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the Northern Colorado Water Conservancy District(NCWCD), and representatives of any <br /> other entities that invest substantial resources in the facilities. Parameters that would <br /> affect, and that should be utilized in the design of,the facilities should be clearly defined <br /> by the CWCB in consultation with the other participating entities. <br /> The design of the facilities should provide for existing and future needs. Future needs <br /> may include capacity needed to meet future depletions requirements, and capacity <br /> required by the landowner.4 <br /> c. Construction of New Facilities <br /> Facilities would be constructed under the guidance and authority of the CWCB using <br /> funds from either the CWCB Construction Fund or the Species Conservation Trust Fund <br /> authorized under HB 98-1006. Because water projects built by water users in the future <br /> may increase the amount of water re-regulation required under Colorado's Future <br /> Depletions Plan, a portion of funding for Phase II of the Tamarack Plan could come from <br /> those particular project sponsors through a fee based on the amount of water that has to <br /> be re-regulated. <br /> d. Water Rights <br /> The water rights associated with the proposed Tamarack Plan would be appropriated and <br /> held by the CWCB. Water rights would be decreed for environmental purposes, for the <br /> propagation and protection of species of concern, and for augmentation, exchange, and <br /> substitution--uses needed to allow for the proper administration of the South Platte <br /> River Compact. An unresolved issue is whether these water rights will be used to call out <br /> junior water rights, or instead be subordinated to future instate consumptive uses. <br /> 4 As a condition of the acquisition of lands for these facilities,participants in the Tamarack Plan may be <br /> forced to allow the owner of the land which surrounds the lands acquired for the facilities and from which the <br /> interest in the lands were obtained(including his successors and heirs)to participate in the construction of facilities <br /> for the purpose of constructing its own recharge project. Any such participation should be based on a payment of <br /> the appropriate proportion of the capital and operating costs,and on conditions which protect the ability of the <br /> Tamarack Plan facilities to be used and expanded as required in the future. However,the first preference should be <br /> to have GASP or LSPWCD fully and completely cover the augmentation needs for the landowner,subject to a right <br /> to participate directly in the facilities in the event that the responsible entity is unable to adequately augment the <br /> land owner's wells. <br /> 6 <br />