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in order to avoid severe sanctions and enforcement actions that result from taking of endangered species. Cases out of our Klamath Irrigation project on the border of Oregon and California, involving a cousin of one of your favorites, the Colorado River sucker, illustrates just how dramatic the burden to maintain the populations of listed species can be. In that situation irrigation deliveries were curtailed to conserve habitat of the lost river sucker. The conservation responsibilities remain regardless of the seven year drought situation and even at the expense of hundred-year-old water rights. The Act does have those kinds of teeth. There is no doubt about it. Is the Endangered Species Act likely to go away? Well, anyone can have fun predicting politics. I say, no. I was interested in reading some of the materials from the National Water Association and their wish list of changes for the Endangered Species Act. Of the ten or so that I saw, I think they may have a chance for maybe two of them. What the NWA is really addressing is the need to improve public participation, economic analysis and the other processes involved. Notions that Section 7 is going to be repealed are natural. However, the demographics of the United States strongly supports preservation at almost any cost. When you look at the urban-rural dynamics, you can see why. The people who are sending the most people to Congress can afford, in many instances, to preserve the rare endangered species of the Colorado River and the Pacific Northwest. The balance of power is decidedly in favor of retaining very strong protection. Is the act untouchable? No, of course not. Will it be amended? Probably. will it be gutted? Will it be turned into NEPA, a "disclose and destroy" statute? No, it will not. I do not think it is likely to go away. I think we are going to have to learn to live with it. I am a corporate lawyer, believe it or not. My clients pay me money in order to hear that. I tell them that because it is true. They may not like me for saying it. They may not like to hear it, but it is true. Folks, you are just going to have to learn to live with it. Here are some thoughts on how to live with it. Attitude The first ingredient for living with the Endangered Species Act and figuring out how to allocate Colorado water is attitude. What do I mean? Problem solving. Be willing to rethink old approaches, even the great paradigm, use it or lose it. Be solution oriented. That is why I emphasize the recovery process. That is where the solutions come from. If you want to get the Endangered Species Act out of your way, get the species off the list. It is just that simple -- at least in concept. Cooperation Confrontation will always exist and nothing I say today will stop it. Most people will love to go and fight as soon as they can. I am just saying give peace a chance. Give the cooperative approach a chance every once in awhile, just to sort of vary the menu. It is happening more and more. I do not mean to be totally supercilious, I know that it is happening. Do it more. 69