Acknowledgement and Agreement Regarding Xxxx Water Bank Sample Clauses

Acknowledgement and Agreement Regarding Xxxx Water Bank. With respect to Section III(C)(5)(b) relating to the Xxxx Water Bank, the Parties acknowledge that the Xxxx Water Bank is currently operating under the Xxxx Environmental Permits, which were entered into based on an Addendum to the 1995 EIR. The Parties recognize that the Addendum has been completed and agree not to challenge it in any manner. XXXX agrees that it will not rely on the Addendum to the 1995 EIR for any new KWBA project to the extent that such reliance is based on data or analysis incorporated into the Addendum from the 1995 EIR. In addition, the New EIR shall include an independent study by DWR, as the lead agency, and the exercise of its judgment regarding the impacts related to the transfer, development, and operation of the Xxxx Water Bank in light of the Xxxx Environmental Permits. Such study shall identify SWP and any non-SWP sources of water deliveries to the Xxxx Water Bank. The views of the trustee agencies, as evidenced by the requirements of the HCP, will be used to provide guidance to DWR. Finally, the Parties agree that this Settlement Agreement is not intended to and shall not affect the continuing effectiveness of the Xxxx Environmental Permits.
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