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<br />methods. In other words, IID would use less water to farm the same amount of land. Even <br />though this kind of conservation would mean less water flowing to the Salton Sea, and <br />therefore might have some potential impact on the ecology ofthe Sea, it was nevertheless <br />assumed that this approach would be acceptable and would represent sound water <br />management through conservation. One primary reason for this assumption was that the <br />Salton Sea Reclamation Act, enacted by Congress in 1998, specifically provided that <br />reclamation alternatives advanced by the Secretary were to be based on the presumption <br />that there would be reduced inflows in the future. In other words, Congress recognized <br />the importance of the proposed water transfers and attempted to provide that any Salton <br />Sea reclamation project would not stand in the way of such transfers. <br /> <br />Nevertheless, as the QSA water transfers proceeded toward approval a number of <br />interested parties became much more concerned aboutthe linkage to the Salton Sea - for <br />example, environmental groups and the State of California. This became particularly <br />evident during the State Water Resources Control Board (SWRCB) proceeding (to obtain <br />approval for the liD-San Diego transfer), and during state legislative hearings (to obtain <br />necessary legislative action to facilitate execution of the QSA). This Salton Sea linkage <br />was eventually manifested in the form of provisions in SB 482, enacted by the sate <br />legislature in August of 2002, wherein it was provided that in order to obtain certain <br />environmental clearances under state law the QSA water transfers would need to be <br />structured so as to result in no material impact on salinity at the Salton Sea for fifteen <br />years (it is merely coincidental that this fifteen-year period is similar to the ISG fifteen <br />year period). This new QSA state law based requirement resulted in the use of land <br />fallowing as a conservation method during the SB 482 fifteen-year period. The stated <br />purpose of the fifteen-year period was to give the state sufficient time to work with <br />Congress to develop a long-term reclamation plan for the Salton Sea. <br /> <br />In addition to this point of linkage, it is important to recognize that the SWRCB order <br />approving the liD-San Diego transfer also imposed a number of environmental mitigation <br />requirements on the QSA parties. Some of these requirements are species based, thus <br />fulfilling obligations under the California Endangered Species laws, and some of the <br />species concerned reside at the Salton Sea. However, many of the requirements are not <br />species related, but have to do with matters such as air quality when the Salton Sea <br />begins to shrink in size after transfer year fifteen when IID reverts to efficiency <br />conservation methods. Altogether these types of environmental mitigation costs exceed <br />$120 million, and this then represents one of the significant QSA facilitation hurdles now <br />being addressed in Sacramento. <br /> <br />E. Endangered Species Act compliance - In the context of the QSA there are several <br />important aspects of state and federal ESA compliance that are important for <br />understanding what has happened with the QSA and what needs to be done to develop <br />and approve a restructured QSA. <br /> <br />a) Section 9 - Section 9 of the federal ESA addresses "take" of species (the <br />actual killing of species). It is the potential for take that gives rise to the <br />obligation to comply with state and federal ESA requirements. In this <br /> <br />3 <br />