Common use of FLEXIBLE FLOW MANAGEMENT PROGRAM Clause in Contracts

FLEXIBLE FLOW MANAGEMENT PROGRAM. a. Program History On September 26, 2007, the Decree Parties unanimously agreed to implement a Flexible Flow Management Program (FFMP) for operation of the three New York City reservoirs in the Delaware River Basin. The FFMP was designed to provide a more natural flow regime and a more adaptive means than the previous operating regime for managing releases and diversions from New York City’s Pepacton, Cannonsville, and Neversink Reservoirs (City Delaware Basin Reservoirs). The FFMP addresses competing needs and uses including safe and reliable water supplies to serve the needs of more than 17 million people; drought management; flood mitigation; protection of the cold water fishery; a diverse array of habitat needs in the mainstem river, estuary, and bay; and salinity repulsion. The Decree, which resolved an interstate dispute related to these reservoirs, made no provision for spill mitigation, conservation, and ecological releases. The Initial Implementation Cycle of the FFMP was from October 1, 2007 to May 31, 2011. The conceptual framework of the FFMP eliminated the reservoir storage “banks” previously relied upon for habitat protection purposes and instead based releases on reservoir storage levels, resulting in larger releases when water is abundant and smaller releases when storage is at or below Normal levels. The discharge mitigation component of the FFMP was intended to reduce the likelihood that the three reservoirs could be full and spilling coincident with a major storm or thaw. The FFMP was designed to provide an adaptive framework which allows increased flexibility for program modifications and adjustments compared to the previous operating regime. This framework provides a tool to inform program-management decisions as new scientific and technical information is accumulated. During the Initial Implementation Cycle, notable revisions to the FFMP included the following: Temporary Modifications – Such modifications have been made in support of increased reservoir releases for maintenance, inspection, and repair of the Delaware Aqueduct and appurtenant infrastructure; increased releases for supplemental flood mitigation; emergency thermal releases for protection of the cold water fishery; and enhanced summer releases through the use of Interim Excess Release Quantity (IERQ) Extraordinary Needs Banks. Permanent Changes – Such changes have been made to the FFMP agreement to allow for increased reservoir releases for habitat protection needs in late May and early September; to clarify the meaning of “temporary” releases schedules during periods of maintenance and repair of City Delaware Basin Reservoirs and appurtenant infrastructure; to address the issue of storage zone bouncing; and to allow the use of up to 100 percent of the water equivalent of snow pack for the calculation of combined storage to determine reservoir releases rates.

FLEXIBLE FLOW MANAGEMENT PROGRAM. a. Program History On September 26, 2007, the Decree Parties unanimously agreed to implement a Flexible Flow Management Program (FFMP) for operation of the three New York City reservoirs in the Delaware River Basin. The FFMP was designed to provide a more natural flow regime and a more adaptive means than the previous operating regime for managing releases and diversions from New York City’s Pepacton, Cannonsville, and Neversink Reservoirs (City Delaware Basin Reservoirs). The FFMP addresses competing needs and uses including safe and reliable water supplies to serve the needs of more than 17 million people; drought management; flood mitigation; protection of the cold water fishery; a diverse array of habitat needs in the mainstem river, estuary, and bay; and salinity repulsion. The Decree, which resolved an interstate dispute related to these reservoirs, made no provision for spill mitigation, conservation, and ecological releases. The Initial Implementation Cycle initial implementation cycle of the FFMP was from October 1, 2007 to May 31, 2011. The conceptual framework of the FFMP eliminated the reservoir storage “banks” previously relied upon for habitat protection purposes and instead based releases on reservoir storage levels, resulting in larger releases when water is abundant and smaller releases when storage is at or below Normal levels. The discharge mitigation component of the FFMP was intended to reduce the likelihood that the three reservoirs could be full and spilling coincident with a major storm or thaw. The FFMP was designed to provide an adaptive framework which allows increased flexibility for program modifications and adjustments compared to the previous operating regime. This framework provides a tool to inform program-management decisions as new scientific and technical information is accumulated. During the Initial Implementation Cycleinitial implementation cycle, notable revisions to the FFMP included the following: Temporary Modifications – Such modifications have been made in support of increased reservoir releases for maintenance, inspection, and repair of the Delaware Aqueduct and appurtenant infrastructure; increased releases for supplemental flood mitigation; emergency thermal releases for protection of the cold water fishery; and enhanced summer releases through the use of Interim Excess Release Quantity (IERQ) Extraordinary Needs Banks. Permanent Changes – Such changes have been made to the FFMP agreement to allow for increased reservoir releases for habitat protection needs in late May and early September; to clarify the meaning of “temporary” releases schedules during periods of maintenance and repair of City Delaware Basin Reservoirs and appurtenant infrastructure; to address the issue of storage zone bouncing; and to allow the use of up to 100 percent of the water equivalent of snow pack for the calculation of combined storage to determine reservoir releases rates.