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The interests in land for the Program will be held by the land interest <br />holding entity, not by the federal government. Land interests will be <br />acquired on a voluntary basis and the Program has committed to a "good <br />neighbor policy" regarding Program lands, including payments in lieu of <br />taxes. <br />Could ESA water needs under this Program trump the Modified North Platte Decree and <br />State Water law? <br />The Program is designed to facilitate water uses consistent with entitlements <br />under State Water Law, interstate compacts, the Modified North Platte <br />Decree, and endangered species needs. The bigger question is, without the <br />Program, could ESA implementation trump interstate compacts and decrees <br />and the exercise of water rights decreed under state law. This question is <br />difficult to answer and, ultimately, may only be answered by a specific <br />lawsuit. There are some that believe that the ESA could require individual <br />actions by water users to mitigate species' needs that may be perceived as <br />"trumping" state water law or a water compact. It is an issue that water <br />users in Colorado are concerned about. During negotiations, the Colorado <br />contingency designed their water plan to avoid raising that question. <br />