutorydefinition of " grazing

lands" is very narrow,and includes land "only used furthe ranging of animals" (A.R.S.§37-101.7). In contrast, NewMexico's definition is muchbroader and includesagricultural activities.

This distinction in the State'sland use definitions createsForest Guardians' currentdilemma since the group has nointention of grazing cattle on theleased land. One option,according to Williams, is for thegroup to request reclassificationof the lands from grazing tocommercial use and reapply.Commercial lands can be usedfor" ...any general purposeother than agricultural, grazing,

A rizona law hasunwittingly placed twounlikely interests at oddsover grazing leases. One

side claims that the purpose of agrazing lease is to provideranchers with the right to usestate land to graze their cattle.Therefore, the state cannotaccept a bid to use the land furnongrazing purposes even if thebid is higher. The other sideclaims that, regardless of thepurpose, grazing leases aresupposed to go to the highestbidder in order to providefunding for .Arizona schools.They furtherargue that

perpetuallyrenewing leasesat a low pricefor rancherswhen anotherhigher offerexists denies school children ofmoney they are entitled to. Bothsides cite Arizona lawsupporting their opposing

positions.Against the backdrop of a

lawsuit brought by the Centerfor Law in the Public Interest(CLPI) against the Arizona StateLand Department (ASLD) overthe manner in which grazingleases are issued, two groupsrepresenting nonranchinginterest have applied for grazingleases, offering premium bidsfor the leases. The CLPI lawsuitinvolves the most fundamentalaspects of Arizona law: the

mining, homesite, or rights-of -

way" (A.R.S. §37-101.3).Forest Guardians ' bid for

grazing lands was substantiallyhigher than the amount that thegrazing rental fee would bringto the state trust. But at thispoint, ASLD can only addressthe fact that the intended use(for a nongrazing purpose) does

law as it is written. There aresure to be more developments inthe near future as both sideswork toward resolution of thelawsuit and the bids. For furtherinformation, contact Rolf vonOppenfeld or the authors at(602) 955-9200.

not meet the currentclassification of the land (forgrazing) .As Homing sees it,this results in ASLD serving theinterests of "ranchers instead ofthe school kids who a~ tobenefit from the management ofstate trust lands. II For Williams

and the ASLD it is only amatter of implementing state

If you are interested in becoming our Noteworthy Publications Editor, please

contact Cindy at 602-965-2490 or Jeff at 602-263-9522.

The Arizona Riparian Council

Officers

Ruth Valencia, President .

Janet Johnson, Vice President

Cindy Zisner, Secretary ...

At-Large Board Members

Matt Chew. (602) 542-2148

mchew@pr.state. az.us

(602)789-3611

bheslin@gf.state.az.us(602) 965-0868

shafroth@asu.edu

Barbara Heslin ..

Pat Shafroth

The Arizona Riparian Council (ARC)was formed in 1986 as a result of theincreasing concern over the alarming rateof loss of Arizona's riparian areas. It is es-timated that < 10% of Arizona's originalriparian acreage remains in its naturalform. These habitats are consideredArizona's most rare natural communities.

The purpose of the Council is to providefor the exchange of information on thestatus protection, and management ofriparian systems in Arizona. The term"riparian " is intended to include

vegetation, habitats, or ecosystems that areassociated with bodies of water (streams orlakes) or are dependent on the existence ofperennial or ephemeral surface orsubsurface water drainage. Any person ororganization interested in the management,protection, or scientific study of ripariansystems, or some related phase of riparianconservation is eligible for membership.Annual dues (January-December) are $15.Additional contributions are gratefullyaccepted.

This newsletter is published three timesa year to communicate current events,issues, problems, and progress involvingriparian systems, to inform members aboutCouncil business, and to provide a forumfor you to express your views or newsabout riparian topics. The next issue willbe mailed in May with the deadline forsubmittal of articles December 15, 1997.Please call or write with suggestions,publications for review, announcements,articles, and/ or illustrations.

Committee Chairs

Classification/InventoryIRoy Jernison /S=R.JEMISON/OUl

= S28LO 1 A@rnhs- fswa .attrnail. corn

...(602) 965-249°1

(602) 870-67641

Education

Cindy Zisner Land Use

Mary Jakle Pro tecti on/Enhancement

Kris Randall. Bill Werner. (602) 207-4510

1(602) 789-3607bwerner@gf.state. az.us

Water Resources

Jeff lnwood ... :~(~ 263-95221

Jeff InwoodC/O ASL

1130 E Missouri #110Phoenix AZ 85014

(602) 263-9522or

Cindy D. ZisnerCenter for Environmental Studies

Arizona State UniversityPO Box 873211

Tempe AZ 85287-3211(602) 965-2490; FAX (602) 965-8087

E-Mail: Cindy.Zisner@asu.edu

CALENDAR

Arizona Riparian Council Fall Campout Get-Together, October 18-19,1997, Ashdale Administrative Site, Cave Creek Ranger District, Tonto NationalForest. For further infonnation, Contact Cindy Zisner at (602) 965-2490 oremail Cindy .Zisner@asu.edu.

Symposium on Environmental, Economic, and Legal Issues Related toRangeland Water Developments, November 13-15,1997, Phoenix, Arizona. .Questions regarding the symposium should be directed to Daniel Strouse,Director, Center for the Study of Law, Science, and Technology, Arizona StateUniversity, PO Box 877906, Tempe, AZ 85287-7906; phone (602) 965-2554;email Daniel.Strouse@asu.edu.

A Century of Parks in Southern Arizona, Second Conference on Researchand Resource Management in Southern Arizona National Park Areas, May 5- 7,1998, Quality Hotel and Suites, Tucson, Arizona. For further informationcontact Kathy Hiett, Registration Coordinator, at (520) 670-6896 X3; FAX(520) 670-6525; email katherine_hiett@nps.gov.

BT5 1005Center for Environmental StudiesArizona Riparian CouncilArizona State UniversityPO Box 873211

Tempe, AZ 85287-3211

AS1I

ARIzONA STATE UNIVERSITY

~~, Printed on recycled paper