[Valigator]

Associated Press

July 20, 2006, 11:24 AM EDT



LITTLE ROCK, Ark. -- A federal judge Thursday temporarily halted construction on a $320 million irrigation project in eastern Arkansas, ruling that changing the way farmers water crops in the region may disturb the habitat of the ivory-billed woodpecker.

Although scientists haven't proven that the woodpecker exists, U.S. District Judge William R. Wilson said that, for purposes of the lawsuit, he had to presume that it does. He said federal agencies may have violated the Endangered Species Act by not studying the habitat fully.

``When an endangered species is allegedly jeopardized, the balance of hardships and public interest tips in favor of the protected species,'' Wilson wrote. ``Here there is evidence the IBW may be jeopardized.''

Aquifers beneath eastern Arkansas soybean, cotton and rice fields are running dry and the U.S. Army Corps of Engineers last year began construction on the Grand Prairie Irrigation Project 14 miles from where the bird was spotted. Scientists say the bird's home range is 17 miles.

Workers last year began building a pump station to draw 158 billion gallons from the White River per year. Had construction not been stopped, the station could have been completed next year.

A Justice Department lawyer said during a hearing in the spring that a one-month delay would cost the corps as much as $264,000 and a six-month wait would cost up to $3 million.

The U.S. Army Corps of Engineers conducted a study that said the project would not significantly destroy the ivory-billed's habitat, but the environmental groups said the study was too narrow and failed to comply with the Endangered Species Act.

The National Wildlife Federation and the Arkansas Wildlife Federation argued the project will kill trees that house the birds and that noise from the pumping station would cause them stress.

Until Sparling's reported sighting Feb. 11, 2004, the last known sighting of the bird was in north Louisiana in 1944.

(Now I dont know about ya'll but this article struck me as the world was going insane this am)
You can bet if anyone finds one of these birds there will be an open season on them. In Florida property owners are embattled over a bird called the Florida scrub-jay. The state has red-tagged properties that are even considered their habitat, meaning you cant even as much buid a garden shed on them, let alone sell your property. We have landowners literally looking to wipe these birds out on site. This protection has endangered the bird, not protected it, its unofficially an open season on the scrub jay and enviornmentalist....shaking my head