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It is very important to understand that Colorado has not agreed to deliver water to Nebraska as a <br /> part of the Program, or to limit or restrict the use of water in Colorado except as is required by <br /> the South Platte River Compact. The Tamarack Plan meets this requirement because it will be <br /> operated in accordance with three specific and primary criteria. First, water re-regulation for the <br /> Tamarack Plan will be limited to water that is physically and legally in excess of existing and <br /> future water demands in Colorado, i.e. water that would normally flow out of the state. Second, <br /> this water will first be diverted for a beneficial use within Colorado; some of the return flows <br /> from this diverted water will subsequently reach the river in times when there are shortages to the <br /> Target Flows. Last,the Tamarack Plan facilities can also be operated for purposes other than <br /> those of the Proposed Program, consistent with Colorado's commitment under the Proposed <br /> Program and subject only to the requirements of state law and the South Platte River Compact. <br /> 2. Governance of the Tamarack Plan. <br /> Assuming that the Tamarack Plan will be implemented as a component of a programmatic <br /> approach to addressing the ESA-related issues in the Central Platte that may affect existing and <br /> future water uses in Colorado, it is essential that an institutional structure for the implementation <br /> and long-term management of the Plan be developed to effectively manage the substantial <br /> commitment of resources required to complete the Tamarack Plan. This Paper recommends that <br /> the State of Colorado, through the Department of Natural Resources and the Colorado Water <br /> Conservation Board,take the lead in the development, implementation, and long-term <br /> management of the Tamarack Plan. Input and review from affected water users or other state <br /> agencies would be provided as needed, either individually or through an advisory committee. <br /> The State will be able to determine how much of the work on the Tamarack Plan could be done <br /> internally versus having it done through contractual arrangements or other means. <br /> 3. Implementation Issues <br /> This section focuses on the development of new water facilities to be included in the Tamarack <br /> Plan. For the purposes of this Paper, it is assumed that most of the new water facilities to be <br /> added to the Tamarack Plan in the future will be located on property that was previously <br /> privately-owned but for which the State of Colorado has obtained a property interest(fee, long- <br /> term lease, or easement). The proposed new facilities include the wells,pumps,pipelines, <br /> recharge ponds, and other related structures that would divert and recharge South Platte tributary <br /> groundwater(See Appendix 1 for discussion of managed groundwater recharge). The wells.will <br /> be located on the banks of the South Platte River so depletions to the river caused by the wells <br /> are considered as instantaneous for administration purposes. Water from these wells will be <br /> piped to recharge basins located at various distances from the river. These facilities will be <br /> operated so as to cause accretions to the river at times when water is needed for compliance with <br /> the South Platte River Compact, or when water is needed to meet the obligations of the State of <br /> Colorado associated with the Platte River Program. <br /> In addition, water developed by other facilities will be integrated into the Tamarack Plan, <br /> including the existing and soon-to-be-constructed wells at the Tamarack State Wildlife Area, and <br /> 4 <br />