Payments For Material or Non-Material Violation of Agreement Flow Schedules. For any Material or Non-Material Violation of Agreement Flow Schedules of Agreement Flow Schedules, YCWA will make a payment into the River Management Fund, General Account, in addition to the payments described in section 5.3.2. For each day during which such a violation occurs, the amount of the payment will be $100 times the number of percentage points by which the actual flow was less than the required flow, up to a maximum of $1,000. For example, if the applicable five-day running average requirement on a particular day was 1,000 cfs and the actual five-day running average on that particular day was 970 cfs, then the payment for that day would be $300. (970 cfs is 30 cfs, or 3 percentage points of 1,000, less than 1,000.) As a second example, if the applicable requirement on a particular day was 400 cfs and the actual lowest instantaneous flow on that day was 336 cfs, then the payment for that day would be $600. (90% of 400 = 360; 336 is 24 cfs, or 6 percentage points of 400, less than 360.) In no case will the payment for any one day exceed $1,000. For any Material Violation of Agreement Flow Schedules, YCWA will make both the payment required by this section and the payment required by section 6.1.4. YCWA’s obligation to make payments under this section will be reduced by the amount of any payment that YCWA must make under Water Code section 1052 for the same day. (If YCWA already has made a payment to the RMF under this section when it makes a payment under Water Code section 1052 for the same day, then YCWA’s obligation to make future payments to the RMF will be reduced by the amount of such payment under section 1052.)
Appears in 5 contracts
Samples: Fisheries Agreement, River Fisheries Agreement, Fisheries Agreement
