Common use of Initiation of Management Response Actions Pursuant to the Operation Plan Clause in Contracts

Initiation of Management Response Actions Pursuant to the Operation Plan. During the Operational Period, the Management Committee shall utilize the Operation Plan to determine management response actions that are a measured and reasonable response to the scope, magnitude and extent of the identified effect caused by pumping from SNWA's groundwater production xxxxx upon the hydrologic, biologic and air resources within or as a result of atmospheric transport from the Area of Interest. Based upon the Parties understanding that development of groundwater by SNWA in the Snake Valley HB will result in changes to the existing hydrologic and biologic conditions and may potentially effect the air resources within or as a result of atmospheric transport from the defined Area of Interest, but that not all such changes are unreasonable, the Management Committee shall determine and execute management response actions that are a measured and reasonable response to the scope, magnitude and extent, large or small, of the identified effect. As part of the determination, the Management Committee shall take all necessary steps to ensure that management response actions are: 1) scientifically sound; 2) can be engineered and implemented in a reasonable manner; 3) are implemented in a timely manner. However, the Parties agree that no management response action may be selected which has 1) the effect of violating the letter or the spirit of the Conservation Agreements and Strategies for the Least Chub and Columbia Spotted Frog, or any successor agreement, or 2) otherwise causes the existing viable population of a species to decline to an extent which necessitates the species come under the purview of the Endangered Species Act, (16 U.S.C. 1531, et. seq.) including Candidate Species provisions, or 3) causes or contributes significantly to a violation of an applicable National Ambient Air Quality Standard (NAAQS) standard or Prevention of Significant Deterioration (PSD) increment. Available management response actions include, but are not limited to, the following: • Geographic redistribution of groundwater withdrawals; • Reduction or cessation in groundwater withdrawals; • Provision of consumptive water supply requirements using surface and/or groundwater sources; • Acquisition of real property and/or water rights dedicated to the recovery of the Special Status Species within the current and historic habitat range within the Tier I and/or Tier II Monitoring Areas; • Augmentation of water supply and/or acquisition of water rights for using surface and groundwater sources; and • Other measures as agreed to by the Management Committee, or required by the Nevada State Engineer.

Initiation of Management Response Actions Pursuant to the Operation Plan. During the Operational Period, the Management Committee shall utilize the Operation Plan to determine management response actions that are a measured and reasonable response to the scope, magnitude and extent of the identified effect caused by pumping from SNWA's groundwater production xxxxx upon the hydrologic, biologic and air resources within or as a result of atmospheric transport from the Area of Interest. Based upon the Parties understanding that development of groundwater by SNWA in the Snake Valley HB will result in changes to the existing hydrologic and biologic conditions and may potentially effect the air resources within or as a result of atmospheric transport from the defined Area of Interest, but that not all such changes are unreasonable, the Management Committee shall determine and execute management response actions that are a measured and reasonable response to the scope, magnitude and extent, large or small, of the identified effect. As part of the determination, the Management Committee shall take all necessary steps to ensure that management response actions are: 1) scientifically sound; 2) can be engineered and implemented in a reasonable manner; 3) are implemented in a timely manner. However, the Parties agree that no management response action may be selected which has 1) the effect of violating the letter or the spirit of the Conservation Agreements and Strategies for the Least Chub and Columbia Spotted Frog, or any successor agreement, or 2) otherwise causes the existing viable population of a species to decline to an extent which necessitates the species come under the purview of the Endangered Species Act, (16 U.S.C. 1531, et. seq.) including Candidate Species provisions, or 3) causes or contributes significantly to a violation of an applicable National Ambient Air Quality Standard (NAAQS) standard or Prevention of Significant Deterioration (PSD) increment. Available management response actions include, but are not limited to, the following: •  Geographic redistribution of groundwater withdrawals; •  Reduction or cessation in groundwater withdrawals; •  Provision of consumptive water supply requirements using surface and/or groundwater sources; •  Acquisition of real property and/or water rights dedicated to the recovery of the Special Status Species within the current and historic habitat range within the Tier I and/or Tier II Monitoring Areas; •  Augmentation of water supply and/or acquisition of water rights for using surface and groundwater sources; and •  Other measures as agreed to by the Management Committee, or required by the Nevada State Engineer.

Initiation of Management Response Actions Pursuant to the Operation Plan. During the Operational Period, the Management Committee shall utilize the Operation Plan to determine management response actions that are a measured and reasonable response to the scope, magnitude and extent of the identified effect caused by pumping from SNWA's groundwater production xxxxx upon the hydrologic, biologic and air resources within or as a result of atmospheric transport from the Area of Interest. Based upon the Parties understanding that development of groundwater by SNWA in the Snake Valley HB will result in changes to the existing hydrologic and biologic conditions and may potentially effect the air resources within or as a result of atmospheric transport from the defined Area of Interest, but that not all such changes are unreasonable, the Management Committee shall determine and execute management response actions that are a measured and reasonable response to the scope, magnitude and extent, large or small, of the identified effect. As part of the determination, the Management Committee shall take all necessary steps to ensure that management response actions are: 1) scientifically sound; 2) can be engineered and implemented in a reasonable manner; 3) are implemented in a timely manner. However, the Parties agree that no management response action may be selected which has 1) the effect of violating the letter or the spirit of the Conservation Agreements and Strategies for the Least Chub and Columbia Spotted Frog, or any successor agreement, or 2) otherwise causes the existing viable population of a species to decline to an extent which necessitates the species come under the purview of the Endangered Species Act, (16 U.S.C. 1531, et. seq.) including Candidate Species provisions, or 3) causes or contributes significantly to a violation of an applicable National Ambient Air Quality Standard (NAAQS) standard or Prevention of Significant Deterioration (PSD) increment. Available management response actions include, but are not limited to, the following: • Geographic redistribution of groundwater withdrawals; • Reduction or cessation in groundwater withdrawals; • Provision of consumptive water supply requirements using surface and/or groundwater sources; • Acquisition of real property and/or water rights dedicated to the recovery of the Special Status Species within the current and historic habitat range within the Tier I and/or Tier II Monitoring Areas; • Augmentation of water supply and/or acquisition of water rights for using surface and groundwater sources; and • Other measures as agreed to by the Management Committee, or required by the Nevada State Engineer.