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<br />**12. <br /> <br />" <br /> <br />HAS THE FWS CONSIDERED USE OF THE ACQUIRED "WINDY <br />GAP" SETTLEMENT FUNDS IN THE PURCHASE OF OR <br />CONTP~CTING FOR WATER RIGHTS FOR THE MAINTENANCE OF <br />IN-STREAM FLOWS? <br /> <br />Under S 5 of the ESA, the Secretary is authorized to <br />acquire water to provide necessary flows for the <br />endangered fish. FUS, however, has given no indica- <br />tion that this is considered an option. <br /> <br />-29- <br />