CDFG Clause Samples
CDFG. A. The Parties acknowledge and agree that CDFG has made no determination, and is giving the Parties no assurances, regarding compliance of the Restoration Project or PG&E’s operation of its FERC Project No. 1121 with applicable state law.
B. The Parties acknowledge and agree that CDFG is not responsible for funding any compone nt of the Restoration Project, including any cost overruns.
C. CDFG agrees to do the following:
1. CDFG and PG&E shall jointly file a petition with the State Water Resources Control Board (SWRCB) pursuant to Water Code Section 1707 to dedicate the water diversion rights associated with the decommissioned dam sites in the Restoration Project Area to instream uses;
2. Support the amendment of the license of FERC Project No. 1121, described in Section 6.1 C, that incorporates the facility modifications described in Section 4.1, the prescribed instream flow releases described in Tables 1 and
3. In the next relicensing proceeding for FERC Project No. 1121, support the continuation of the prescribed instream flow releases described in Attachment 1 and Ramping Rates described in Attachment 2, and any changes to those prescribed instream flow releases or Ramping Rates resulting from Adaptive Management, subject to applicable law.
▇. ▇▇▇▇▇▇▇▇▇ the biological and environmental monitoring described in Section 7.3, CDFG agrees to support incorporating Battle Creek monitoring needs into appropriate CVPIA, CALFED, and other monitoring programs.
CDFG. The CDFG shall include in its annual budget requests for sufficient funds to fulfill its obligations under the RPV NCCP Subarea Plan, this Agreement, and all NCCP Authorizations it issues pursuant to the RPV NCCP Subarea Plan. CDFG acknowledges that acquisition of the private lands to be included in the Reserve must be accomplished through transactions with willing sellers.
CDFG. The CDFG shall include in its annual budget requests sufficient funds to fulfill its obligations under the MSCP, this Agreement, and all NCCP Authorizations it issues pursuant to the MSCP.
CDFG. A. In the next relicensing proceeding for FERC Project No. 1121, CDFG agrees to support the continuation of the prescribed instream flow releases described in MOU Attachment 1 and Ramping Rates resulting from adaptive management.47
B. CDFG agrees to support any changes to instream flow releases or Ramping Rates resulting from Adaptive Management, subject to applicable law, and to support incorporating Battle Creek monitoring needs into appropriate CVPIA, CALFED, and other monitoring programs.48
C. CDFG shall provide at least one representative to the AMPT and one representative to the AMTT. CDFG’s representatives to these two teams shall be responsible, for one year out of every four as outlined in the Protocols section, for the chairmanship of these teams on a rotating basis with the other Parties. These chairmanships includes the responsibility of publishing the annual Adaptive Management report. 46 MOU 14.0 47 MOU 6.5.C.3 48 MOU 6.5.D
D. CDFG will be responsible for assuming its costs for any FERC dispute resolution proceedings.49
E. As described more fully below in descriptions of individual Adaptive Management objectives, CDFG, in cooperation with USFWS and NMFS, shall conduct and/or fund or seek funding from sources other than the Licensee for monitoring and data assessments including those associated with all fish population objectives; data collection and report preparation associated with Habitat Objective 1; water temperature and climatic data collection associated with Habitat Objective 2; relevant biological monitoring and measurement of any known release or discharge from the hydropower water conveyance system that elicits a response from salmon or steelhead associated with Habitat Objective 3; incidental monitoring and the diagnostic Ramping Rate assessment associated with Habitat Objective 4; biological monitoring using ladder counts after the ladder is deemed effective associated with Passage Objective 1; the repair or replacement of fish counting equipment in fish ladders after the initial three-year period of operation; monitoring activities associated with Passage Objective 3; modification of natural fish passage barriers. All data collected as part of adaptive Management Monitoring will conform to data management protocols in Section V.B.
CDFG