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<br />Page 5 of5 <br />January 9, 2002 Draft <br /> <br />Species Act (ESA), will be responsible for their activity's portion of Phase II costs based <br />upon the population increase that is directly or indirectly supported by the activity. <br /> <br />Participation in the Proposed Program and Phase II of the Tamarack Plan is voluntary. <br />Those electing to not participate in Phase II of the Tamarack Plan are responsible for <br />negotiating their own resolution ofESA issues with the U.S. Fish and Wildlife Service <br />and/or the permitting agency. [We have to be careful in developing this concept that <br />we don't place the program into a biding war on privately developed credits. Need <br />to make the participation in the program economically attractive.] <br /> <br />Non-Phase II Post July 1997 Projects <br /> <br />Non-Phase II water related activities will generally fall into two categories; anomalies <br />related to the assumptions in Colorado's Future Depletions Plan and expansion of <br />irrigated agriculture. An example of an anomaly is a new power plant that causes <br />depletions to the South Platte River, but sells the generated power outside of the South <br />Platte River Basin or a very large reservoir that would overwhelm the Tamarack Plan. <br />[Having said this, even a large reservoir demand would still be population driven] <br /> <br />The SED, during its normal process of reviewing water rights filings in Division 1, will <br />determine if a water right filing has the potential to fall into one of the anomaly situations <br />identified above or cause new depletions through expansion of irrigated agricultural <br />acres. If a water right filing is identified to be an anomaly or cause new depletions from <br />expanded irrigated agricultural acreage, DNR will notify the water right applicant that the <br />Tamarack Plan may not cover this project. Also, the notification will suggest that the <br />project proponent work with CWCB staff on whether or not this anomaly can be covered <br />by the Tamarack Plan and, if not, what modifications are available to the Plan that would <br />allow coverage of the project. All costs related to accommodating anomalies within the <br />Tamarack Plan are the project proponent's responsibility. <br /> <br />Agreements and Contracts <br /> <br />Numerous agreements and contracts will be necessary to implement the Tamarack Plan. <br />The attached spreadsheet lists the most obvious agreements/contracts based upon limited <br />discussion. We can expect to identify the need for additional arrangements as we <br />proceed toward full implementation of the Tamarack Plan. And, although there is a <br />whole bunch more that needs to be said on this issue, I have run out of worlds. <br /> <br />Tamarack OM&R plan: version 01/01/2002 <br /> <br />5 <br /> <br />