Gorge Bypass Reach Flows Sample Clauses

Gorge Bypass Reach Flows. The Nlaka'pamux Nation agrees that this Agreement obviates any need for flow releases in the Gorge bypass reach for TCP purposes. The Nlaka'pamux Nation shall support all efforts by the City to retain its existing water quality certificate issued by the State of Washington, Department of Ecology (WDOE) on December 17, 1991, consistent with the terms and conditions of this Agreement, including the absence of flows in the Gorge bypass reach. Should the City be required to release flows in the Gorge bypass reach at any time before the issuance of a new FERC license and for any reason, this Agreement shall be voidable at the option of the City. Should the City be required to release flows in the Gorge bypass reach at any time after the issuance of a new FERC license and for any reason, this Agreement shall give rise to an immediate right of the City to petition the FERC to reconsider or reopen applicable license provisions to reconsider all traditional cultural resources provisions in light of such requirement. Under such circumstances, the City's efforts to initiate a proceeding before the FERC to reconsider or reopen shall not be opposed by the Nlaka'pamux Nation; the Parties may, however, differ in their respective positions in such a proceeding.
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