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Questions for Anyone on Panel II <br />The Record of Decision states that the program will provide a means to ensure that <br />certain "new water uses" do not undermine ESA compliance, and the program's habitat <br />and species benefits. What "new water uses" are contemplated? How will the program <br />adapt to these new water uses? <br />Does the plan provide certainty to water users? <br />Do any of the states have endangered species laws? If so, are they more or less stringent <br />than the Federal ESA? <br />How does the program define success? How will you know whether the program is <br />really working? <br />The authority to make changes to the program is broad in Sec. 104. How does flexibility <br />relate to ESA compliance? What oversight is there on this? In your experience, which is <br />more strenuous, the Federal Endangered Species Act or state endangered species laws, <br />and what constitutes "consistency" between these two? <br />What affect will land acquisition have on the local tax base? Will the dedication of many <br />acres of land and acre -feet of water have any adverse effects on the local economy? Will <br />there be economic benefits realized as a result of restoration? <br />How do you know that flows that benefit one species (for example, whooping cranes) <br />will not have adverse effects on another species (for example, pallid sturgeon)? Could <br />restoration activities have unintended consequences for these listed species? <br />The cost of the program includes $120 million in "equivalent" land and water — have you <br />already identified the lands and water referred to here? Also, what is expected regarding <br />the in -kind contributions from the states? If the in -kind contributions are large enough, is <br />it possible that the states' cash contributions will not be required? <br />Can the Federal government also reduce its level of cash contributions by making in -kind <br />contributions? What types of in -kind contributions might be expected? <br />Although there are guaranteed water quantities, how will water be prioritized during a <br />period of drought? <br />