Center for Biological Diversity sues Washington County Water District

Feb 8th A Fish Needs Water….

Finally someone has taken on the Washington County Water District for its role in the failed Virgin River Program. The Program has turned into an example of government at its worst: taxpayer money wasted and nothing accomplished. Under the guise of the Program the endangered woundfin minnow, native to the Virgin River, was driven to extinction.

Fish need water. In fact, the original Biological Opinion suggested that this fish needs 100 cubic feet per second or more in the Virgin River in their uppermost habitat at LaVerkin Creek. But the Water District diverts cold water to Quail Lake from a location just above Pah Tempe Hot Springs, thus depriving this native fish of the water it needs.

The Center for Biological Diversity sent a 60 day notice of intent to sue the WCWCD for what’s known as ‘take’, which means the District took water the fish need and thus harmed them, in fact causing them to go extinct in the wild.

It’s rare that anyone goes up against the Water District. With handpicked board members, this pseudo public agency has no accountability to the public it supposedly serves. It is funded in large part by property taxes (look at your bill) and yet taxpayers have no direct oversight. And the District has a reputation for intimidating anyone who views things differently than they do.

Federal law mandates that the woundfin be protected. The Virgin River Program was established to do just that. But the Program has been negligent in focusing on the actions necessary to save the fish, as evidenced by its extinction. Luckily a small population exists in hatcheries which are being used to repopulate the river. But water flows in the river must increase for the woundfin to survive.

One example of wasteful spending is the $650K spent to build a fake river on the hill next to the District’s offices. This model river (drive by and look) is intended to show the public what a river should look like. This money could have made a significant contribution toward work on the river itself. For instance, providing water, restoring habitat, and a safe refuge at Confluence Park in LaVerkin; the most important place in the river for woundfin. A display at that location could serve both the public and the fish.

This writer wonders why (could it be bullying?) the various public agencies and non-profit partners in the Virgin River Program allowed the woundfin to go extinct. These agency personnel have a responsibility that they too have neglected. By not holding the District accountable they can count this extinction among their personal failures.

The ramifications of this lawsuit can be huge for Washington County; since Quail Lake is a source of water for St. George. This legal action could have been avoided entirely if District staff were honest and transparent.

The end game for the woundfin is to balance the needs of the fish with sustainable water use in Washington County. As stewards of the public’s trust, this is the challenge that the Water District is obliged to manage…with guidance and support from the Virgin River Program. The District has excelled at diverting water from the river but failed entirely at protecting the woundfin.

Author’s note: This is the original version. An edited version appeard in The St. George Spectrum newspaper on December 19, 2013