WEBVTT

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 This is Paul, her and Jennifer Sweeney of Arizona State University

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interviewing Bob Lynch at his home in
Phoenix, Arizona on January 20th,

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2019, 2020 who we have gone into a New
Year and a new decade. Thanks, Bob.

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So that's a good example of, of why
you're such an important person to

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interview because you are. I'm glad I
didn't shine my shoes. Besides, it's

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not a new decade. It's the last year
of the old. Well, technically it is,

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but most people think it's the
beginning of the new decade. But you are

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right about that too. Um Why don't you
just start out by um telling us

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your name, the positions you held in
the Adaptive Management Program in

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the years that you've been involved?
Well, my full name is Robert S Lynch.

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I'm an attorney uh here in Phoenix, uh
been a member of the bar since

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August 27th, 1964.

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Uh and uh I uh practice natural
resources law, which is how I ended up

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back here. Uh Having left law school
and past the bar, been sworn in, got

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in the Marine Corps, gone out of the
Marine Corps into the justice

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Department and then back here to work
on the Central Arizona Project, uh,

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I really am not part of the Adaptive
Management Program. I am essentially

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a spectator. Uh,

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you, I don't know if you've talked to
Leslie James. Yeah. Well, her

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predecessor was a guy named Joe
Hunter, a lobbyist who held that executive

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director position. And when, uh, they
were after the criteria were adopted

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in 97

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uh, the Bureau and Park Service people
were putting together the adaptive

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management work group and the
technical work group and said that Creta

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could have two positions on each as
long as I was not either one of them.

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And literally, he came and told me afterwards that he, that, that was the

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deal that they got two slots to keep
me away. And so I've been, uh, on the

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sidelines watching, uh, well, since
that started in the ni in 97 but I've

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been involved in Glen Can Dam issues
since the early eighties when, uh,

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President Bush kicked off some of the
or not Bush, um,

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that would have been Ronald Reagan,
but there were

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issues

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with regard to Glen Canny Dam and,
and, and, uh, Lake Powell and the river.

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 And then in 92

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uh, Bush 43 started who got his
secretary, the chair to start the Glen

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Canyon environmental stay. So that
sort of formalized

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but amounted to a decade of debate,
uh, over what was going on and what

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you know, and, and all of that. So as
a practical matter of, I've been on

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the sidelines, ping people, uh ever
since. Well, let's talk about that a

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little bit. What, um, what do you see
as your role in, um, poking people

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uh from the sidelines in the Adaptive
Management Program? I mean, you're a

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water lawyer among other things and uh
kind of representing the State of

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Arizona on the Adaptive Management
Program, there are representatives of

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each of the basin states and their
water interest. Do you see yourself uh

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sort of in that category of somebody
watching out for those issues, state

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water issues.

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Well, I get involved in state water
issues, but my clients are primarily

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interested in the hydro private
generation from Glen Canyon Dam. Uh While

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there are other hydroelectric
facilities in this color river storage

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project, it's 70% of that and it's a
major source of power for the small

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entities, the utilities that I
represent uh in Arizona and uh one and uh

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California. And uh and so we uh uh are
concerned because, you know, the

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smaller you are, the more important
this resource is and any particular

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under the current criteria, any
particular day of the week, you're leaving

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600 to 800 megawatts of capacity on
the table not being used, which is a

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power plant, you know, and uh not to
mention load following for an

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enormous amount of solar or wind. If
you were to restructure how

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hydropower works. Uh Right now,
hydropower follows load rather than

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generation, but it can also fo follow
generation and it can follow both

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with what's called a dynamic signal
and it's an electronic signal that has

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sent limited number of them to each
generation facility about what that

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particular uh utility needs. And the
uh operators at the other end have a

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computer program that melds those to
try to adjust uh the operation within

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the parameters uh of operation of the
dam. Uh And uh and Hoover, um the

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parameters are driven by water supply
and downstream water works. Uh Glen

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Canyon, they drive, the power
generation is driven by the uh 97 criteria

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and the subsequent criteria in the new
EIS and rot. So people have to live

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within that and try to do what they
can. Uh But uh things are about to get

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interesting.

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A lot is changing in the energy field
today, isn't it? Well, it's not that

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it's the lawsuit.

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The uh a group of environmentalists
headed up by a group called Save the

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Colorado vote. The year of reclamation
in July said

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your environmental impact statement,
recorded decision for L temp is any

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good because you failed to take into
account climate change, the drought

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contingency plan,

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couple of other things and so that
dragged on. So they filed suit and the

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uh Creta has intervened.

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Uh I have a stack this tall that I had
to get through so I can craft an

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intervention for my client. Uh

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And it, it, it, it's a novel issue.
Everybody talks about climate change,

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everybody talks about what you ought
to do about this, that or the other

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thing. But

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to the best of my knowledge, there's
one other case where the issue of

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climate change, it has just been
brought up this year and some litigation

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out of Montana. It's still in the,
just finished the pleading stage and

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these two cases for the first time
bring up the subject of how a dam

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should be operated on a river system
vis a vis climate change. Now you add

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to that, that the council on
environmental quality came out with draft

00:09:06.570 --> 00:09:10.946
and then final guidance on how to deal
with climate change and

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environmental impact statements. Uh
Last summer, I think they finalized

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them in August and then came out with
their proposed rewrite of certain

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portions of their quote regulations
unquote. Uh uh I think the comment

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period on that is March 10th. And so
all of a sudden you have a, a

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changing field. One of the interesting
aspects of that's going to be is

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that ce Q regulations aren't

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uh nobody talks about it, but the CE Q
doesn't regulate anybody. And

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there's a Court of appeals, the
District Columbia case that says so

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when they were originally uh
formulated

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uh they're called guidance, and I
wrote a lot of your article about how

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the agencies were responding to the cu
guidance. Uh Apparently I was the

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only one who did, nobody seemed to
think it was important. But, um, uh

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then during the Carter administration,
they sort of migrated into the code

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of federal regulations miraculously,

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uh and it wasn't until this case was,
I think, trying to remember, I think

00:10:37.070 --> 00:10:43.177
it was decided around 1998. I forget.
Um, I've been chasing too many

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ghosts. Um,

00:10:46.658 --> 00:10:50.677
where the Court of appeals said, wait
a minute.

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CQ doesn't regulate anybody.

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You know, they're an advisory body and
the Executive Officer of the White

00:11:00.239 --> 00:11:04.476
House, you can put these things in the
code of federal regulations if you

00:11:04.509 --> 00:11:12.206
want to, but then they're not
regulations. Well,

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for one reason or another, that's

00:11:16.918 --> 00:11:20.255
not really

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got a lot of traction.

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But

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uh

00:11:27.759 --> 00:11:34.807
with this issue of climate change and
ce Q

00:11:34.840 --> 00:11:42.375
jumping into that in the context of N
A, uh it is gonna get much more.

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It's just like the old Chinese curse.
May you live in? Interesting times.

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No, this is, this is gonna be, it's
gonna be huge and, and, and people

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don't understand, you know, uh

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I'm not even sure the attorneys
involved understand how big of a watershed

00:12:05.009 --> 00:12:12.145
an issue this is. But we'll find out
uh interesting enough, the judge to

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which the case was assigned is the
former general counsel of the governor.

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We used to be a litigator at Snow and Wilmer

00:12:21.798 --> 00:12:26.467
and then after his tour at the
governor office, uh, with another firm, a

00:12:26.500 --> 00:12:33.005
national firm here, their local
office. Uh,

00:12:33.038 --> 00:12:35.356
we

00:12:35.389 --> 00:12:40.436
see what he does with it. How do you
think the issue of climate change or

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the reality of climate change? Ha,
what kind of potential does it have to

00:12:44.058 --> 00:12:47.976
affect management decisions at Glen
Canyon Dam? And on the Colorado River

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, you said, do you think it could be a
big deal in what way? Well, it

00:12:51.798 --> 00:12:57.255
depends what the judge does for the
case. You know, having filed the

00:12:57.288 --> 00:12:59.496
lawsuit,

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the uh

00:13:03.158 --> 00:13:08.967
issue about to manage that issue has
basically been taken away from the

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executive branch and given to the
judicial branch and

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the judge will examine

00:13:18.599 --> 00:13:25.875
neighbor. Uh Interestingly enough, the
draft new draft NP A quote regs

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unquote say that they can be applied
to ongoing

00:13:31.340 --> 00:13:33.616
activities.

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Well,

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and w is enough ongoing activity.

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Uh What they do to the subject of

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dealing with alternatives, dealing
with

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uh

00:13:56.330 --> 00:14:01.775
impacts like climate change. I mean,
you have to say to yourself, uh what

00:14:01.808 --> 00:14:08.505
can they do about it? You know, what
does operating

00:14:08.538 --> 00:14:12.956
reservoirs on the Colorado River have
to do with climate change? You have

00:14:12.989 --> 00:14:18.255
to react to what is happening for
whatever reason, it doesn't make any

00:14:18.288 --> 00:14:26.076
difference, what the reason is, you
have to react to the, to that. And

00:14:26.109 --> 00:14:32.927
so what do you do about it? And uh

00:14:32.960 --> 00:14:37.946
that normally would be an executive
decision underneath us in the process

00:14:37.979 --> 00:14:44.706
of giving advice to a decision maker
here, the secretary of the chair. But

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now we're in court with the same
questions being asked

00:14:49.798 --> 00:14:57.798
and come. May, we will start the
annual operating plan process um

00:14:58.690 --> 00:15:04.967
for the Colorado River again. And I'm
involved in that and this last

00:15:05.000 --> 00:15:13.000
iteration, but just got signed here
before it and signed the last July of.

00:15:14.298 --> 00:15:19.346
But uh they'll start this process
again this spring. And I've even

00:15:19.379 --> 00:15:22.145
suggested to them that instead of
waiting until May, they ought to start

00:15:22.178 --> 00:15:27.967
earlier. But it typically has three
consultations in May, July and

00:15:28.000 --> 00:15:32.576
September and they put something
together and give it to the secretary and

00:15:32.609 --> 00:15:37.726
then he approves it and that's the
operating plan for the next year for

00:15:37.759 --> 00:15:40.106
this.

00:15:40.139 --> 00:15:43.297
A op

00:15:43.330 --> 00:15:50.586
not only does not discuss climate
change, it doesn't discuss DC P. So the

00:15:50.619 --> 00:15:57.755
drought contingency plan. So I'm uh
I'm, I'm, it's going to be an

00:15:57.788 --> 00:16:04.936
interesting spring because, because uh
it's gonna be interesting to see uh

00:16:04.969 --> 00:16:11.005
what people think they have to talk
about in terms of. Well, part of it is

00:16:11.038 --> 00:16:19.038
hydrology driven and, and the report
itself uh is, is based on the August

00:16:19.109 --> 00:16:24.927
24 month study and then the January 24
month study that just came out. And

00:16:24.960 --> 00:16:29.856
then ultimately for the rest of that
calendar year, the April 20 month

00:16:29.889 --> 00:16:36.797
study, which is the end of March data
right now, the predictions

00:16:36.830 --> 00:16:44.196
uh well, where we are now is we've had
a very good fall and winter. So far.

00:16:44.229 --> 00:16:49.336
Oh, dear. Sorry about that. We were
gonna unplug that thing, were we? I

00:16:49.369 --> 00:16:52.467
forgot. Yeah,

00:16:52.500 --> 00:16:57.726
you want to pause for just a second.
It's all right. And can you answer

00:16:57.759 --> 00:17:03.936
that and get rid of whoever it is?

00:17:03.969 --> 00:17:09.506
That was a long ring. That last one?
Oh, by the way, it's, those are all,

00:17:09.539 --> 00:17:16.956
uh, solicitation, solicitation goes,
that's all right. They gave up.

00:17:16.989 --> 00:17:21.785
So, if you don't mind, can we go back
to something you said near the

00:17:21.818 --> 00:17:27.175
beginning? Uh go ahead and pause,

00:17:27.208 --> 00:17:31.766
resume recording. If you don't mind,
let's go back to something you said

00:17:31.799 --> 00:17:35.815
near the beginning of the interview,
you mentioned that you have a number

00:17:35.848 --> 00:17:40.506
of clients who are interested in
hydropower in the Columbia River Basin,

00:17:40.539 --> 00:17:44.285
Colorado River, Colorado River Basin.
Did I say Columbia? Yeah, I used to

00:17:44.318 --> 00:17:50.026
live in Washington State so it just
came out of me. Um So the Glen Canon

00:17:50.059 --> 00:17:54.756
Dam Adaptive Management Program is, is
in essence, it's a collection of

00:17:54.789 --> 00:18:00.776
stakeholders trying to solve complex
problems. And there are people who

00:18:00.809 --> 00:18:04.486
represent hydropower interests, water
supply interests, wildlife interests

00:18:04.519 --> 00:18:09.196
, recreation interests, and National
Park tribal interests. Um Could you

00:18:09.229 --> 00:18:12.315
tell us a little bit more about um if
you don't want to reveal your

00:18:12.348 --> 00:18:18.456
clients, at least what, what you
represent, what you bring to the Adaptive

00:18:18.489 --> 00:18:21.666
Management Program in terms of your
interests, what you're hoping to

00:18:21.699 --> 00:18:29.387
achieve in being involved. Well, I
represent a state association,

00:18:29.420 --> 00:18:36.847
most of whose members by power from

00:18:36.880 --> 00:18:41.357
the western area. Power administration
generated among at other places

00:18:41.390 --> 00:18:45.416
other than Glen Canyon Dam up and down
the river, but including Glen

00:18:45.449 --> 00:18:53.449
Canyon Dam and it is, and they're
primarily small uh agriculturally based

00:18:54.180 --> 00:19:02.180
or rural towns. Uh And uh is this
Creta? No, no, no, a different

00:19:03.078 --> 00:19:09.456
organization? Creta is a regional uh
association, six states. But the

00:19:09.489 --> 00:19:15.656
types of entities uh that are in crete
are the same types of entities that

00:19:15.689 --> 00:19:22.967
are in my state association, except
that most of the ones we have are, are

00:19:23.000 --> 00:19:31.000
very small and creed are, uh a number
of them are quite large. Um And

00:19:34.868 --> 00:19:39.585
I, uh I mean, our, some of our people
also get water off the Colorado

00:19:39.618 --> 00:19:43.805
River through the Central Arizona
project and some of them get water off

00:19:43.838 --> 00:19:47.696
the river because they have their own
water, right? Like the folks down in

00:19:47.729 --> 00:19:51.956
Yuma. And so

00:19:51.989 --> 00:19:55.097
we're one of the few places in the co
in the country where you sort of

00:19:55.130 --> 00:20:01.097
meet yourself coming and going that,
that you have people that are both in

00:20:01.130 --> 00:20:05.325
the Colorado River water business and
the Colorado River Power business.

00:20:05.358 --> 00:20:13.358
And so you have to be aware of the
synergism uh of decision making. Uh You

00:20:14.670 --> 00:20:18.486
, you can see that the Central Arizona
Central Valley project in

00:20:18.519 --> 00:20:20.535
California.

00:20:20.568 --> 00:20:27.857
Oh, oh, dear. Um And uh

00:20:27.890 --> 00:20:32.516
uh hit the pause button. I'm afraid
that's the, I'm going to do the same

00:20:32.549 --> 00:20:37.357
thing I did last time resuming
recording.

00:20:37.390 --> 00:20:41.416
All right. Well, we were talking about
the intersection of, of water

00:20:41.449 --> 00:20:49.449
impair issues. And uh in Arizona, we
have an almost but not quite unique

00:20:50.660 --> 00:20:58.660
situation where an awful lot of the
entities that buy power from the dams

00:20:58.680 --> 00:21:05.416
on the Colorado River also get water
uh either through their own

00:21:05.449 --> 00:21:12.406
organization or sister organizations
formed for that purpose. So, uh you

00:21:12.439 --> 00:21:20.439
have to, you have to see both sides of
every impact. Uh and it, and it

00:21:21.809 --> 00:21:27.276
unlike most of the country where most
of the West in reclamation projects

00:21:27.309 --> 00:21:32.897
where uh you have water customers here
and you have power customers over

00:21:32.930 --> 00:21:37.887
on the other side, they aren't the
same people and there is constant

00:21:37.920 --> 00:21:43.006
tension between them over who's paying
for what and who's getting what.

00:21:43.039 --> 00:21:51.039
And uh and uh it's just the nature of
the beast. So, but uh power P bills

00:21:54.239 --> 00:22:00.627
on these projects, 95% of the bills of
the Colorado Restorage project are

00:22:00.660 --> 00:22:08.496
paid by hydropower sales. And so it's
a

00:22:08.529 --> 00:22:12.436
something most people,

00:22:12.469 --> 00:22:16.065
especially if they're water or
environmental people don't want to talk

00:22:16.098 --> 00:22:24.098
about, but it is a cruel reality that
you have to keep an eye on what the

00:22:25.910 --> 00:22:29.906
hydropower costs and

00:22:29.939 --> 00:22:37.939
uh who's, you know, are there people
willing to still buy it? Uh And, and

00:22:40.568 --> 00:22:46.496
the interesting thing about that is
that, that fracking has changed the

00:22:46.529 --> 00:22:52.726
whole dynamic of power business. NA O
Generating station is not closing

00:22:52.759 --> 00:22:58.256
for environmental reasons. It's
closed, it's already closed. Uh because it

00:22:58.289 --> 00:23:03.295
was no longer economical, it was
cheaper to buy power at the Palaverde hub

00:23:03.328 --> 00:23:11.328
west of Phoenix than it was to run the
plant. And uh other forces like

00:23:12.640 --> 00:23:15.416
that, gradually

00:23:15.449 --> 00:23:22.406
wind and commercial wind and
commercial solar, uh not rooftop solar um are

00:23:22.439 --> 00:23:30.439
getting cheaper and competing with
other resources in terms of price.

00:23:31.309 --> 00:23:35.746
Their problem is that you can't
schedule them. They either happen because

00:23:35.779 --> 00:23:43.779
the sun is shining or the wind is
blowing or they don't. Uh And uh I

00:23:44.170 --> 00:23:49.857
remember driving to church one Sunday
and a cloud came over the sky and I

00:23:49.890 --> 00:23:57.890
said to Anne, my wife, a PS and SRP
are ramping up. Then the cloud went

00:23:58.559 --> 00:24:03.065
away and the sun came out again and I
said, now they're ramping down and

00:24:03.098 --> 00:24:05.456
then, you know, and it went back and
forth like that. So we got in the

00:24:05.489 --> 00:24:12.916
parking lot. But it was true. The, the
every time that cloud went between

00:24:12.949 --> 00:24:18.295
the sun and the earth, the utilities
had to change what they were doing.

00:24:18.328 --> 00:24:22.147
 They, because the electricity

00:24:22.180 --> 00:24:30.180
that would have otherwise been
generated by the, the solar arrays quit. Uh

00:24:30.358 --> 00:24:38.358
So the complexities of what we do in
the power business now are, are

00:24:39.009 --> 00:24:44.006
monumental compared to what they were
20 years ago. And sort of, you know

00:24:44.039 --> 00:24:49.486
, but when we were talking about Glen
Canyon Dam criteria

00:24:49.519 --> 00:24:53.236
uh and stuff like that and what it
meant and what it would do to your

00:24:53.269 --> 00:24:58.756
power portfolio and this that and the
other thing, you know, we're in a

00:24:58.789 --> 00:25:03.325
different world. Yeah, I imagine
you've seen a lot of changes over time

00:25:03.358 --> 00:25:07.676
over the last uh three decades or so
since the Adaptive Management Program

00:25:07.709 --> 00:25:12.877
began. Can you think back and reflect
a little bit on what kinds of

00:25:12.910 --> 00:25:17.357
relationships between the
stakeholders, the interest groups? There were in

00:25:17.390 --> 00:25:24.795
the early years, um who was, you know,
in conflict with who over what and

00:25:24.828 --> 00:25:32.828
how maybe that evolved over time as
things began to change. Well,

00:25:33.289 --> 00:25:39.026
the uh the river is driven by water,

00:25:39.059 --> 00:25:47.059
the river is driven by the 1922
compact, the A Probation compact,

00:25:47.229 --> 00:25:50.357
Arizona V California,

00:25:50.390 --> 00:25:58.390
uh and other stuff. Collectively, the
law of the river. Uh the 1930

00:26:05.699 --> 00:26:13.075
B. Can your project regulations, the
uh long-range operating criteria. Now

00:26:13.108 --> 00:26:20.526
the shortage criteria, the interim
shortage criteria, all of this stuff uh

00:26:20.559 --> 00:26:28.559
and some other lawsuits, you know, but
it's a huge collection of stuff and

00:26:28.868 --> 00:26:31.676
power

00:26:31.709 --> 00:26:35.016
to most people is incidental

00:26:35.049 --> 00:26:41.717
to all the rest of this. And they keep
saying yes, this law says in power

00:26:41.750 --> 00:26:48.897
generation incidental there too, but
the incidental there too is the

00:26:48.930 --> 00:26:56.930
checkbook and everybody has always
been able to assume that the power was

00:26:57.078 --> 00:27:04.617
cheaper than everything. It wasn't
actually uh um when the commissioner of

00:27:04.650 --> 00:27:09.026
reclamation testified in Congress
about building a Colorado storage

00:27:09.059 --> 00:27:14.516
project. He could, he said I can sell
this parrot six mills for 50 years

00:27:14.549 --> 00:27:19.117
and build everything that's in here,
the main stem reservoirs, the

00:27:19.150 --> 00:27:22.756
satellite projects, everything.

00:27:22.789 --> 00:27:29.936
Well, CoFire statements, 4.5 million.
So that's a, that's a very big

00:27:29.969 --> 00:27:34.406
difference. You know, it doesn't sound
like much when you're talking about

00:27:34.439 --> 00:27:40.627
mills, you know, percentages of a
penny. But when you multiply it by

00:27:40.660 --> 00:27:46.085
what's being generated, you're
talking,

00:27:46.118 --> 00:27:54.118
today's price is 250 million a year.
Um, and 70% of that from Glen Canyon

00:27:55.529 --> 00:28:01.897
Dam for this particular project. Um So
that, you know, the the multiplier

00:28:01.930 --> 00:28:08.916
effect is huge as long as everybody's
buying the power. And in over

00:28:08.949 --> 00:28:11.656
decades,

00:28:11.689 --> 00:28:15.835
uh it was just automatically assumed
that the cheapest buyer you could

00:28:15.868 --> 00:28:23.766
possibly get uh was federal hydro
power because that six mils being more

00:28:23.799 --> 00:28:29.147
than 4.5 mils for coal-fired steam
didn't last very long. It wasn't, the

00:28:29.180 --> 00:28:33.857
six mils changed, the 4.5 mils changed
dramatically. And so all of a

00:28:33.890 --> 00:28:40.065
sudden uh all the Cider power, the,
the stuff that was already there.

00:28:40.098 --> 00:28:46.516
Hoover and Davis and Parker Parker
Davis project look better and better

00:28:46.549 --> 00:28:51.127
and better. And uh

00:28:51.160 --> 00:28:56.795
and the Colorado of storage project
power got into a position where it

00:28:56.828 --> 00:29:04.828
looked better and better and better.
Uh Interestingly enough of those, th

00:29:05.420 --> 00:29:12.186
those are the three major hydropower
generating uh projects on the river.

00:29:12.219 --> 00:29:17.276
 And among them only Parker Davis is

00:29:17.309 --> 00:29:20.035
below market

00:29:20.068 --> 00:29:25.137
crisp and Hoover are above market. You
can buy power cheaper P Verde gov

00:29:25.170 --> 00:29:29.107
than you can buy it from the
government

00:29:29.140 --> 00:29:36.226
from Hoover Dam or Glen Canyon and the
other dams north of there. But

00:29:36.259 --> 00:29:42.246
people do it to the extent it provides
operational flexibility.

00:29:42.279 --> 00:29:50.279
Uh Way back when this decision making
process was getting started,

00:29:52.309 --> 00:29:58.835
we had a group of us in the control
center for the Canyon dam with the

00:29:58.868 --> 00:30:06.717
congressman who this was 1993 was the
ranking member of the House Energy

00:30:06.750 --> 00:30:11.706
Water Development subcomittee that,
that appropriates the money for

00:30:11.739 --> 00:30:16.217
reclamation. And whoa.

00:30:16.250 --> 00:30:20.285
And then after the 94 election, he
became the sub-committee chairman uh

00:30:20.318 --> 00:30:23.016
with the switch

00:30:23.049 --> 00:30:29.347
and it's down in the middle of the
dam. And

00:30:29.380 --> 00:30:36.795
uh right in the middle of the room
when the the reclamation was in charge

00:30:36.828 --> 00:30:42.696
of the facility, was there explaining
things to him and that sort of thing.

00:30:42.729 --> 00:30:48.906
And there's a bank of, of generators
on the side, generator controls on

00:30:48.939 --> 00:30:56.939
the side. And in the middle of the
room there is, oh jeez, I'm sorry,

00:30:58.400 --> 00:31:03.967
resuming recording well. So we were in
the control room and in the middle

00:31:04.000 --> 00:31:08.397
of the control room is a desk and on
the desk is a red phone and there is

00:31:08.430 --> 00:31:15.416
a young man sitting behind the desk
and the dam manager is explaining

00:31:15.449 --> 00:31:20.785
everything to this congressman and the
phone rings

00:31:20.818 --> 00:31:26.217
and the young man picks it up and he
listens and he puts it down and he

00:31:26.250 --> 00:31:30.397
walks over to the wall and he starts
punching a button on one of the units

00:31:30.430 --> 00:31:36.555
bringing it off spinning reserve and a
coal-fired unit in Northwestern

00:31:36.588 --> 00:31:41.867
Colorado had tripped off for some
reason and the entire system in the

00:31:41.900 --> 00:31:46.986
Colorado River Basin was out of
balance. And in the time it takes to tell

00:31:47.019 --> 00:31:54.936
this story, he had rebalanced the
entire system. Oh, that's

00:31:54.969 --> 00:32:02.276
incident hydropower to everything
else. Thank you. But if he hadn't been

00:32:02.309 --> 00:32:07.406
able to do that, the system would have
burned down electricity generates

00:32:07.439 --> 00:32:14.976
heat. That's why there are insulators.
That's why there are are uh uh

00:32:15.009 --> 00:32:22.867
circuit breakers uh like the one that
maybe fall there in my hot tub. Um

00:32:22.900 --> 00:32:28.117
And I never had to explain to the
congressman again what the value of Glen

00:32:28.150 --> 00:32:36.150
Canyon Dam and hydro power was because
it is uh it's not a black start

00:32:36.588 --> 00:32:44.588
facility. Uh That, that Hoover is, it
can fill in and go from nothing to

00:32:44.838 --> 00:32:51.526
jump into the middle of a problem. But
uh

00:32:51.559 --> 00:32:59.559
it uh it, it plays an enormously big
role in helping regulate

00:33:01.689 --> 00:33:08.006
electricity fluctuations in this whole
interconnected system because it's

00:33:08.039 --> 00:33:15.967
of its size. And uh and so while the
hydropower is quote, incidental,

00:33:16.000 --> 00:33:23.686
close quote to water and whatever, um

00:33:23.719 --> 00:33:31.535
it's not incidental. If your lights go
up uh

00:33:31.568 --> 00:33:38.315
in the summer of 2001 before 911,

00:33:38.348 --> 00:33:46.348
it was very hot and some power lines
in Eastern Idaho overloaded as they

00:33:46.979 --> 00:33:51.877
do. And when they do, they sag and
because of

00:33:51.910 --> 00:33:56.516
all these issues with regard to
deregulation and everything, one of the

00:33:56.549 --> 00:34:03.075
things that a lot of utilities cut
back on was tree training. And so these

00:34:03.108 --> 00:34:11.108
wires sagged into a cottonwood tree
arced and that pulse went to Boise and

00:34:11.309 --> 00:34:16.914
the guys of Boise Idaho couldn't react
and it went into the vulnerable

00:34:16.947 --> 00:34:23.195
power administration system where
there are no checks down the Colorado

00:34:23.228 --> 00:34:30.086
Oregon transmission project line to
northern California down to L A over

00:34:30.119 --> 00:34:34.115
here. By the time I got here,

00:34:34.148 --> 00:34:36.827
uh

00:34:36.860 --> 00:34:39.787
the uh uh

00:34:39.820 --> 00:34:46.566
bureau had ramped Glen Canyon Dam in
our lights. We get so project powers

00:34:46.599 --> 00:34:53.247
, we get power from black you down.
Our lights stayed on, go to the other

00:34:53.280 --> 00:35:00.086
side of seventh A, their lights went
out. It's a PS. Um Two weeks later,

00:35:00.119 --> 00:35:06.445
same thing happened, but the S A was
on the cotp going from Grand coolly

00:35:06.478 --> 00:35:09.307
down in Northern California.

00:35:09.340 --> 00:35:14.206
At that point, Glen Ken was

00:35:14.239 --> 00:35:19.345
100% because they were rolling
blackouts in California and there was no

00:35:19.378 --> 00:35:24.936
other, there's no other power. And so
our lights went out as well because

00:35:24.969 --> 00:35:31.756
there was nothing to throw at the
problem. But people don't understand,

00:35:31.789 --> 00:35:35.066
you know that from British Columbia to
Northern New Mexico, this is all

00:35:35.099 --> 00:35:37.126
connected

00:35:37.159 --> 00:35:43.135
and, and the problems, for instance,
they're having in California now

00:35:43.168 --> 00:35:51.168
really uh can have an impact on us. Uh
And

00:35:52.579 --> 00:35:59.017
while California turns its nose up at
resources outside the state, it

00:35:59.050 --> 00:36:05.135
doesn't when the lights go out and
they're gonna go out again this summer.

00:36:05.168 --> 00:36:13.168
Uh So we're in a, as you say, we're in
a different world and, and not one

00:36:14.679 --> 00:36:22.115
I would have chosen, but uh one I
think that bears for the reflection on

00:36:22.148 --> 00:36:26.287
how people view the hydropower

00:36:26.320 --> 00:36:32.807
uh generated a Glen Canyon dam. It has
been the whipping boy during this

00:36:32.840 --> 00:36:39.106
entire process. You know, it's bad.
The dam is bad, the hydropower is bad.

00:36:39.139 --> 00:36:42.626
 Uh And

00:36:42.659 --> 00:36:50.456
uh and I have waited a very long time
for some

00:36:50.489 --> 00:36:58.489
precipitating cause that would force
perhaps a recalculation of

00:37:00.010 --> 00:37:07.247
the, all the values of things. And
oddly enough, I think this lawsuit by

00:37:07.280 --> 00:37:15.280
the environmentalists may be that
precipitating cause because it's, uh

00:37:15.320 --> 00:37:18.506
it's gonna examine

00:37:18.539 --> 00:37:22.925
what and what he's been doing

00:37:22.958 --> 00:37:28.526
and whether it's been doing it
correctly and the environmentalists are

00:37:28.559 --> 00:37:34.905
saying, no, you haven't. This group of
environmentalists, I

00:37:34.938 --> 00:37:39.577
would love to see a poll among
environmental groups as to which of them,

00:37:39.610 --> 00:37:45.666
which of them like this idea of this
lawsuit, which of them don't, the

00:37:45.699 --> 00:37:49.365
more sophisticated ones I think
probably don't like it at all because it's

00:37:49.398 --> 00:37:54.077
, as I said, it's taking decision
making away from the executive branch

00:37:54.110 --> 00:38:01.046
and putting it in the judicial branch,
but we'll see where it goes. In the

00:38:01.079 --> 00:38:06.615
meantime, you gotta keep the lights
on.

00:38:06.648 --> 00:38:10.217
What do you think um, in the years
that you've been involved, do you think

00:38:10.250 --> 00:38:16.095
you've been able to accomplish
anything in particular in terms of keeping

00:38:16.128 --> 00:38:21.086
the importance of hydro power on the
table? Maybe making so having some

00:38:21.119 --> 00:38:26.006
influence on decisions that are made
about, you know, operation of the dam.

00:38:26.039 --> 00:38:28.247
 Oh,

00:38:28.280 --> 00:38:36.280
so uh the, when this all really got
rolling, uh a professor from a su and

00:38:39.728 --> 00:38:47.728
a couple of people took some readings
from 40 L that's a beach. Uh and

00:38:47.989 --> 00:38:55.686
said the sky is falling. We gotta have
emergency criteria and interior

00:38:55.719 --> 00:38:59.925
went along with it and I yelled and
screamed and whatnot. And then we got

00:38:59.958 --> 00:39:05.517
to the 97 criteria and some of the
more onerous things of those emergency

00:39:05.550 --> 00:39:10.816
criteria, things went away. I think, I
like to think in part because they

00:39:10.849 --> 00:39:14.057
thought I was gonna sue him. And,

00:39:14.090 --> 00:39:18.776
you know, as I said before, you know,
I mean, could you be more specific

00:39:18.809 --> 00:39:25.486
about what was in the emergency
criteria that you thought was not a good

00:39:25.519 --> 00:39:31.776
idea and how, that the restrictions
I'm glad were, were, were tighter,

00:39:31.809 --> 00:39:37.717
more severe than what we ended up with
in the 97 criteria. And the problem

00:39:37.750 --> 00:39:42.486
with the 97 criteria, for instance,
that the, uh, the, one of their, their

00:39:42.519 --> 00:39:50.519
five controls, there's uh, uh, a
minimum or maximum up ramp, down ramp and

00:39:53.719 --> 00:40:00.267
daily change. All right, there's no
scientific evidence for what they have

00:40:00.300 --> 00:40:06.896
in the way of an up criteria. The
problem is that when they looked

00:40:06.929 --> 00:40:10.267
themselves in the face and said,

00:40:10.300 --> 00:40:18.300
what do we do with this? Uh, it was
not 14,000 and the more nuanced

00:40:18.978 --> 00:40:26.287
version of that concept in the new
decision making. But they had to come

00:40:26.320 --> 00:40:31.787
up with something they couldn't bear
politically saying, well, the five

00:40:31.820 --> 00:40:35.956
criteria, we don't really need this
one. And as a practical matter, what

00:40:35.989 --> 00:40:41.006
they did was set the criteria, the
criterion for up ramping or criteria

00:40:41.039 --> 00:40:45.026
under different water flows, for
criteria for up ramping. So that it

00:40:45.059 --> 00:40:52.345
didn't make any difference. If the
daily change is 6000 to 8000, then the

00:40:52.378 --> 00:40:57.086
ramping up ramping doesn't make any
difference because you eat it in an

00:40:57.119 --> 00:41:05.119
hour or two and that's not load
following. And uh uh so it, it, it really

00:41:05.599 --> 00:41:12.595
doesn't mean anything but time. I'm, I
don't know if I live long enough,

00:41:12.628 --> 00:41:17.747
but uh I want to live to the point
where people begin to think that maybe

00:41:17.780 --> 00:41:22.615
there's a win, win situation in this,
you know, they do these artificial

00:41:22.648 --> 00:41:24.916
floods,

00:41:24.949 --> 00:41:30.017
they don't do anything. I mean, I've
been there, I've been on the river,

00:41:30.050 --> 00:41:35.425
I've had been on the river seven times
starting in the seventies. I was on

00:41:35.458 --> 00:41:39.546
the river on a private trip in 2000
when they flattened the river. And I

00:41:39.579 --> 00:41:47.579
was in the um and uh in 2008 when they
started the experimental flows, the

00:41:48.110 --> 00:41:54.695
floods which of course deeply incised
the edges of the beaches so that you

00:41:54.728 --> 00:42:00.206
could hardly get onto them until it,
it eroded. And every time they do one

00:42:00.239 --> 00:42:06.717
of those floods, the sand goes back in
the river in about six months,

00:42:06.750 --> 00:42:14.750
almost all because the flood can only
put the sand up high enough

00:42:16.059 --> 00:42:21.666
to where the water is. And therefore,

00:42:21.699 --> 00:42:28.807
as the water withdraws and it dries
out. But there is subs uh subsurface

00:42:28.840 --> 00:42:35.756
erosion. It loses its support and it
falls back into the river. And so it

00:42:35.789 --> 00:42:42.017
really is, it's not beach building. Uh
There are 100 and 10 camping

00:42:42.050 --> 00:42:47.376
beaches between Glen Canyon Dam and
Lake Mead. Virtually all of them in

00:42:47.409 --> 00:42:53.436
the lower river are as big or bigger
than they were before Glen Canyon Dam

00:42:53.469 --> 00:43:01.469
was built. Uh There's a park service,
photographic study that uh uh was

00:43:02.500 --> 00:43:10.500
done to mimic one that was uh p did uh
under contract to try to map a

00:43:11.750 --> 00:43:19.115
railroad to the river along the river
and they did it on the each spot was

00:43:19.148 --> 00:43:25.267
the very same day, very time, same
time of day and everything and the,

00:43:25.300 --> 00:43:33.300
the amount of area of the river that
is exactly the same is striking and

00:43:34.438 --> 00:43:38.006
nobody wants to talk about it. The
park service in Tucson has this

00:43:38.039 --> 00:43:46.039
photographic study comparison 100
years to the day of each of those two.

00:43:46.369 --> 00:43:54.369
And the real problem is Marble Canyon.
It's,

00:43:55.148 --> 00:43:57.345
yeah.

00:43:57.378 --> 00:44:04.247
Um maybe 75% narrow uh configuration.

00:44:04.280 --> 00:44:12.280
It's configured to channel the normal
westerly flow of winds. I know I've

00:44:13.519 --> 00:44:20.106
gotten a nasty sunburn from sand
blowing in my face in Marble Canyon and

00:44:20.139 --> 00:44:28.139
lost a nice hat that said cords on it.
To the river and my pillow because

00:44:28.378 --> 00:44:34.517
it, you know, it, it, that wind can
get pretty fierce in that narrow. But

00:44:34.550 --> 00:44:39.557
even out of the old criteria, 31 and
31,503

00:44:39.590 --> 00:44:45.095
in the summer and one in the winter
before the 97 criteria

00:44:45.128 --> 00:44:51.066
in the narrowest reach of, of Marble
Canyon, the change in water level was

00:44:51.099 --> 00:44:59.099
10 ft. That's all. And you can tell
and you can tell pre damn, uh, there'd

00:45:00.349 --> 00:45:08.349
be scouring floods up to 300,000 cfs
and some at 100. And you can go down

00:45:08.478 --> 00:45:13.376
there and you can see the striations
of vegetation where those lines are

00:45:13.409 --> 00:45:20.345
and, uh, you'll see trees above
300,000, you'll see some shrubs down and

00:45:20.378 --> 00:45:27.195
then you'll go down below. But, uh,
and you get down into where we are now

00:45:27.228 --> 00:45:32.747
and the maximum fluctuation is 3 ft
instead of 10 ft and then from 3 to 10

00:45:32.780 --> 00:45:40.655
, there are grasses and, uh, uh, salt
cedar, uh, until the bugs get them.

00:45:40.688 --> 00:45:45.876
Uh, and, uh, uh,

00:45:45.909 --> 00:45:49.747
and that's where the problem is that
the real problem? And it's an

00:45:49.780 --> 00:45:57.780
engineering problem, uh, in my view,
instead of trying to, you know,

00:45:59.699 --> 00:46:05.057
Einstein's definition of insanity was
repeating the same thing over and

00:46:05.090 --> 00:46:09.135
over again and expecting a different
result. Well, they've been doing this

00:46:09.168 --> 00:46:15.077
, you know, these artificial floods,
expecting a different result. The

00:46:15.110 --> 00:46:20.486
ones they do in the spring excite the
rainbow trout. They reproduce more

00:46:20.519 --> 00:46:27.896
they then outcompete or they compete
with and eat a back job. Uh, I mean,

00:46:27.929 --> 00:46:33.456
the, the, the studies are there,
they've been done it. It's the fatal flaw

00:46:33.489 --> 00:46:41.489
of the spring. HFE, the Fhfes screw
other things up. Uh, and you, you

00:46:44.628 --> 00:46:49.445
could go down there with some civil
engineers and a survey crew. I used to

00:46:49.478 --> 00:46:57.276
work on a survey crew in high school
where the transit in a level and

00:46:57.309 --> 00:47:01.615
stake out the 40,000 CFS line.

00:47:01.648 --> 00:47:07.175
The Bureau of Reclamation's got
dredges on the lower Colorado river. They

00:47:07.208 --> 00:47:13.997
go through the National Wildlife rages
blowing sand out of the river at

00:47:14.030 --> 00:47:20.095
the request of the fish and wildlife
service to keep the channels open. Uh

00:47:20.128 --> 00:47:26.296
And it works and you can break them
down, put them on trucks, drive them

00:47:26.329 --> 00:47:33.425
through the tunnel, uh Put them on
pontoon boats, reassemble them. You're

00:47:33.458 --> 00:47:41.458
down to where you need to purchase
sand when the sand is accumulated and

00:47:43.378 --> 00:47:51.378
put it together again. You put the,
the son are bell in the water and give

00:47:52.599 --> 00:47:59.327
it a beep and scare the fish away. You
shoot the sand up to the grade

00:47:59.360 --> 00:48:04.247
stakes. Um

00:48:04.280 --> 00:48:11.486
The, you know, you break everything
down, pull the shutter belt out, go up

00:48:11.519 --> 00:48:17.557
, pick up great steaks, float down the
river. And the only people who know

00:48:17.590 --> 00:48:22.195
that you were even there are the river
runners and you'll have a beach

00:48:22.228 --> 00:48:25.557
that will be there 100 years,

00:48:25.590 --> 00:48:28.787
which is, you know, I mean that that's
fine. What you're doing is

00:48:28.820 --> 00:48:36.595
promoting a, a business, commercial
river running. And, uh, uh, uh, I mean

00:48:36.628 --> 00:48:42.166
, the, the small group of people who
do private trips

00:48:42.199 --> 00:48:46.836
get along with whatever there is but
the co, you have to have a comfort

00:48:46.869 --> 00:48:54.385
zone for commercial overrun and you
have to have beaches that are nice and

00:48:54.418 --> 00:49:00.635
you can do that and it wouldn't do
anything for the backwaters. But our

00:49:00.668 --> 00:49:04.006
back job don't use the backwaters
anyway. And besides, they freeze over in

00:49:04.039 --> 00:49:07.986
the fall. And when they're not frozen
over the water, birds eat the fish

00:49:08.019 --> 00:49:14.916
that are there because it's shallow. I
mean, this stuff is in the record.

00:49:14.949 --> 00:49:22.949
Uh Can you explain briefly um why
hydropower interests are

00:49:25.510 --> 00:49:31.287
not enamored with the idea of the high
flow events? Why, why would you not

00:49:31.320 --> 00:49:36.586
want the high flow events to continue?
Is that because the water doesn't

00:49:36.619 --> 00:49:41.405
go through the turbine and generate
electricity when there's an HFE? Ok.

00:49:41.438 --> 00:49:48.146
It costs them money. It cost their
customers money. And

00:49:48.179 --> 00:49:52.717
if they work, that would be one thing.
But when the sand falls back in the

00:49:52.750 --> 00:49:56.517
river and the other aspect of it is it
does fall back in the river, then

00:49:56.550 --> 00:50:00.655
they do another one. Guess where that
sand goes. It goes to the Lake Mead

00:50:00.688 --> 00:50:05.195
before they started. This is a little
bit of sand up at the head of Lake

00:50:05.228 --> 00:50:09.186
Mead. Now there's a huge

00:50:09.219 --> 00:50:17.219
sandbar up there quixotically full of
salt, cedar and Southwester will

00:50:20.469 --> 00:50:27.506
flycatcher, which isn't playing the
game fairly and his nesting in salt

00:50:27.539 --> 00:50:35.539
cedar, uh which is not the script it's
supposed to follow. And, and so you

00:50:36.510 --> 00:50:44.106
have this, this tension now over uh
the whole thing, but the, this that

00:50:44.139 --> 00:50:52.139
great big sandbar didn't exist before.
We're pulsing sand down toward Lake

00:50:53.519 --> 00:50:59.557
Mead. We're shortening the life of
Lake Mead, its ability to store water

00:50:59.590 --> 00:51:06.396
without being dredged, which is wow.
And then dredging a reservoir is an

00:51:06.429 --> 00:51:11.557
environmental nightmare because of
heavy metals and everything else that

00:51:11.590 --> 00:51:18.586
settles in the bottom of reservoirs.
It's the nature of the beast. And uh

00:51:18.619 --> 00:51:22.017
and you can't very well sluice that
stuff downstream without sluicing all

00:51:22.050 --> 00:51:30.050
of those uh uh polus downstream. Uh
And uh so uh to me, uh we, we, we

00:51:37.119 --> 00:51:42.635
could get a win, win out of this,
that's there.

00:51:42.668 --> 00:51:50.668
But it would, it would need for people
to alter and mindset and we've had

00:51:51.369 --> 00:51:56.606
this mindset go through what, how many
generations, I mean, think of the

00:51:56.639 --> 00:52:00.787
people who started working on this in
the Glen Cannon environmental

00:52:00.820 --> 00:52:03.456
studies.

00:52:03.489 --> 00:52:07.135
And

00:52:07.168 --> 00:52:15.168
that's what, 4050 years, 29 years ago,
1992 all the environmental studies

00:52:16.010 --> 00:52:20.327
began in the early 19 eighties and
discussions about the problems

00:52:20.360 --> 00:52:24.767
associated with the d even before
that. Yeah. So, I mean, really, you're

00:52:24.800 --> 00:52:30.856
talking about three decades. So you
get people who have uh literally

00:52:30.889 --> 00:52:33.606
graduated college,

00:52:33.639 --> 00:52:37.135
had a career and a retired.

00:52:37.168 --> 00:52:39.497
Uh

00:52:39.530 --> 00:52:46.776
And you have young people coming along
and I find myself dealing with

00:52:46.809 --> 00:52:54.809
people's grandchildren. Uh, and I
start saying, well, you know, in 1970

00:52:55.449 --> 00:53:03.449
and they look at me, uh, or, or, or
not even that far back. But, but, uh,

00:53:04.239 --> 00:53:08.526
uh, what's the change of mind frame
that you said is needed in order to

00:53:08.559 --> 00:53:16.559
get a win, win situation? People have
to accept the fact that you have to

00:53:17.010 --> 00:53:20.936
do something mechanical

00:53:20.969 --> 00:53:25.345
in the Grand Canyon. Now,

00:53:25.378 --> 00:53:28.925
that's two lives

00:53:28.958 --> 00:53:33.227
coupled together. First of all, you
don't need to do it in the Grand

00:53:33.260 --> 00:53:38.537
Canyon, you do it in Marble Canyon.
And second, this isn't the only

00:53:38.570 --> 00:53:43.776
mechanical thing that's done. Uh

00:53:43.809 --> 00:53:46.666
In spite of what people from primarily
the park service and the

00:53:46.699 --> 00:53:53.236
environmental community will say, uh
in the quote Grand Canyon, the

00:53:53.269 --> 00:54:00.206
general term usually used for
everything from Glen Canyon Dam to Lake Mead.

00:54:00.239 --> 00:54:07.267
Um If I mean, they put helicopters
down there when they need to both for

00:54:07.300 --> 00:54:15.300
rescue and for whatever other t they
do, uh uh a kind of harvesting of

00:54:17.789 --> 00:54:22.666
exotic fish. Um

00:54:22.699 --> 00:54:30.699
They, uh there is a mound of sand at
the toe of Glen Canyon Dam which is

00:54:30.869 --> 00:54:36.037
causing back pressure on its operation

00:54:36.070 --> 00:54:41.006
and they are actively considering
having to dredge

00:54:41.039 --> 00:54:45.717
that out of there, which means they'd
have to get one of those dredges.

00:54:45.750 --> 00:54:49.905
I'm talking about that. The bureau has
break it down, put it on the trucks

00:54:49.938 --> 00:54:57.756
, take it through the tunnel, put it
on. Um uh, you know, uh, uh,

00:54:57.789 --> 00:55:04.256
reassemble it or put it on now, they
probably have to put it on the, on

00:55:04.289 --> 00:55:09.356
the, on the boats and then re, and
drive up a little bit to reassemble it

00:55:09.389 --> 00:55:17.389
and then use it to, to try to sluice
that, that sand mounted away. I've

00:55:19.300 --> 00:55:27.300
been there. I fished it. Uh, and it's
a, it's a significant operational

00:55:27.530 --> 00:55:32.236
issue. Uh, it's mechanical.

00:55:32.269 --> 00:55:39.115
The stuff they do about exotic fish is
mechanical. Uh,

00:55:39.148 --> 00:55:46.227
we could do the sand preservation for
commercial

00:55:46.260 --> 00:55:50.896
river running in Marble Canyon where
it's the only place where it would

00:55:50.929 --> 00:55:54.416
really be helpful.

00:55:54.449 --> 00:56:01.635
One trip, we get that sand perched
above a 40,000 CFS line, which should

00:56:01.668 --> 00:56:09.668
be in the very narrowest part of the
canyon. 10 ft

00:56:10.889 --> 00:56:16.675
float everything down the river, come
back in 100 years.

00:56:16.708 --> 00:56:20.436
The, the only thing you could be
fixing at that point is wind erosion and

00:56:20.469 --> 00:56:28.469
, uh, uh, and it would work but people
go nuts when you say things like

00:56:29.119 --> 00:56:33.486
that to them because it's the Grand
Canyon. It's a wilderness. Well, it's

00:56:33.519 --> 00:56:36.365
not a wilderness.

00:56:36.398 --> 00:56:38.385
Um,

00:56:38.418 --> 00:56:44.436
and yet if you did that, you wouldn't
have to do the artificial floods.

00:56:44.469 --> 00:56:49.365
They, you wouldn't be worried about
their adverse impacts on the

00:56:49.398 --> 00:56:55.967
endangered Humpback chub. And then
you, uh,

00:56:56.000 --> 00:57:00.865
I don't know about bug flows in the
fall. Uh, that's a new recent

00:57:00.898 --> 00:57:07.467
phenomenon. Uh, you know, they plant
rainbow trout from time to time. You

00:57:07.500 --> 00:57:11.896
know, the ferry fishery I don't know
why they can't plant bugs instead of

00:57:11.929 --> 00:57:19.929
flattening the river on the weekends.
Uh, it's not as economically

00:57:20.539 --> 00:57:25.186
consequential as doing things during
the week, but it is more

00:57:25.219 --> 00:57:30.615
consequential in the summer when in
pair is needed. But, and, and it

00:57:30.648 --> 00:57:33.856
seemed to me that if you can raise
fish and put them in the river, you can

00:57:33.889 --> 00:57:38.267
raise bugs and put them in the river
and it's awful lot cheaper than not

00:57:38.300 --> 00:57:43.486
generating electricity. But, but you
gotta have the mindset to say, let's

00:57:43.519 --> 00:57:48.905
let's think outside the box. Let's
see. Can we have our cake and eat it

00:57:48.938 --> 00:57:55.827
too? Can we take this hydropower
resource back toward what it was designed

00:57:55.860 --> 00:58:03.860
to be because of the benefits that can
generate for just this load

00:58:04.699 --> 00:58:10.195
following for supporting wind and
solar, getting people off of carbon

00:58:10.228 --> 00:58:12.227
resources.

00:58:12.260 --> 00:58:20.135
Can can, can we think about this
hydropower facility is very important to

00:58:20.168 --> 00:58:24.186
other policy issues that have now
arisen and people are beginning to

00:58:24.219 --> 00:58:32.219
coalesce around that, that we need to
have a more carbon free environment.

00:58:32.550 --> 00:58:36.767
And there is a role for hydropower to
play in that existing hydropower

00:58:36.800 --> 00:58:41.885
primarily because most of the big dams
that will ever be built in western

00:58:41.918 --> 00:58:47.206
United States have been built. Uh And
that's just the way, that's the way

00:58:47.239 --> 00:58:50.756
life is uh

00:58:50.789 --> 00:58:56.175
in part because you know, there aren't
that many more dam sites worth

00:58:56.208 --> 00:58:58.666
considering.

00:58:58.699 --> 00:59:04.095
But until people think, you know,

00:59:04.128 --> 00:59:12.128
improving hydro Peric Glen Canyon dam
is worth trying. Can we marry

00:59:14.030 --> 00:59:18.865
mitigating downstream impacts and
innovation

00:59:18.898 --> 00:59:25.206
with that and see if we can make it
work, can we? I don't know, I, I mean

00:59:25.239 --> 00:59:33.239
, I think you can, I think there are,
are, are available solutions. I, I

00:59:33.780 --> 00:59:38.925
don't think it's rocket science. I
think their current applications of

00:59:38.958 --> 00:59:46.958
engineering and in, in biology that
can be applied. I think that power

00:59:47.628 --> 00:59:53.436
customers, for instance, uh

00:59:53.469 --> 01:00:01.469
who, who fund, which fund so much of
this if they were not losing $5

01:00:02.668 --> 01:00:10.668
million a day. And Hyder Barlo, I'd be
very happy to spend $500,000 bugs.

01:00:11.239 --> 01:00:17.497
You know, I, I mean, it's economics.
Uh but I, but you have to have the

01:00:17.530 --> 01:00:25.530
mindset that looks at the whole
picture and says g is there a way we can

01:00:27.239 --> 01:00:31.497
do this for everybody? It's the way,
you know, instead of fighting with

01:00:31.530 --> 01:00:38.086
each other instead of bad mouthing
each other. Is, is there a path forward

01:00:38.119 --> 01:00:46.119
on this, that, that where everybody
went? Uh And, and

01:00:48.648 --> 01:00:55.175
yeah, I don't know if that's possible.
Yeah. Well, that's, that is exactly

01:00:55.208 --> 01:00:58.675
the purpose of uh adaptive management
program. It's kind of an

01:00:58.708 --> 01:01:03.756
experimental effort to bring all the
stakeholders together to see if you

01:01:03.789 --> 01:01:09.195
can find collaboratively agree on, on
as many win wins as possible. It's

01:01:09.228 --> 01:01:14.675
experimental and it's an alternative,
the normal way of making decisions.

01:01:14.708 --> 01:01:18.986
I wonder. And, you know, we can kind
of wrap up this interview with this,

01:01:19.019 --> 01:01:25.756
I wonder Um If you think that adaptive
management as an alternative way of

01:01:25.789 --> 01:01:31.655
making decisions about resources is
kind of a successful experiment or

01:01:31.688 --> 01:01:36.486
more of a muddle that hasn't really
accomplished what it sought out to

01:01:36.519 --> 01:01:39.537
accomplish. What are your feelings
about adaptive management? And what

01:01:39.570 --> 01:01:43.606
particular, let me ask you this
question, what does it accomplish?

01:01:43.639 --> 01:01:47.865
That's why I'm interviewing experts
like you, uh some people think a lot

01:01:47.898 --> 01:01:52.236
has been accomplished, other people
feel frustrated. I'm wondering what

01:01:52.269 --> 01:01:55.186
you feel about it.

01:01:55.219 --> 01:02:01.095
You know, democracy is messy, of
course, and slow and frustrating

01:02:01.128 --> 01:02:06.416
sometimes better than everything else.
Exactly. But, well, let's put it

01:02:06.449 --> 01:02:11.905
this way. Uh, under the old regime, we
didn't have green sunfish, uh,

01:02:11.938 --> 01:02:16.595
under the old regime while the fish
and wildlife service had wrote on the

01:02:16.628 --> 01:02:24.077
river and created the endangered fish
problem, uh,

01:02:24.110 --> 01:02:30.876
and put brown trout, german, brown
trout. They're from Germany because

01:02:30.909 --> 01:02:36.807
they are hard to catch. They fight
like hell. Uh, and they mostly camped

01:02:36.840 --> 01:02:40.666
out in Bright Angel Creek and in the
river right around there. Now they're

01:02:40.699 --> 01:02:46.537
migrating up and the people who make a
living off the leaf fry fishery

01:02:46.570 --> 01:02:50.486
with the, uh, rainbows,

01:02:50.519 --> 01:02:57.416
uh, are very unhappy. Uh, I mean, just
like they were when the, when the

01:02:57.449 --> 01:03:05.385
game fish department put cat loops,
it's a type of rainbow trap

01:03:05.418 --> 01:03:10.666
strain in there and nobody could
catch. And so they put Bel Airs in there

01:03:10.699 --> 01:03:17.267
and they're really stupid. And, uh,
yeah, and a biologist friend of mine

01:03:17.300 --> 01:03:19.845
said that they should have put it in
Rocky Mountain. It's a different

01:03:19.878 --> 01:03:24.986
strain. But the point is it's a fish
that's native to the west slopes of

01:03:25.019 --> 01:03:32.517
the, uh, uh, Sierra Nevadas, Northern
California and southern Oregon. And

01:03:32.550 --> 01:03:36.997
it's not native here. We have two
native trout. Neither of them were in

01:03:37.030 --> 01:03:42.686
the Colorado River. It was a warm
water river. They're in the, uh, uh,

01:03:42.719 --> 01:03:45.836
blew the San Francisco

01:03:45.869 --> 01:03:53.416
in the little Colorado, the Apache and
the hela. Uh, and, uh, they're not

01:03:53.449 --> 01:04:01.449
very bright either. Uh, they're much
easier to catch. But, uh, the, um,

01:04:04.019 --> 01:04:10.247
the, the, the problem is that, that we
just

01:04:10.280 --> 01:04:13.736
look at this and say, all right. Now,
now we've got, we've got Humpback

01:04:13.769 --> 01:04:20.425
chub populations in some of the side
streets. The original target for

01:04:20.458 --> 01:04:25.135
delisting comeback job was 3000,

01:04:25.168 --> 01:04:32.497
uh, reproducing adults. We're at nine

01:04:32.530 --> 01:04:38.477
fish and Wildlife Service is
struggling with itself over down listing.

01:04:38.510 --> 01:04:40.807
This population

01:04:40.840 --> 01:04:47.986
too threatened, not de listing down
listing, uh, because

01:04:48.019 --> 01:04:54.945
it's the Grand Canyon. It's politics
and the politics is, is interfering

01:04:54.978 --> 01:04:59.977
with. Well, it should have been a
science call

01:05:00.010 --> 01:05:04.526
15 years ago. Um,

01:05:04.559 --> 01:05:09.017
and, and eventually maybe we'll get
there. I don't know if this lawsuit is

01:05:09.050 --> 01:05:14.827
gonna screw that up or not. But, uh,

01:05:14.860 --> 01:05:22.767
we, uh, we have environmental
problems. Now. We didn't have, I caught

01:05:22.800 --> 01:05:29.666
striped bass at the mouth of Havasu
Creek on one of our trips with the

01:05:29.699 --> 01:05:37.699
Bureau of reclamation. As did a Bureau
of reclamation guy. And Dave Wagner.

01:05:37.769 --> 01:05:45.486
What happened? Oh, I'm sorry, I
unplugged it. But go ahead. Resuming

01:05:45.519 --> 01:05:50.845
recording. Well, you know,

01:05:50.878 --> 01:05:56.655
David, I work nemesis. Uh,

01:05:56.688 --> 01:06:03.526
and, uh, Nemesis, you said, yes,

01:06:03.559 --> 01:06:09.057
he had his own idea about how he was
doing things and I wasn't

01:06:09.090 --> 01:06:13.747
particularly fond of the direction he
was taking things. But, and there's

01:06:13.780 --> 01:06:19.146
, uh, you can come back for another
four hours and we'll talk about my

01:06:19.179 --> 01:06:24.155
relationship with David, but I still
see him from time to time and we

01:06:24.188 --> 01:06:29.606
commiserate. I used to see him when he
went

01:06:29.639 --> 01:06:34.727
up on the hill in the minority staff
for the Transportation subcomittee.

01:06:34.760 --> 01:06:40.477
And my daughter's or middle daughter
who called was Chief counsel of the

01:06:40.510 --> 01:06:43.675
crime terrorism and Homeland Security
subcomittee. And her office was

01:06:43.708 --> 01:06:48.666
right across the hall and then there
was another sub-committee right next

01:06:48.699 --> 01:06:53.077
to her. So I could go into the
basement of the red room building and get a

01:06:53.110 --> 01:07:00.626
three for uh uh but, um, uh,

01:07:00.659 --> 01:07:08.659
no. Um, to me, I mean, what David, let
us, what we did is he made us clean

01:07:08.989 --> 01:07:14.747
the fish bag, the trails, put them on
ice

01:07:14.780 --> 01:07:18.586
with a striped bass snack

01:07:18.619 --> 01:07:26.227
before dinner. Uh, and that stuff went
back uh to have the scientist poke

01:07:26.260 --> 01:07:31.537
around and see what they were reading.
But if those fish had portaged lava

01:07:31.570 --> 01:07:34.736
,

01:07:34.769 --> 01:07:42.769
I mean, think about it. Um, and, and
striped bass are, and then abnormous

01:07:43.750 --> 01:07:46.365
fish

01:07:46.398 --> 01:07:48.666
uh

01:07:48.699 --> 01:07:56.699
native to the Atlantic Ocean and among
other places, rivers uh that flow

01:07:57.119 --> 01:08:03.717
into the Atlantic Ocean from the
United States and uh were brought to the

01:08:03.750 --> 01:08:11.750
West because they're great sports
fish.

01:08:11.840 --> 01:08:17.817
I caught a £60.01 in San Francisco Bay
when I was eight. Actually, it

01:08:17.850 --> 01:08:25.135
caught me and my father and the boat
captain got a board and they had to

01:08:25.168 --> 01:08:29.717
whack the thing and kill it before we
get a board for fear, it would bite

01:08:29.750 --> 01:08:35.226
somebody's leg off and then

01:08:35.259 --> 01:08:40.246
to get back to officers quarters. Uh
My father was briefly stationed in

01:08:40.279 --> 01:08:44.527
the initial arsenal. Um,

01:08:44.560 --> 01:08:49.357
took great big chunks of the filet,
threw it in the bathtub, poured ice

01:08:49.390 --> 01:08:53.326
over, it, took the head, put it out
the empty lot next door that had a

01:08:53.359 --> 01:08:57.916
post on it. The bees took care of
that. They went around trying to give

01:08:57.949 --> 01:09:04.675
fish away but strike bass are a
wonderful fighting fish and wonderful

01:09:04.708 --> 01:09:09.526
sports fish and wonderful eating fish.

01:09:09.559 --> 01:09:14.885
But they are the freshwater sharks of
the United States and they're in

01:09:14.918 --> 01:09:20.987
Lake Mead and they're in Lake Powell
for that very reason. And if you

01:09:21.020 --> 01:09:24.156
create a climate

01:09:24.189 --> 01:09:29.776
uh between Blake Canyon Dam and Lake
Mead for them, there won't be any

01:09:29.809 --> 01:09:35.755
more her picture or rainbow trap or
even Brown trap because they will

01:09:35.788 --> 01:09:39.014
dominate everything. It's, they're
like golden, the golden eagles. I mean

01:09:39.047 --> 01:09:45.406
, everybody says, oh, the bald eagle,
bald eagle. Uh The only reason of

01:09:45.439 --> 01:09:49.925
the golden eagle is not the symbol of
the United States is, it was the

01:09:49.958 --> 01:09:56.406
symbol of Germany before then when
they were trying to decide. But I, the

01:09:56.439 --> 01:10:02.397
, the golden eagle dominates the vault
and I have a net whet creek seat

01:10:02.430 --> 01:10:05.055
which is,

01:10:05.088 --> 01:10:10.796
oh, middle Granite Gorge coming in
from the north side and it's a spawning

01:10:10.829 --> 01:10:17.515
area for rainbow trout. And I have
seen bald eagles sitting standing

01:10:17.548 --> 01:10:21.076
alongside the creek fishing

01:10:21.109 --> 01:10:26.456
and the golden eagle come down in the
bald eagle sleeve.

01:10:26.489 --> 01:10:29.687
And of course,

01:10:29.720 --> 01:10:35.925
the Grand Canyon was never natural
habitat for eagles of any kind, uh,

01:10:35.958 --> 01:10:43.958
until they introduced the rainbow
trout. Uh, but, uh, but it's, that's how

01:10:44.838 --> 01:10:49.506
big a threat, uh,

01:10:49.539 --> 01:10:57.539
striped Nasar to that ecosystem. Uh,
there are, uh, well,

01:10:57.750 --> 01:11:04.156
nobody can explain how the green
sunfish got. The lady of the local Glen

01:11:04.189 --> 01:11:09.397
Canyon Dam. They have tried to poison
it out. They've done this, done that.

01:11:09.430 --> 01:11:16.876
It, it, they haven't fixed the, uh,
uh, they have figured out why

01:11:16.909 --> 01:11:23.595
the german brown trout are migrating
north up the river. And, uh, they got

01:11:23.628 --> 01:11:31.628
another fish problem up in Cataract
Canyon, uh, the, uh,

01:11:33.009 --> 01:11:35.527
Asian Carp

01:11:35.560 --> 01:11:42.317
and it's a breeding population. My
biologists that I use, tell me it's

01:11:42.350 --> 01:11:50.350
only a matter of time before they get
down below the dam. They, uh, live a

01:11:50.859 --> 01:11:58.196
very long time. They eat everything. I
mean, they moss and whatnot,

01:11:58.229 --> 01:12:00.437
plankton

01:12:00.470 --> 01:12:07.916
and fish. Uh, they're used in the
suburb project system and the triploid

01:12:07.949 --> 01:12:13.027
are used in the suburb project system
in every lake on every golf course

01:12:13.060 --> 01:12:20.656
here. And we uh we were using diploids
here and some of them started

01:12:20.689 --> 01:12:26.135
breeding and they were being purchased
from hatcheries in Arkansas and

01:12:26.168 --> 01:12:33.425
passed a law that I got involved in uh
to require triple H and I had to go

01:12:33.458 --> 01:12:41.458
drain uh everything to get rid of
these fish. And

01:12:43.128 --> 01:12:47.826
in the part of the Arizona canal that
runs through sunny slope, we had all

01:12:47.859 --> 01:12:52.996
these Vietnamese come in and settle up
there and they were draining this

01:12:53.029 --> 01:12:56.796
and trying to capture these fish. And
every time the SRP guys turned

01:12:56.829 --> 01:13:01.666
around, they go down and steal the
fish. I mean, it's Asian car Mekong

01:13:01.699 --> 01:13:08.467
river. Hello. Uh it was, it was
dinner. They couldn't believe it. And uh

01:13:08.500 --> 01:13:16.500
but now we have tripods and uh and
they work and that's fine but not cat

01:13:17.708 --> 01:13:22.746
how they got in cataract Canyon. God
only knows that they're there and we

01:13:22.779 --> 01:13:28.326
have all these threats. Now, these are
warm water species.

01:13:28.359 --> 01:13:32.956
The water comes out of the dam at what
5052

01:13:32.989 --> 01:13:40.476
uh when they flattened the river in
2000, we bathed in the river

01:13:40.509 --> 01:13:45.546
while camp at a beach in Middle Grata
Gorge. It was that warm. That's not

01:13:45.579 --> 01:13:49.866
good. We, you can't have it. You can't
flatten the river. And yet some

01:13:49.899 --> 01:13:57.899
people think flattening the river is,
in fact uh the solution, but it

01:13:58.279 --> 01:14:03.967
can't be because if you warm that
river, nature is going to create a

01:14:04.000 --> 01:14:09.976
habitat that these other species will
want to occupy. It's a basic

01:14:10.009 --> 01:14:16.326
principle of biology as I'm sure
you're aware that a species will occupy

01:14:16.359 --> 01:14:24.359
whatever habitat it can, it's suitable
for it. And, uh, and, and, and, and

01:14:25.869 --> 01:14:30.857
so we, you know, I mean, ever since
this whole thing started every time we

01:14:30.890 --> 01:14:33.756
fiddled with something,

01:14:33.789 --> 01:14:39.746
there's the law of unintended
consequences has reared its ugly head. Salt

01:14:39.779 --> 01:14:44.576
Cedar. When we first started floating
the river in the seventies private

01:14:44.609 --> 01:14:52.609
trips, there was her Lady Salt Cedar
Italy ferry. Um And, and now there's

01:14:53.890 --> 01:14:56.536
this huge busky.

01:14:56.569 --> 01:14:58.616
Uh

01:14:58.649 --> 01:15:04.036
so they get this bill and then put it
on the salt cedar and the Virgin

01:15:04.069 --> 01:15:09.376
River and it does its job and they
thought, all right, it'll eat its way

01:15:09.409 --> 01:15:16.246
down the Virgin River and die and just
go away and be nice. So now it's

01:15:16.279 --> 01:15:21.906
gradually working its way up to
Colorado, but the Southwester Little

01:15:21.939 --> 01:15:26.446
flycatcher is nesting. You know, it's
not playing the, the script, you

01:15:26.479 --> 01:15:30.805
know, with the script properly and
it's nesting in the salt sea. It's

01:15:30.838 --> 01:15:38.838
adapting. Uh And that is now created,
you know, yet another problem and

01:15:40.159 --> 01:15:42.897
all of this fiddling

01:15:42.930 --> 01:15:49.706
uh head heads to me,

01:15:49.739 --> 01:15:53.277
put in question this

01:15:53.310 --> 01:15:58.897
the way people think in this adaptive
management work group, everybody has

01:15:58.930 --> 01:16:05.467
their own agenda, everybody's pushing
their own aspect of things and their

01:16:05.500 --> 01:16:10.067
own personal belief and

01:16:10.100 --> 01:16:14.586
nobody's looking at an overall
picture. I mean, we've been think how many

01:16:14.619 --> 01:16:19.416
decades we've been at this and we
don't have a solution. This is what you

01:16:19.449 --> 01:16:23.746
said, it's an experimental program.
When does the experiment end? When do

01:16:23.779 --> 01:16:29.265
you get solutions? When can you say uh
ha we have been conducting

01:16:29.298 --> 01:16:36.156
experiments here for 40 years and we
now have solutions. This is what we

01:16:36.189 --> 01:16:40.147
ought to do. We're not anywhere near
there. You can't even get the people

01:16:40.180 --> 01:16:43.196
who go to the meetings to agree

01:16:43.229 --> 01:16:49.845
on, on a particular strategy other
than doing the next study and, and, and

01:16:49.878 --> 01:16:57.878
, and, you know, uh that's what
scientists like to do. God love them. But

01:16:58.159 --> 01:17:02.027
uh if we're gonna,

01:17:02.060 --> 01:17:05.237
if we're gonna get somewhere,

01:17:05.270 --> 01:17:13.270
somebody's got to take control of this
situation and shape it toward some

01:17:14.838 --> 01:17:22.217
realistic future to me. And that's
what's missing it. It, it, it, it, it,

01:17:22.250 --> 01:17:26.027
there's no,

01:17:26.060 --> 01:17:34.060
there's no control here. It just, it's
amorphous and, and uh everybody's

01:17:35.100 --> 01:17:38.357
study is fine. I mean, who's gonna
criticize somebody else's study?

01:17:38.390 --> 01:17:43.036
Because then if you do that, then when
you do your study, they'll

01:17:43.069 --> 01:17:47.845
criticize yours. It's one of the
problems you have with peer review is you

01:17:47.878 --> 01:17:52.116
got to be very careful about what you
say about somebody else's work. You

01:17:52.149 --> 01:17:56.555
know, one of the things lawyers don't
have to put up with, you know, we

01:17:56.588 --> 01:18:04.246
don't expect other lawyers to
compliment us on our work nor do should they

01:18:04.279 --> 01:18:08.885
expect us to compliment them? And, you
know, if you can't stand the heat,

01:18:08.918 --> 01:18:14.206
get out of the kitchen. Uh, the, the
being a lawyer is a, is a, is a

01:18:14.239 --> 01:18:22.086
process of, of confrontation. And, but

01:18:22.119 --> 01:18:27.296
to me, the whole thing just

01:18:27.329 --> 01:18:32.647
isn't pointed toward a result. Nobody
said, ok, you've got five more years

01:18:32.680 --> 01:18:37.476
and then you're done or you've got to
do this or you've got to do that.

01:18:37.509 --> 01:18:40.277
It's all. Well, we have this next
study we're gonna do and everybody says

01:18:40.310 --> 01:18:43.675
, isn't that wonderful? And we've got
this study and isn't that wonderful

01:18:43.708 --> 01:18:48.116
? And we've tried this well, the
planning of the Humpback chub and all

01:18:48.149 --> 01:18:55.406
these tributaries has worked. But what
happens if we don't solve the

01:18:55.439 --> 01:19:03.439
German Brown Tribe issue? Uh What
happens if people who like the idea of

01:19:03.509 --> 01:19:07.296
flattening the river, let the river
warm up and we get striped bass in the

01:19:07.329 --> 01:19:13.437
river? I mean, where, you know, I
mean, there's many, many things have

01:19:13.470 --> 01:19:21.470
been tried and, and, and the oops
factor has business and started with ro

01:19:21.649 --> 01:19:25.116
knowing the river that created the
endangered fish problem in the first

01:19:25.149 --> 01:19:29.576
place. Uh because they want to put
recreational fish in the river for

01:19:29.609 --> 01:19:32.607
people to enjoy.

01:19:32.640 --> 01:19:38.425
But there are solutions. But the
solutions are gonna require

01:19:38.458 --> 01:19:46.458
a change in mindset. In my view,
people are gonna watch

01:19:46.470 --> 01:19:49.586
to have

01:19:49.619 --> 01:19:57.619
uh answers and want to have each
other's interests

01:19:57.729 --> 01:20:05.607
mature into solutions. That, that
makes sense and that provide value to

01:20:05.640 --> 01:20:12.336
each of the interests involved in the
thing. They're gonna want everybody

01:20:12.369 --> 01:20:19.237
to win and that ain't there now. Not
even close.

01:20:19.270 --> 01:20:22.836
I think that's an excellent place to
wrap up. That's probably one of the

01:20:22.869 --> 01:20:29.996
most articulate criticisms we've had
of uh of the program um in, in our

01:20:30.029 --> 01:20:33.726
oral history interview. So that was
very valuable. Thank you. Thank you

01:20:33.759 --> 01:20:38.635
for that. I'll teach you to come to my
house

01:20:38.668 --> 01:20:43.600
and drink my tangelo juice. That was
excellent tangelo juice.