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Continents of the Platte River Project on the <br />Platte River Recovery Implementation Program DEIS <br />downstream of Denver, Colorado and return clear water to the South Platte <br />River." <br />[Draft Platte River Recovery Implementation Program, Attachment 5, Section 9114 <br />(proposed and pending ratification by Governance Committee) (September 2004)]. <br />B. Colorado's Initial Project a /k/a Tamarack Project, Phase 1. <br />The DEIS at pages 3 -25 through 3 -26 summarizes Colorado's initial project as more fully <br />set forth in Attachment 5, Section 3 of the Program Document. Although the summary is a fair <br />general reflection of the tenor of the Project, the summary is misleading in the following ways: <br />• The summary does not reflect that re- timing of stream flow that results from Tamarack 1 <br />is estimated to develop an average annual yield of at least 10,000 acre -feet during times <br />of target flow shortages and after any canal interception has occurred. <br />• The summary does not reflect that water rights for the operation of the components of <br />Tamarack 1 will be obtained and exercised under Colorado law for beneficial uses in <br />Colorado. <br />• Other portions of the DEIS confuse the institutional protection intended for Tamarack 1 <br />water. Attachment 5, Section 3 of the Program Document clarifies that any Tamarack 1 <br />accretions will not be protected from diversions by other Colorado water rights, but if that <br />water is intercepted by Colorado canals it will be accounted for, reported to other parties <br />to the Cooperative Agreement, and will not count towards satisfying Colorado's <br />obligations. <br />• The summary does not reflect operational criteria for the Tamarack 1 Project that were <br />negotiated by the Governance Committee members. These criteria are summarized by <br />stating that: <br />In operating Tamarack 1, Colorado will make a good faith effort to minimize <br />canal interception. All such facilities will be operated by Colorado and its water <br />users in compliance with the requirements of the South Platte River Compact and <br />for Program purposes during times of excesses to target flows. <br />— Tamarack 1 facilities may also be operated for purposes other than the Program, <br />subject to requirements of state law and the South Platte River Compact, so long <br />as (1) such operation does not interfere with the use of those facilities for the <br />purposes described in this Plan or Colorado's New Depletions Plan, and (2) any <br />associated new depletions are mitigated in accordance with Colorado's New <br />Depletions Plan. <br />-7- <br />