ALBUQUERQUE, Oct. 17 (UPI) -- A federal appeals court Thursday stayed a court order that would have released water from a northern New Mexico reservoir to save an endangered minnow species in the Rio Grande.
Judges of the 10th Circuit Court of Appeals in Denver put last month's order from U.S. District Judge James Parker on hold while they decide whether federal project water can be used to comply with the Endangered Species Act.
The stay is at least a temporary victory for the city of Albuquerque, the state of New Mexico, and water groups, which appealed Parker's ruling. They are concerned about conserving water for drinking and growing crops in the drought-stricken state.
The environmental groups, who brought the suit to save the silvery minnow, were angry over the appeals court decision.
"I'm shocked that they would want to let the river go dry," attorney Letty Belin told the Albuquerque Tribune's online edition.
"The danger to the minnow is vast because the government is expecting that virtually the entire river from Cochiti to Elephant Butte to go dry."
Belin represents the Land and Water Fund of the Rockies, one of the environmental groups that filed the original lawsuit to protect the minnow.
Albuquerque Mayor Martin Chavez said at least for this year the city's water supply is protected. The stay will remain in effect until Dec. 30 to allow the court to hear the appeal and make a decision.
Belin said, however, that she was considering an appeal to the U.S. Supreme Court.
The issues in the case are serious for many western states where water is precious and drought conditions are a constant challenge. The court will determine whether the Endangered Species Act supercedes the water rights of cities, farmers and other interests.
Parker ordered 6,000-8,000 acre feet of water released from the Heron Reservoir to replenish the Rio Grande, which is nearly dry where the silvery minnow swims. He said the Bureau of Reclamation, which operates the reservoir, must protect the minnow.
The appeals court did not go into detail about the reasons the case was accepted but the order did say it involved "very substantial questions" about contracts for federal project water and other issues.
The city of Albuquerque has spent millions of dollars on the storage of water at Heron for a planned drinking water project in 2006. Since the 1960s, the city has been diverting water from the San Juan and Chama rivers in southern Colorado.
