3. CEHMM, not less than 3 days in advance, of any changes to prior notice of New Surface Disturbance; and, 4. CEHMM within 72-hours after Emergency Operations that result in New Surface Disturbance. Emergency Operations are those activities unexpectedly and urgently required to prevent or address immediate threats to human health, safety, property, the environment, or national defense or security. Withdrawers Water Withdrawer industry sector Participants (Water Withdrawer Participants) agree to implement the following Conservation Measures: A. Zone A – Temporarily maintain minimum streamflow and curtail pumping in Zone A should the flow fall below 9.3 cfs at the USGS gauge location at the CID dam. NMDGF recommends 3 cfs (Arm et al. 2014) absolute minimum flow for the Texas Hornshell, but 9.3 cfs is based on current minimum flow as established by water withdrawers in the area. However, the Technical Work Group, following the Governance process (Section II), will work with subject matter experts to determine minimum flow within five years of implementation of this CCAA. B. Zone B – Within the and Delaware rivers (excluding Zone A in each), Blue Springs, and their associated USGS 100-year floodplain: 1. Temporarily maintain minimum stream and cease pumping of water if minimum flow is reached. The Technical Work Group, following the Governance process (Section II), will work with subject matter experts to determine minimum flow within five years of implementation of this CCAA. C. Zone C - Ephemeral Drainages to the Black and Delaware rivers, including Owl Draw: 1. Temporarily maintain minimum stream flows and cease pumping of water if minimum flow is reached. The Technical Work Group, following the Governance process (Section II), will work with subject matter experts to determine minimum flow within five years of implementation of this CCAA. Agriculture and Agriculture and Ranching industry sector Participants (Agriculture and Ranching Participants) to implement the following Conservation Measures: A. Zone A - No New Surface Disturbance in Occupied Habitat within the Black and Delaware rivers as identified in Appendix B, corresponding to the limits of known populations identified for protection.
1. The Implementation Committee will develop a grazing approach for areas near designated Life History Sites or Sensitive Habitat Areas. 2. Pumping of water for agricultural purposes will not occur in Zone A. 3. Avoid utilizing low-water crossings when other routes are available. 4. Implement or erosion control along the banks of the Black and Delaware rivers. 5. A staged vegetation plan will be developed by the Implementation Committee for each occupied site and invasives (Creosotebush, Larrea tridentate; Honey Mesquite, Prosopis glandulosa; Saltcedar, Tamarix spp.; Russian Olive, Elaeagnus angustifolia; and Tarbush, Flourensia cernua) will be replanted with native grasses, trees, or shrubs. This process should be incremental but not result in the total removal of native vegetation. B. Zone B – Within the Black and Delaware rivers (excluding Zone A in each), Blue Springs, and their associated USGS 100-year floodplain: The Implementation Committee will develop a grazing approach for near designated Life History Sites or Sensitive Habitat Areas. Temporarily maintain minimum stream flows and cease pumping of water if minimum flow is reached. The Technical Work Group, following the Governance process (Section II), will work with subject matter experts to determine minimum flow within five years of implementation of this CCAA. 2. Avoid utilizing low-water crossings when other routes are available. 3. Implement erosion control along the banks of the Black and Delaware rivers. 4. Increases in current agricultural practices that could impact Zone A (e.g., increasing grazing pressure and developing new agricultural fields) will not be allowed. C. Zone C - Ephemeral Drainages to the Black and Delaware rivers, including Owl Draw: The Implementation Committee will develop a grazing approach for areas near designated Life History Sites or Sensitive Habitat Areas. Temporarily maintain minimum stream flows and cease pumping of water if minimum flow is reached. The Technical Work Group, following the Governance process (Section II), will work with subject matter experts to determine minimum flow within five years of implementation of this CCAA. Avoid utilizing low-water crossings when other routes are available. Carlsbad Irrigation District CID owns and operates a diversion dam downstream of the Occupied Habitat in the Black River and manages irrigation canals leading to the diversion dam from the Pecos River and from the diversion dam to deliver water to CID members. In lieu of Enrollment and Habitat
Appendix B Map of Covered Area Zone A – Occupied Habitat within the Black River and Delaware River. Zone B – The Black and Delaware rivers (excluding Zone A in each), Blue Springs, and their associated USGS 100-year floodplain. Zone C – Ephemeral drainages to the and Delaware rivers, including Owl Draw. Zone D – The area within the CCAA Boundary, not otherwise described in management zones A, B, or C. APPENDIX C CERTIFICATES OF INCLUSION
Appendix E Showing Threats, Associated Conservation Measures, and Benefits to the Covered Species Threat Conservation Measure Stakeholder Groups Anticipated Result Water Quality and Loss of Water Resources SPCC requirements Oil and gas Prevent contamination Notify CEHMM within 72 hours after Emergency Operations that result in New Surface Disturbance Maintain minimal stream flows and cease pumping if flows reach 9.3 cfs at the gauge located at the CID dam Water withdrawers Prevent loss of water resources No New Surface Disturbance in Occupied Habitat within the Black and Delaware rivers All Participants Prevent loss of water resources Install speed bump or lower speed limit at low water crossings County Prevent contamination by reducing chances of accidents Runoff and Erosion RAPPS requirements Oil and gas Reduce erosion and sedimentation Within the Black and Delaware rivers (excluding Zone A) and Blue Springs and their associated USGS 100-year floodplain, exercise good faith efforts to avoid Zone B All Participants Clear invasive vegetation and replant with native
grasses, trees, or shrubs as specified in a Riparian Restoration Plan Agriculture and ranchers Prevent cattle grazing in Sensitive Habitat Areas Occupied Habitat Attempt to decrease and no increases in current agricultural practices in Zone A and B Collection None Floods CEHMM will use funds for bank stabilization and erosion control All Participants Prevent loss of water resources Diminished Presence of Host Fish will use funds for the reintroduction or stocking of host species All Participants Increase host fish Notify CEHMM within 72 hours after Emergency Operations that result in New Surface Disturbance Prevent contamination, prevent loss of water resources No New Surface Disturbance in Occupied Habitat within the Black and Delaware rivers Prevent loss of water resources Competition from Exotic Species None Manmade Barriers Removal or improvement/replacement of low crossings when funding becomes available County Allow fish passage