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modified in any manner that will cause an increase in target flow shortages, and (c) <br />wells in Nebraska that are constructed, enlarged, improved, or placed into use in whole <br />or in part after the date of the Cooperative Agreement are operated in a manner that <br />does not cause an increase in target flow shortages at the critical habitat. Any <br />replacement of depletions in Nebraska to flows at the critical habitat that is required to <br />comply with (b) and (c) above shall be from water that is in excess to target flows and <br />shall not rely upon flows that occur at the Colorado - Nebraska state line resulting from <br />the operation of the Tamarack Plan or other rere <br />target species, or from accretions attributable to olorado'sc new water related of the <br />activities. The analysis of the impacts from wells in Nebraska to flows at the critical <br />habitat that is required by (b) and (c) above and, as provided in Milestone 14-1 of <br />Attachment I to the Cooperative Agreement, shall be provided to the Governance <br />Committee and shall be based on scientifically sound assumptions and data which are <br />independently verifiable and made available to all signatories. If the depletions from <br />these wells have been quantified as provided for above but are not fully replaced, <br />Colorado will add these depletions back into Grand Island gage flows for purposes of <br />determining when it may operate the Tamarack Plan without causing an increase in <br />target flow shortages at the critical habitat. Any Party <br />regarding the acceptability of information regarding these wells ube resolved by a <br />majority of a panel of three experts in groundwater hydrology, <br />appointed by the State of Colorado, one member to be appoint by the State of <br />Nebraska, and one member to be appointed by the Department of the Interi or ( "DOI ") <br />who is an employee of the USGS. Pending completion of the dispute resolution process <br />regarding the acceptability of information concerning these wells, Colorado, in <br />coordination with FWS, will continue to operate the Tamarack Plan consistent with and <br />for the purpose of meeting Colorado's commitment under the Program, subject only o <br />the requirements of state law and the South Platte River Compact ed <br />with the Tamarack Plan. . Such continu y <br />operation shall be considered adequate for meeting any Program milestones associated <br />C. Components of the Tamarack Plan may also be Operated to rere <br />the purpose of providing Colorado's contribution to the pro for gulae flows for <br />is described in Appendix A, Tab 3B, of the Proposed Alternaattivve Participating w llss <br />or other water facilities which may contribute to the Tamarack Plan may also be <br />Operated for purposes other than the program, consistent with Colorado's commitment <br />under the Program and subject only to requirements of state law and the South Platte <br />River Compact. <br />For the purpose of these criteria, an "increase in target flow shortages" is measured <br />against the flow conditions which exist as of the date of the Cooperative Agreement. <br />The Grand Island gage will be compared to routed amounts of water that would be <br />diverted by the Tamarack Plan. This routed diversion will utilize the lag and loss <br />factors that will be developed by the Water Technical Committee during the <br />5 <br />