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of contracts in, a water conservation program to provide for the acquisition and temporary transfer <br />of water or water rights, or permanent acquisition of water or water rights, from willing sellers that <br />would otherwise be entitled to use the water in accordance with a State - approved water right or a <br />contract with the Secretary, or by other lawful means (including willing sellers in the San Francisco <br />Bay-Delta, the Truckee - Carson Basin, and the Walker River Basin)." <br />Up to 1.1 million acres might have been enrolled. "In enrolling eligible land in the program, <br />the Secretary shall give priority to land with associated water or water rights that - -(A) could be used <br />to significantly advance the goals of Federal, State, Tribal and local fish, wildlife, and plant <br />conservation plans, including - -(i) plans that address multiple endangered species, sensitive species, <br />or threatened species; or (ii) agreements entered into, or conservation plans submitted, under section <br />6 or I O(a)(2)(A) of the Endangered Species Act of 1973..., respectively; or (B) would benefit fish, <br />wildlife, or plants of one or more refuges within the National Wildlife Refuge System." The <br />provision continued, "In enrolling eligible land in the program, for the purpose of transferring water <br />or water rights associated with eligible land or providing dry year options on such water or water <br />rights, the Secretary shall, in accordance with the water law of the State in which eligible land sought <br />to be enrolled is located-- (1)...enter into a contract with the landowner for the transfer of those rights <br />that has a term of not less than 1, nor more than 5, years; or (2) provide for a dry year option contract <br />or other similar agreement that effectuates the purposes of this section." It defined a "water right" <br />as "...any right or entitlement to water delivery that is - -(A) exercised via contract, agreement, permit, <br />license, or other arrangement; and (B) available for acquisition or transfer." <br />Moreover, the Secretary was authorized to enroll up to 200,000 acres "...for the purpose of <br />permanently acquiring water or water rights associated with the eligible land," and "...enter into a <br />contract or agreement for the acquisition of that water or those water rights with - -(A) the landowner; <br />and (B) to the extent that matching funds are provided for the acquisition of the water or water <br />rights - -(i) a State (including a political subdivision); (ii) a nonprofit organization; or (iii) an Indian <br />tribe." Further, "A contract or agreement under this section may provide for the transfer or sale of <br />a portion of the total acre -feet of water associated with land enrolled in the program if - -(1) the <br />landowner agrees in the contract or agreement to adopt a change in practice that reduces the use of <br />water for agricultural purposes; (2) the transfer or sale meets the requirements of the program; and <br />(3) the contract or agreement and the purchase price for enrollment of land in the program reflect the <br />fact that only a portion of the water or water rights associated with the eligible land are being <br />transferred or sold." <br />Under a contract, a landowner would agree to "transfer to the Secretary water or water rights <br />associated with enrolled eligible land" and "take no action that would interfere with the quantity or <br />quality of water transferred or acquired under the contract." The Secretary would make payments <br />for eligible land enrolled in the program and with regard to the use of water, "..may direct a <br />landowner to use, or transfer or sell to an entity approved by the Secretary, water... to protect one <br />or more endangered species, sensitive species, or threatened species." Moreover, "At the request of <br />a landowner, the Secretary shall submit any necessary State application, and complete any applicable <br />State legal process, for the transfer or acquisition of water under a contract...." <br />37 <br />