Common use of Salinity Clause in Contracts

Salinity. The City’s SEIR identifies a concentrated brine discharge stream, but states that the environmental impacts from this discharge are not significant. However, not addressed was the use of Public Trust resources that would result from increased salinity offshore of the outfall. According to the SEIR, elevated salinity, while not environmentally significant, would affect an area from seven to 20 acres, an area that marine life is likely to avoid. The project is therefore expected to use an area of at least seven acres of sovereign tide and submerged lands, although the actual area occupied may ultimately prove different. As a consequence, ▇▇▇▇▇▇▇▇ has agreed to pay annual rent, commencing with the start of the desalination operation, in the amount of $115,500 for the use of these lands, based upon the value of seven acres expected to be occupied. After two years of monitoring, if it is determined that the area is not so affected or if the area affected is different, then Poseidon may apply to the Commission for elimination or modification of that rent.