Study Flows and Potential Impacts Clause Samples

Study Flows and Potential Impacts. The potential water levels and sediment loads associated with 2021 Study Flows at 25, 75 and 150 cfs in the Eklutna River will have impact on: (i) the Eklutna Lake and adjacent recreational facilities; (ii) the Eklutna Project; and (iii) the Eklutna River and its fish and wildlife, geomorphology, and surrounding lands and properties. A description of 2021 Study Flows and potential impacts is described in the Final Study Plans (as defined below), but the full extent of impacts, intended and unintended, is not known at this time. The Parties agree that the benefits to fish and wildlife resources of conducting such 2021 Study Flows in order to conduct the Consultation and Study Process and develop the Fish and Wildlife Program outweigh the potential short-term impacts, damages, and losses that may occur to fish and wildlife resources as a result of the 2021 Study Flows. The Parties agree that the 2021 Study Flows are in the public interest and that conducting such studies will not be a violation of the 1991 Agreement. USFWS and NMFS believe that the 2021 Study Flows are unlikely to have any substantial or major impacts to fish and wildlife resources.
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