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<br />uU;j~;jj <br /> <br />Senate Committee on Agriculture and Water Resources <br />Assembly Committee on Water, Parks, and Wildlife <br />Page 4 <br />August 31, 2001 <br /> <br />the corresponding effect on its fishery; and (2) how to address impacts related to California's <br />fully protected species provisions. <br /> <br />With respect to the temporal effect of the water transfers on the Salton Sea, causes of increasing <br />salinity and environmental decline extend far beyond any affect of the transfers. Congress <br />recognized this in the 1998 Salton Sea Reclamation Act (Public Law 105-372) and directed that <br />the Salton Sea reclamation options not frustrate or burden the water transfers and that the <br />transfers be included in the baseline condition in the development of SaltOI) Sea reclamation <br />options, acknowledging the transfers' importance to California, the other Colorado River Basin <br />states, and Mexico. Federal legislation, the Colorado River Quantification Settlement Facilitation <br />Act (H.R. 2764), has been introduced by Congressman Hunter to address the Salton Sea issues <br />and other matters important to the California Plan. The Agencies are also pursuing with federal <br />agencies possible administrative actions to help facilitate implementation of the California Plan. <br />Likewise, state legislation is required and state administrative measures are necessary to ensure <br />compliance with California law. <br /> <br />The California Fish and Game Code identifies thirty-seven "fully protected species" and includes <br />explicit provisions prohibiting "take" of these species. The California fully protected statutes <br />have no federal equivalent. Representatives from California, Arizona, Nevada, Native American <br />tribes, the United States, local regional water and power management agencies, and others have <br />formed a partnership to develop a multi-species conservation program. This program, the Lower <br />Colorado River Multi-Species Conservation Program (Conservation Program), is directed to <br />protect sensitive, threatened, and endangered species of fish and wildlife and their habitats. The <br />program will be implemented over a 50-year period following its adoption, and will ensure the <br />compatibility of permitted uses of the river with the well being of the species and habitat. <br />Implementation of both the Conservation Program and the California Plan may result in the <br />incidental take of species listed under federal and California Law. Legislation has been <br />introduced, AB 1561 (Kelley) and AB 985 (Florez), to specifically deal with the Colorado River <br />related issues arising from the Fish and Game Code provisions. <br /> <br />The on-river habitat and backwater mitigation to address the impacts of 400,000 acre-feet per <br />year of water transfers involving a change in point of diversion and location of use of have been <br />agreed to by the United States Fish and Wildlife Service and will receive credit in the <br />Conservation Program. Likewise, agreements will be in place for in-valley measures to mitigate <br />impacts of the programs in the area where the water conservation will occur. <br /> <br />The October 1999 Key Terms For Quantification Settlement Among the State ofCalifomia, IID, <br />CVWD, and MWD identified 12 specific areas of conditions precedent that need to be satisfied <br />or waived prior to execution of the QSA and related documents. This includes the completion of <br />the related environmental reviews, implementing interim surplus guidelines, implementing an <br />inadvertent overrun and pay back program relative to Colorado River water consumptive use, <br />completing the SWRCB water transfer petition review process, and obtaining conserved water <br />and a means to deliver the water for the San Luis Rey Indian Water Rights Settlement Act. The <br /> <br />4 <br />