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Land Letter <br />Page 2 of 2 <br />species protection, noting California's recently unveiled plan to spend $5 billion on coho salmon restoration. <br />Compensating property owners should be part of the cost of doing business, he said. <br />Brent Graham, the general manager for the Tulare Lake water district, insisted that the case was not an attack <br />on ESA. The plaintiffs merely wanted reimbursement of damages, he said. <br />"When they took the water, we weren't about to fight or challenge the Endangered Species Act. That wasn't the <br />purpose. It was the fact that the federal government took our water, and we should be compensated for the <br />property right they took," Graham said. <br />Graham said he does hope the case will improve science in endangered species decisions, in contrast to what <br />he called the government's "loose" science in the 1990s. <br />"I think [the decision] will help have better science on what amount of water you really need because the <br />government, when they take the water, is going to have an expense based on our challenge. And I think you <br />have to have good scientific data with regards to fish ... as to how much water you really need to meet those <br />requirements," Graham said. Timing the water releases appropriately is also important, he said, noting that the <br />government is doing more research on both the salmon and delta smelt affected by the Central Valley Project. <br />The Interior and Justice departments have not decided yet whether to appeal the case to the U.S. Court of <br />Appeals for the Federal Circuit, according to Disheroon. Disheroon said he is confident the government could <br />win on appeal, but if they lost a federal court decision it would set a more binding precedent on compensation <br />under ESA. <br />ENVIRONMENT & ENERGY DAILY * GREENWIRE * LAND LETTER * E &E PUBLISHING, LLC <br />122 C. St. NW, Ste, 722 Washington, D.C. 20001 <br />E -mail: pubs@eenews.net Phone: 202-628 -6500 <br />All contents G 2004 E &E Publishing, L.L.C. <br />http: / /www.eenews. net / Landletter /Backissues /021204/02120405.htm 2/12/2004 <br />