Common use of MODIFICATION OF THE CCAA AND AMENDMENT OF THE PERMIT Clause in Contracts

MODIFICATION OF THE CCAA AND AMENDMENT OF THE PERMIT. Any Party may propose modifications or amendments to this CCAA by providing written notice to the other Party and all Participants. If WAFWA is the recipient of this notice, it will forward copies to the Participants within 10 days of receipt of the notice. If WAFWA provided written notice to the other Party, it will provide such written notice to the Participants at the same time notice is provided to the other Party. Such notice shall include a description of the proposed amendment, the justification for it, and its expected results. Upon issuance of the notice, the Party proposing the amendment will coordinate a meeting or conference call between the other Party and Participants to discuss and explain the proposal. The Parties will respond in writing or electronic mail to proposed amendments within 60 days of receipt of such notice. Proposed amendments will become effective upon the Parties’ written concurrence. Approved amendments shall be dated and attached to the original CCAA. A major amendment of the CCAA is likely to be subject to the procedural requirements of Federal laws and regulations, such as the National Environmental Policy Act (NEPA), and to require additional analysis by the FWS, public notification in the Federal Register, and a formal CCAA amendment process. A major amendment of the CCAA is one that would result in (1) a different level or type of take than was analyzed in association with the original CCAA or (2) a change to the cumulative conservation benefits to the LEPC such that the CCAA standard might not be met. In addition to amending the CCAA itself, FWS may amend the Enhancement of Survival Permit associated with this CCAA in accordance with all applicable legal requirements, including but not limited to the ESA, NEPA, and the FWS’ general permitting regulations at 50 CFR parts 13 and 17, and formal FWS policy. The amendment procedure cannot be used to impose Conservation Measures that are not provided for in the CCAA or to propose additional use restrictions without Participant consent. Participants enrolled in the CCAA prior to an amendment of the CCAA and/or the Permit will not be required to amend their CIs to accommodate an amendment that requires the commitment of additional land, water, or financial compensation or additional restrictions on the use of land, water, or other natural resources beyond the level otherwise agreed upon in the CCAA prior to the amendment. Participants, however, may voluntarily choose to adopt such amendments by amending their CIs.

MODIFICATION OF THE CCAA AND AMENDMENT OF THE PERMIT. Any Party may propose modifications or amendments to this CCAA by providing written notice to the other Party and all Participants. If WAFWA is the recipient of this notice, it will forward copies to the Participants within 10 days of receipt of the notice. If WAFWA provided written notice to the other Party, it will provide such written notice to the Participants at the same time notice is provided to the other Party. Such notice shall include a description of the proposed amendment, the justification for it, and its expected results. Upon issuance of the notice, the Party proposing the amendment will coordinate a meeting or conference call between the other Party and Participants to discuss and explain the proposal. The Parties will use their best efforts to respond in writing or electronic mail to proposed amendments within 60 days of receipt of such notice. Proposed amendments will become effective upon the Parties’ written concurrence. Approved amendments shall be dated and attached to the original CCAA. A major amendment of the CCAA is likely to be subject to the procedural requirements of Federal laws and regulations, such as the National Environmental Policy Act (NEPA), and to require additional analysis by the FWS, public notification in the Federal Register, and a formal CCAA amendment process. A major amendment of the CCAA is one that would result in (1) a different level or type of take than was analyzed in association with the original CCAA or (2) a change to the cumulative conservation benefits to the LEPC such that the CCAA standard might not be met. In addition to amending the CCAA itself, FWS may amend the Enhancement of Survival Permit permit associated with this CCAA in accordance with all applicable legal requirements, including but not limited to the ESA, NEPA, and the FWS’ general permitting regulations at 50 CFR parts 13 and 17, and formal FWS policy. The amendment procedure cannot be used to impose Conservation Measures that are not provided for in the CCAA or to propose additional use restrictions without Participant consent. Participants enrolled in the CCAA prior to an amendment of the CCAA and/or the Permit permit will not be required to amend their CIs to accommodate an amendment that requires the commitment of additional land, water, or financial compensation or additional restrictions on the use of land, water, or other natural resources beyond the level otherwise agreed upon in the CCAA prior to the amendment. Participants, however, may voluntarily choose to adopt such amendments by amending their CIs.

MODIFICATION OF THE CCAA AND AMENDMENT OF THE PERMIT. ‌ Any Party to this CCAA may propose modifications or amendments to this CCAA by providing written notice to the other Party and all ParticipantsParty. If WAFWA CEHMM is the recipient of this notice, it will forward copies to the Participants within 10 days of receipt of the notice. If WAFWA CEHMM provided written notice to the other Party, it will provide such written notice to the Participants at the same time notice is provided to the other Party. Such notice shall include a description of the proposed amendment, the justification for it, and its expected results. Upon issuance of the notice, the Party proposing the amendment will coordinate a meeting or conference call between the other Party and Participants to discuss and explain the proposal. Participants will be invited to participate in this meeting or call. The Parties will respond in writing or electronic mail to proposed amendments within 60 days of receipt of such notice. Proposed After any National Environmental Policy Act (NEPA) requirements have been met, proposed amendments will become effective upon the Partiesparties’ written concurrence. Approved amendments shall be dated and attached to the original CCAA. A major amendment of the CCAA is likely to will be subject to the procedural requirements of Federal laws and regulations, such as the National Environmental Policy Act (NEPA), and to require additional analysis by the FWS, public notification in the Federal Register, and a formal CCAA amendment process. A major amendment of the CCAA is one that would result in (1) a different level or type of take Take than was analyzed in association with the original CCAA or (2) a change to the cumulative conservation benefits to the LEPC Covered Species such that the CCAA standard might not be met. In addition to amending the CCAA itself, and subject to the notice requirements of this section, the FWS may amend the Enhancement of Survival Permit associated with this CCAA in accordance with all applicable legal requirementsrequirements including, including but not limited to to, the ESA, NEPA, and the FWS’ general permitting regulations at 50 CFR parts 13 and 17, and formal FWS policy. The amendment procedure cannot be used Amendments to impose Conservation Measures that are not provided for in the CCAA or in effect at the time the Participant executes a CI may only be applied to propose additional use restrictions without the Participant upon its written consent. Participants enrolled in the CCAA prior to an amendment of the CCAA and/or the Permit will not ; however, a CI may be required to amend their CIs amended to accommodate an amendment that requires the commitment of additional landchanges to applicable legal requirements, water, or financial compensation or additional restrictions on the use of land, water, or other natural resources beyond the level otherwise agreed upon in the CCAA prior including but not limited to the amendment. ParticipantsESA, howeverthe NEPA, may voluntarily choose to adopt such amendments by amending their CIsand the FWS’s permit regulations at 50 CFR 13 and 50 CFR 17.

MODIFICATION OF THE CCAA AND AMENDMENT OF THE PERMIT. Any Party to this CCAA may propose modifications or amendments to this CCAA by providing written notice to the other Party and all ParticipantsParty. If WAFWA CEHMM is the recipient of this notice, it will forward copies to the Participants within 10 days of receipt of the notice. If WAFWA CEHMM provided written notice to the other Party, it will provide such written notice to the Participants at the same time notice is provided to the other Party. Such notice shall include a description of the proposed amendment, the justification for it, and its expected results. Upon issuance of the notice, the Party proposing the amendment will coordinate a meeting or conference call between the other Party and Participants to discuss and explain the proposal. Participants will be invited to participate in this meeting or call. The Parties will respond in writing or electronic mail to proposed amendments within 60 days of receipt of such notice. Proposed After any National Environmental Policy Act (NEPA) requirements have been met, proposed amendments will become effective upon the Partiesparties’ written concurrence. Approved amendments shall be dated and attached to the original CCAA. A major amendment of the CCAA is likely to will be subject to the procedural requirements of Federal laws and regulations, such as the National Environmental Policy Act (NEPA), and to require additional analysis by the FWS, public notification in the Federal Register, and a formal CCAA amendment process. A major amendment of the CCAA is one that would result in (1) a different level or type of take Take than was analyzed in association with the original CCAA or (2) a change to the cumulative conservation benefits to the LEPC Covered Species such that the CCAA standard might not be met. In addition to amending the CCAA itself, and subject to the notice requirements of this section, the FWS may amend the Enhancement of Survival Permit associated with this CCAA in accordance with all applicable legal requirementsrequirements including, including but not limited to to, the ESA, NEPA, and the FWS’ general permitting regulations at 50 CFR parts 13 and 17, and formal FWS policy. The amendment procedure cannot be used Amendments to impose Conservation Measures that are not provided for in the CCAA or in effect at the time the Participant executes a CI may only be applied to propose additional use restrictions without the Participant upon its written consent. Participants enrolled in the CCAA prior to an amendment of the CCAA and/or the Permit will not ; however, a CI may be required to amend their CIs amended to accommodate an amendment that requires the commitment of additional landchanges to applicable legal requirements, water, or financial compensation or additional restrictions on the use of land, water, or other natural resources beyond the level otherwise agreed upon in the CCAA prior including but not limited to the amendment. ParticipantsESA, howeverthe NEPA, may voluntarily choose to adopt such amendments by amending their CIsand the FWS’s permit regulations at 50 CFR 13 and 50 CFR 17.