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<br />002934 <br /> <br />8. LEGAL ISSUES ASSOCIATED WITH IMPLEMENTATION OF THE ESA <br /> <br />Work to Date: See Water Resources Committee Work Plan on ESA <br /> <br />2002: Examining certain legal issues were raised as action items by the group who attended our last <br />workshop in Seattle on ESA and Western Water Management; namely, (1) identify tools under state water <br />law (i.e. Oregon model of sharing shortages) to accommodate endangered species needs; (2) examine <br />compensation issues related to ESA takings (the Tulare Lake case and the Methow Valley in Washington <br />are examples -- the outcome of such legal decisions in this area could have significant implications); and <br />(3) examine issues associated with purchase of water rights to meet ESA requirements (what are the <br />impacts?, who actually will get the water? and what are associated equity issues?) A legal analysis of these <br />above areas will be done under the direction of the ESA Subcommittee and reponed to the Committee, <br />which should benefit our members states in evaluating their overall approach regarding the ESA. <br /> <br />Estimated Work Days: ]6 <br /> <br />Time Frame: July - December <br /> <br />F:\U5ERS\CHAD\WPDOCS\WORKPLAN\LEG2002D. WPD <br /> <br />6 <br />