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<br />- <br />I <br /> <br />modified in any manner that will cause an increase in target flow shortages, and (c) <br />wells in Nebraska that are constructed, enlarg;ed, 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 reregulation facilities for the benefit of the <br />target species, or from accretions attributable to Colorado's new water related <br />activities. The analysis of the impacts from wylls in Nebraska to flows at the critical <br />habitat that is required by (b) and (c) above ana, as provided in Milestone 14-1 of <br />Attachment I to the Cooperative Agreement, s1pll be provided to the Governance <br />Committee and shall be based on scientifically');ound assumptions and data which are <br />independently verifiable and made available to all signatories. If the depletions from <br />these wells have been q\ll!lltified 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 />detennining when it may operate the Tamarack;Plan without causing an increase in <br />target flow shortages at the critical habitat. Any party may request that a dispute <br />regarding the acceptability of information regar~ing these wells be resolved by a <br />majority of a panel of three experts in groundwater hydrology, one member to be <br />appointed by the State of Colorado, one membet to be appointed by the State of <br />Nebraska, and one member to be appointed by the Department of the Interior ("DOl") <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 commitm\:nt under the Program, subject only to <br />the requirements of state law and the South Platte River Compact. . Such continued <br />operation shall be considered adequate for meeting any Program milestones associated <br />, . <br />with the Tamarack Plan. <br /> <br />C. Components of the Tamarack Plan may also be operated to reregulate flows for <br />the purpose of providing Colorado's contribuq,on'.to the Program for new depletions as <br />is described in Appendix A, Tab 3B, of the Prop~sed Alternative. Participating wells <br />or other water facilities which may contribute to Qle Tamarack Plan may also be <br />operated for purposes other than the Program, copgistent with Colorado's commitment <br />under the Program and subject only. to requirements of state law and the South Platte <br />River Compact. <br /> <br /> <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 routeq amounts of water that would 'be <br />diverted by the Tamarack Plan. This routed diver~ion will utilize the lag and loss <br />factors that will be developed by the Water Technical Committee during the <br /> <br />5 <br /> <br />I <br />I <br />I <br />I <br />- <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br /> <br />.......- <br />