State Fish Passage Law Sample Clauses

State Fish Passage Law. The measures required by this Agreement include fish passage within the meaning of ORS 509.585 approved by ODFW pursuant to Oregon Administrative Rules Chapter 635 Division 412.
Sample 1
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State Fish Passage Law. Without admission by EWEB, ODFW has determined that the measures required by this Agreement include fish passage within the meaning of ORS 509.585 at the Trail Bridge Dam and Xxxxxx Diversion Dam approved by ODFW under Oregon Administrative Rules (“OAR”) 000- 000-0000, and alternative mitigation in lieu of fish passage at the Xxxxx Dam approved by the Oregon Fish and Wildlife Commission under OAR 000-000-0000. In the event the criteria are not met for construction of a ladder at the Xxxxxx Diversion Dam as described in Section 4.3.1.2.5) of the Aquatics Management Plan, Exhibit B to this Agreement, the Xxxxxx Diversion Dam is exempted from fish passage requirements in accordance with OAR 000-000-0000, which exemption is effective upon ODFW’s approval that criteria are not met. Solely for purposes of Oregon law including the ODFW determinations regarding the application of Oregon law in the previous sentences, EWEB and ODFW reserve their respective rights regarding fish passage at Trail Bridge Dam, Xxxxxx Diversion Dam and Xxxxx Dam, including but not limited to rights under the agreement referenced in Recital I of this Agreement.
Sample 1
State Fish Passage Law. Pursuant to Oregon Laws 1999, chapter 882, PacifiCorp applied for a fish-passage waiver through the Oregon Fish and Wildlife Commission. On March 23, 2001, the commission approved the waiver. The commission and PacifiCorp subsequently entered into an MOU (the ODFW MOU) that is attached to this Agreement as Appendix E, reflecting the waiver and consistent with the terms of this Agreement and ODFW’s section 10(j) recommendations. ODFW and PacifiCorp intend that the terms contained in this Agreement, including the Tributary Enhancement Program set forth in Section 19.1 below, shall satisfy the require ments of chapter 882 and the ODFW MOU concerning fish passage or mitigation associated with Project facilities.
Sample 1

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