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(3) the rights of Indian Tribes established by treaty, statute, settlement, decree or Executive Order; <br />or <br />(4) water apportionments allocated by interstate compact or United States Supreme Court decree. <br />b) State Law and Processes: The federal government shall not acquire land or water, except on a willing <br />seller /willing buyer basis, and in a manner consistent with state substantive and procedural law, in <br />carrying out programs for the conservation of endangered and threatened species. <br />The federal government shall not acquire water, even on a voluntary basis, without full compliance with <br />the laws of the Indian Reservation and state in which such waters are found. <br />C) Water Use: <br />(1) Historical Uses: Existing historical water uses and depletions shall be exempt from the Act. <br />(2) Allocation: The Act shall not be construed or used to reallocate water absent the consent of the <br />owners or beneficiaries of such water_and full compliance of the Indian Reservation and state in <br />which such waters are found. <br />(3) Impairment: The federal government shall not impair the right to receipt and/or delivery of <br />water within a Reclamation Project under existing water storage, repayment or water service <br />contracts duly executed and in existence or approved for execution for any purpose under the <br />Act. <br />d) Recovery Plan Water: Where water is found to be necessary for the recovery of threatened and <br />endangered species, the federal government shall acquire water rights on a voluntary basis and only with <br />full compliance with the laws of the Indian Reservation and state on/in which such waters are found. <br />e) Operation and Maintenance: Operation, maintenance and repair of existing facilities shall be exempt <br />from the Act. <br />Species Protection: <br />a) Listing: <br />(1) State and Tribal Programs: The federal government shall: <br />a) recognize and defer to state and tribal programs designed to conserve species and avoid <br />the necessity of listing species; <br />b) confer with state, local and tribal officials prior to listing of species or designation of <br />critical habitat; and, <br />C) support state or tribal recovery plans as an alternative to federal recovery plans. <br />(2) Science: Decisions regarding the listing, protection and recovery of endangered species and <br />designation of critical habitat shall be based on adequate, verifiable, peer - reviewed, ground - <br />truthed, scientific information, and shall be subject to public scrutiny. <br />The Act shall protect only those taxonomic groups that may be significantly different from other <br />groups within the species. <br />b) Critical Habitat Designation: <br />(1) Designation of critical habitat shall be made at or after the recovery planning stage, when there <br />is sufficient information available to decide what habitat is essential for conservation of the <br />2 <br />