Common use of Spill Clause in Contracts

Spill. For the 2002 and 2003 juvenile migrations, spill will supplement the bypass system as set forth below. For the 2004, 2005, and 2006 juvenile migrations, spill will supplement the bypass system, as necessary to achieve the fish passage efficiency required by Section 5.4.1 (a) above. For the 2007 juvenile migration and beyond, spill will supplement the bypass system as necessary to achieve the survival standards as set forth in Section 5.3 “Phased Implementation of Measures to Achieve the Survival Standards”(see also Figure 1 “Survival Standard Decision Matrix”). In the spring 2002 and 2003, the District will spill fifteen percent of the Daily Estimated Flow during a period coinciding with the 95% passage of each spring migrating Plan Species’ juvenile migration. However, spring spill shall be increased to twenty-five percent of the Daily Estimated Flow during the period coinciding with the passage of the juvenile sockeye salmon migration, provided that, twenty-five percent spill not exceed twenty-one (21) days in duration. The Coordinating Committee shall decide when sockeye spill starts and ends. Spring spill shall begin no later than April 20th of each year, but the date may be adjusted by the Coordinating Committee based upon in- season migration information. Spring spill shall generally end no later than June 15th of each year, but the date may be adjusted by the Coordinating Committee based upon in- season migration information. In the summer 2002 and 2003, the District will spill fifteen percent of the Daily Estimated Flow during a period coinciding with the 95% passage of the sub-yearling chinook juvenile migration. Summer spill shall begin no later than July 1st of each year, but the date may be adjusted by the Coordinating Committee based upon in-season migration information. Summer spill shall generally end no later than August 15th of each year, but the date may be adjusted by the Coordinating Committee based upon in-season migration information. The Coordinating Committee shall investigate the need for a spill efficiency study in the summer of 2003. The Coordinating Committee shall also investigate the potential for changing spill operations to utilize the agreed to spill levels more efficiently.

Spill. For The District shall use spill as the 2002 and 2003 juvenile migrations, spill will supplement the salmonid bypass system as at Rock Island Dam under the criteria set forth out below. For the 2004, 2005, and 2006 juvenile migrations, The District shall spill will supplement the bypass system, as necessary to achieve the fish passage efficiency required by Section 5.4.1 (a) above. For the 2007 juvenile migration and beyond, spill will supplement the bypass system as necessary to achieve the survival standards as set forth in Section 5.3 “Phased Implementation of Measures to Achieve the Survival Standards”(see also Figure 1 “Survival Standard Decision Matrix”). In the spring 2002 and 2003, the District will spill fifteen twenty percent of the Daily Estimated Flow during a period coinciding with the to encompass 95% passage of each spring migrating Plan Species’ juvenile migration. However, The start of spill in the spring spill shall be increased to twenty-five percent of the Daily Estimated Flow during the period coinciding with the passage of the juvenile sockeye salmon migration, provided that, twenty-five percent spill not exceed twenty-one (21) days in duration. The Coordinating Committee shall decide when sockeye spill starts and ends. Spring spill shall begin no later than April 20th of each year17th, but the date may be adjusted by the Coordinating Committee based upon in- on in-season migration information. Spring spill shall generally end no later than June 15th of each year, but the date may be adjusted unless otherwise agreed to by the Coordinating Committee based upon in- on in-season migration information. In the summer 2002 and 2003, the District will spill fifteen percent of the Daily Estimated Flow during a period coinciding with the 95% passage of the sub-yearling chinook juvenile migration. Summer spill shall begin no later than July 1st 1 of each year, but the date may be adjusted unless otherwise agreed to by the Coordinating Committee based upon on in-season migration information. Summer spill shall generally will end no later than August 15th of each year, but the date may be adjusted year unless otherwise agreed to by the Coordinating Committee based upon on in-season migration information. Spill outside the specified dates above will occur when it can be demonstrated it is necessary to encompass 95% of the juvenile migration of a Plan Species. The basis for making this determination shall be based on the number of fish captured at the second powerhouse juvenile fish bypass system, compared to the average since 1985. Water will not be spilled for fish past August 31 unless a Party to this agreement provides evidence to the Coordinating Committee that the run timing is such that significant component of a Plan Species migrates through the Forebay, Dam and Tailrace outside the usual migration period (April 1 through August 31). Additional run timing information and species composition monitoring shall investigate be conducted once every 10 years (or on a yearly basis if the need for second powerhouse bypass trap continues to operate) in order to verify that a spill efficiency study in significant component (greater than 5%) of the summer of 2003. The juvenile migration is not present outside the normal bypass operating period (April 1 through August 31) and to verify that the operations established by the Coordinating Committee shall also investigate are adequately protecting 95% of the potential for changing spill operations to utilize the agreed to spill levels more efficientlyspring and summer migrations of juvenile Plan Species.