Pass-by flows Clause Samples

Pass-by flows. The Commission currently uses the ten-year 7-day low flow (Q7-10) statistic as the default pass- by flow for withdrawals from a stream. The Commission is currently studying and evaluating alternative low flow protection policies. For water withdrawal projects located within New York State and covered by this appendix, the Commission and NYSDEC agree that the conditions of approval recommended by DRBC staff to the DRBC Commissioners will be consistent with any applicable NYSDEC regulatory requirement or technical guidance regarding low flow protection that results in more stringent protection than the Q7-10 pass-by flow. NYSDEC agrees in general to support Commission determinations based on NYSDEC’s regulatory requirements and technical guidance, although it reserves the right to recommend departure from these requirements when doing so in NYSDEC’s view better serves its or the basin’s water management objectives and is consistent with applicable law.