DISPUTES OVER PUBLIC BENEFITS NOT RESOLVED BY ADAPTIVE MANAGEMENT. The State Water Board shall review the Annual Summary Report and five-year Review Report described in Section 4.3.1 of this Contract and Section 1.5 of the Adaptive Management Plan. If the State Water Board concludes, based on the Annual Summary Report, Review Report, and the Best Available Science, as applicable, that the Project Implementation Action metrics are below the associated Adaptive Management Trigger as described in the Adaptive Management Plan, the Decision-Making Body shall convene as described in Section 1.6
DISPUTES OVER PUBLIC BENEFITS NOT RESOLVED BY ADAPTIVE MANAGEMENT. The Department shall review the five-year Adaptive Management Review Report (“Review Report”) described in Section 4.3.1 of this Contract and Section 1.6 of the Adaptive Management Plan. If the Department concludes, based on the Review Report and the best available science, that Project Implementation Actions, Benefit Implementation Actions, or Benefit Environmental Response metrics are at or below the associated Adaptive Management Trigger as described in the Adaptive Management Plan, the Adaptive Management Decision- Making Body shall convene as described in Section 1.5 of the Adaptive Management Plan. If the Adaptive Management Decision-Making Body cannot agree on the appropriate course of action as described in Section 1.5 of the Adaptive Management Plan, the Department may initiate the public benefit dispute process described in this section. The Department may only initiate the public benefit dispute process when: • The Parties disagree on appropriate adaptive management actions within the Program’s control and identified in the Adaptive Management Plan and the Department determines that not adjusting adaptive management in the manner recommended by the Department will result in an insufficient Public Ecosystem Benefit; • The Parties disagree on whether the Public Ecosystem Benefit should be adjusted; • The Parties disagree on whether the Public Ecosystem Benefit continues to be feasible; or • The Department determines the Public Ecosystem Benefit is no longer occurring due to the Regional San’s failure to conduct Project Implementation Actions and/or Benefit Implementation Actions and no excuse exists for such failure.
