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this program. Such an agreement will provide that the Secretary <br />and the Board will work together in good faith to carry out the <br />terms of this program. <br />2. ADMINISTRATION OF INSTREAM FLOWS IN UTAH: There are several <br />mechanisms in place in Utah which might be used to protect <br />instream flows. The 1986 Legislature passed a law which gives the <br />Division of Wildlife Resources limited authority to acquire water <br />for protection of public fisheries (with legislative approval). <br />Under this authority, the Division of Wildlife Resources can hold <br />an instream flow right which would be administered by the State <br />Engineer under the water rights system. Also, an opportunity <br />exists to protect specified instream flows in critical reaches by <br />contract or administrative agreement with holders of appropriate <br />water rights (similar to agreements on the Bonneville Unit, <br />Central Utah Project). <br />It is anticipated that the Secretary will inform the State of Utah <br />where specific flows are required to support recovery of <br />endangered fishes and arrangements will be made, consistent with <br />State law, to protect the necessary instream flows. It is <br />anticipated that the Secretary and the State of Utah will execute <br />an agreement to better define their respective responsibilities <br />under this program. Such an agreement will provide that the <br />Secretary and the State of Utah will work together in good faith <br />to carry out the terms of this program. <br />3. The Secretary will not attempt to acquire water rights under this <br />program by condemnation nor acquire rights from other than willing <br />sellers. <br />4. Once water rights for instream flows are appropriated or acquired <br />for a specific reach of stream, they will be administered by the <br />respective State Engineers pursuant to State law. <br />5. The ownership of any water rights which are acquired by the <br />Secretary under this program will be transferred to the <br />appropriate State agency on the condition that such water rights <br />will be held only for the protection of the required instream <br />flows. In the.event this condition is not met, the ownership of <br />such instream flow rights will revert to the Secretary. <br />d. In some cases, the Implementation Committee may wish to take advantage <br />of an unexpected development, such as the offer for sale or donation <br />of a water right that is needed to provide instream flows on a certain <br />river reach. In such cases, the Implementation Committee may <br />recommend eliminating some or all of steps a through e, Section 4.1.2. <br />e. The Secretary's responsibilities in this Section (4.1.3) may be <br />delegated to the Service. <br />4.1.4 Potential Sources of Water <br />Identification of instream flow needs and potential sources of water to meet <br />those needs will be conducted on a site - specific basis. Table 4 -1 indicates <br />where various sources of water may be most important. <br />4 -4 <br />