Common use of Flooding Clause in Contracts

Flooding. Flooding impacts affecting single or limited numbers (for purposes of this CCAA, fewer than 10% of the total number CI’s in effect at the time) of individual CI’s will be handled on a case by case basis with the individual landowners to determine the management practices to be applied. If one or more flood events destroys or effectively eliminates more than 50% of lesser prairie-chicken habitat covered by one or more CI’s, to the extent that the ability to reach the protected habitat objective is not possible within the CCAA time frame, ODWC will notify the Service within 30 days of that determination. Within 90 days of notification, the affected parties will meet and evaluate the conservation measures and identify potential actions which could be employed to address the change in circumstances. The Parties will meet with the CI holder and develop habitat restoration plans to be implemented voluntarily on an agreed upon schedule. Adaptive management approaches will maximize likelihood of success.