Common use of Minimum Flows Clause in Contracts

Minimum Flows. Prior to January 1, 2014, MADEP may issue an order requiring the Project Owner to increase the flows in the bypassed reach above the minimum flows set forth herein in Condition #11, provided that such increase shall not be effective until January 1, 2014, or if appealed for 18 months after issuance of that order, whichever is later (“Effective Date”). Project Owner may bring an appeal or other administrative or judicial action that challenges such an order, but shall make best efforts to have all such appeals or other actions resolved expeditiously. If all appeals or other actions by any party relating to an order for increased flows are not resolved by the Effective Date, Project Owner shall meet such increased flows from the Effective Date until such appeals or other actions are resolved. After January 1, 2014, MADEP may amend the certificate as it relates to minimum flows to the extent allowed by then-existing law.

Appears in 2 contracts

Sources: Settlement Agreement, Settlement Agreement