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<br />2 ! <br /> <br />, <br />(2) rights of beneficiaries of such water rights , <br />established by confirmed contracts between i <br />Unites States and the beneficial user of said water I' <br />under said rights; :' <br /> <br />(3) the rights of Indian Tribes established by treaty, <br />statue, settlement, decree or Executive Order; or <br /> <br />(4) water rights allocated by interstate compact or <br />United States Supreme Court decree. <br /> <br />b. State Law and Processes: The federal government <br />shall not acquire land or water, except on a willing <br />seller/willing buyer basis, and in a manner consistent <br />with state substantive and procedural law, in carrying <br />out programs for the conservation of endangered and <br />threatened species. <br /> <br />The federal government shall not acquire water, even <br />on a voluntary basis, without full compliance with <br />the laws of the Indian Reservation and/or state in. <br />which such waters are found. <br /> <br />c. Water Use: <br /> <br />i. Historical Uses: Existing historical water uses <br />and depletions, and hydro-power operations, shall <br />be exempt from the Act. <br /> <br />ii. Allocation: The Act shall not be construed or <br />used to reallocate Water absent the consent of the <br />owners or beneficiaries of such water. <br /> <br />iii. Impairment: The federal government shall not <br />impair the right to and/or delivery of water within <br />a Reclamation Project under water storage, <br />repayment or water service contracts duly <br />executed and in existence or approved for <br />execution for any purpose under the Act. <br /> <br />d. Recovery Plan Water: Where water is found to be <br />necessary to the recovery of threatened and <br />endangered species, the federal government shall <br /> <br />1616 <br /> <br />3 <br /> <br />acquire water rights on a voluntary basis and only <br />with full compliance with the laws of the Indian <br />Reservation and/or state on/in which such waters are <br />found. <br /> <br />n <br /> <br />r" <br /> <br />e. Operation and Maintenance: Operation, maintenance <br />and repair of existing facilities shall be excepted <br />from the Act. <br /> <br />2. Species Protection: <br /> <br />a. Listing: <br /> <br />i. State and Tribal Programs: The federal <br />government shall: <br /> <br />(1) recognize state and tribal programs designed <br />to avoid the necessity of listing a species; <br /> <br />(2) confer with state, local and tribal officials <br />prior to a listing of species or designation of <br />critical habitat; and, <br /> <br />(3) support state or tribal recovery plans as an <br />alternative to federal plans. <br /> <br />n <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br />1 <br /> <br />ii. Science: Decisions regarding the listing, <br />proteclion and conservation of endangered <br />species shall be based on adequate, verifiable, <br />peer-reviewed, verifiable, ground-truthed, <br />scientific information, and shall be subject to <br />public scrutiny. <br /> <br />The Act shall protect only those subspecies which <br />are significantly genetically different from the <br />primary species. <br /> <br />b. Critical Habitat Designation: <br /> <br />"Failure to Designate" Finding: Prior to any critical <br />habitat designation, the appropriate secretary shall <br />"find" that the failure to designale such proposed <br />critical habitat will render the species extinct. There <br />