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(2) Anticipated benefits <br />In cases where reregulation with intentional bypass of EA water would not be expected to <br />provide improvements in the magnitude and duration of the high flows or other flows, <br />nor contribute to the effectiveness of achieving other habitat objectives such as channel <br />sediment mobilization, the FWS is unlikely to call for an intentional bypass or <br />reregulation. <br />(3) Magnitude, duration, and effectiveness of peak flow events occurring over the <br />previous 12 months. <br />If a pulse flow of unusually high magnitude (e.g., approaching or exceeding 8,000 cfs) <br />occurred across the habitat reach over the previous year, and these flows were effective at <br />scouring in-channel vegetation, reworking sediment, improving habitat for the target <br />species, or achieving similar Program management objectives, the FWS may determine <br />that it is a low priority to use EA water to generate a short-duration high flow in the <br />current year, and thus may not request a bypass or reregulation for pulse flow purposes. <br />(4) Other circumstances <br />Additional considerations may be important. For example, a reregulation and EA bypass <br />request may be needed to test the effectiveness of alternative flow routing strategies, <br />particularly during earlier, experimental EA releases. <br />b. In the event that the EA Manager calls for reregulation with or without intentional EA <br />bypasses to enhance peak, pulse or other short-duration high flows, the Districts will not <br />unreasonably decline to provide the requested reregulation and intentional EA bypass flows. <br />Reasonable causes for declining to provide reyuested reregulation with or without intentional <br />bypass include prior nonpayment by the Program under paragraphs c.(1) and (2) below, the <br />Program not providing EA water for system refill per subparagraph c.(3) below, and <br />disagreement by the State of Nebraska's Department of Natural Resources with water accounting <br />to implement subparagraph c.(3) below to avoid impacts on either Districts' water supply. <br />Regulation and intentional bypass will be available as follows: <br />(1) To assist in creating or enhancing peak, pulse or short duration high flows below <br />the J-2 Return, at the Environmental Account (EA) Manager's request CNPPID <br />will regulate up to 12,000 acre-feet annually of water diverted at CNPPID's <br />diversion dam under CNPPID's power use appropriations, and retime the return <br />of that water to coincide with releases made from the EA in Lake McConaughy. <br />The amount of regulation available may be limited by CNPPID to less than <br />12,000 acre-feet in some years or some times of the year depending on anticipated <br />impacts on project facilities, anticipated impacts on others (e.g., downstream <br />flooding, damage to other river facilities), conflicting operational or licensing <br />reyuirements such as implementation of the Flow Attenuation Plan, and <br />compliance with other agreements. (The initial test will be 4,000 acre-feet in <br />February, March, or April after which, and prior to planning for the subsequent <br />August 8, 2006 Water Management Process 4