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Draft Catawba-Wateree Comprehensive Relicensing Agreement (CRA)
Draft CRA Modifications
Distributed to CRA Parties March 31, 2016
Introduction
On February 29, 2016, Comprehensive Relicensing Agreement (CRA) Parties reviewed five proposed CRA
modifications, including draft language for each. These modifications are summarized in the following
table.
Affected
CRA Party Requesting Affected CRA
Proposed Modification License
(Reason) Section(s)
Section(s)
Paragraph 103,
page 27
Change 6,000 cfs recreation flow release at Carolina Canoe Club Appendix A,
Appendix E,
Wylie Hydro Station to 3,000 cfs (Safety) page A-6
pages 145 and
146
Kershaw County, SC and
Repurpose East Wateree Access Area SC Department of
10.27.35.4N/A
funding Natural Resources
(Changed circumstances)
Belmont, NC,
Mecklenburg County, NC
Additional option for funding for Upper
and Duke Energy 10.27.21.3N/A
Wylie Motorboat Launch Improvements
(Improve drought
resiliency)
Project Works
Description,
Duke Energy page 88
Technology flexibility for high-water
(Thorough consideration 14.6.3Paragraph 198,
management at Lake Wateree
of options) page 59
Article 301,
page 96
Add six inches to James, Norman, and Wylie Duke Energy and other
summer Normal Target Elevations CRA Parties that are also Appendix A, Appendix E,
(Catawba-Wateree Water Management CWWMG Members pages A-1 and pages 140 and
Group’s (CWWMG) Water Supply Master (Improve drought A-2141
Plan) resiliency)
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Draft Catawba-Wateree Comprehensive Relicensing Agreement (CRA)
Draft CRA Modifications
Distributed to CRA Parties March 31, 2016
Modification Process
CRA Section 24 defines the requirements for modifying the CRA. In consideration of these requirements,
Parties at the February 29 meeting agreed to the following modification steps:
1.Duke Energy: Send Draft CRA Modifications to all Designated Party Representatives in March
(this step has been fulfilled via distribution of this document)
2.All Parties: Return comments on Draft CRA Modifications to Duke Energy (Mark Oakley) by
Monday, May 2, 2016
3.Final Agreement Committee (FAC): Meet to finalize CRA Modifications (May 2016)
4.Duke Energy: Distribute Final CRA Modifications to all CRA Parties via written notice per CRA
Section 29 by May 31, 2016
5.All Parties: Return the following items to Duke Energy within 60 days after receiving Final CRA
Modifications:
a.Signed agreement to Final CRA Modifications (please remember any Party who fails to
respond within 60 days shall be deemed to have consented to the proposed
modifications in accordance with CRA Section 24)
b.Party authorization for individual agreeing to Final CRA Modifications
c.Confirmation of CRA Designated Representative for your organization
Proposed Modifications
The individual CRA modifications are presented in more detail in the remainder of this document. Each
modification includes background information explaining the reasons leading to each modification
followed by the proposed modified language for the applicable CRA section shown in Word track
changes.
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Draft Catawba-Wateree Comprehensive Relicensing Agreement (CRA)
Draft CRA Modifications
Distributed to CRA Parties March 31, 2016
Change 6,000 cfs recreation flow release at Wylie Hydro Station to 3,000 cfs
Appendix A-2.0 in the CRA lists a series of recreational flows for five sections of the Catawba-Wateree
River.
These flow rates were not chosen arbitrarily, but are based on actual flow studies, which were carried
out in 2004. Duke Energy made a series of different flow releases and groups of canoeists and kayakers
of varying skill levels made an assessment of what was considered to be a suitable level. The flow tables
in the CRA reflect the outcome of these assessments.
Duke Energy made the decision to follow the CRA recreational flows voluntarily as soon as the original
CRA was signed, rather than wait for the license to be issued. With the delay in FERC issuing the license,
this has given us seven full seasons of experience. With one exception these flows have worked out as
anticipated.
The area of concern is the recreation flow releases from Lake Wylie. Here the CRA calls for 3,000 cubic
foot per second (cfs) recreation flow releases in the spring and fall and 6,000 cfs recreation flow releases
during the summer. 6,000 cfs was included because it was thought that the higher water level gave the
paddling trip an added experience value.
During the past seven years paddlers, including the Carolina Canoe Club, have been able not only to
assess the flows, but also to get a feel for the type of boater using this section. Paddlers have found that
3,000 cfs provides a perfectly satisfactory experience, but the 6,000 cfs level has proved to be a
challenge to the skill levels of the more typical paddlers using this section. In fact, for safety reasons
Catawba River Expeditions – one of the few outfitters running commercial trips on this section of the
river – has chosen not run river trips at the 6,000 cfs level. Tubing has increased in popularity and this
adds to the need to drop back to 3,000 cfs throughout the season.
This modification is proposed by the Carolina Canoe Club and has been discussed by the Final
Agreement Committee. If approved by the CRA Parties, the reduction to 3,000 cfs will be submitted to
the SC water quality certification organizations for amendment of water quality certifications and to the
FERC for amendment of the New License.
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Proposed CRA modification - Appendix A, page A-6:
(C)(C) Wylie Development – Within 60 days following issuance of this license, the Licensee shall provide
recreational flow releases at the Wylie Development in accordance with the following schedule in the
table below. In addition, the Licensee shall, from May 1 to July 15 inclusive, release at least 1,300 cfs for
six hours prior to the recreational flow release scheduled start times shown in the table below to ensure
suitable water levels at Landsford Canal State Park.
Wylie Development Recreational Flow Schedule
Formatted: Bullets and Numbering
Flow (at or
Dates
above)
Days / Description
Hour Start Hour End
(inclusive)
(cfs)
Last full weekend – Saturday
Apr 1-Apr 30 3,000 10:00 am 4:00 pm
and Sunday
Each Friday, Saturday and
May 1-Jun 153,000 10:00 am 4:00 pm
Sunday plus Memorial Day
Each Friday, Saturday and
6,0003,000 10:00 am 4:00 pm
Jun 16-Jul 15 Sunday plus Independence
Day
Jul 16-
6,0003,000 10:00 am 4:00 pm
Each Saturday and Sunday
Aug 31
Sep 1-
Each Friday, Saturday and
6,0003,000 10:00 am 4:00 pm
Sunday plus Labor Day
Sep 30
Oct 1-Oct 31 Each Saturday and Sunday 3,000 10:00 am 4:00 pm
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Draft Catawba-Wateree Comprehensive Relicensing Agreement (CRA)
Draft CRA Modifications
Distributed to CRA Parties March 31, 2016
Repurpose East Wateree Access Area funding
One of the key relicensing interests of the SC Department of Natural Resources (SCDNR) was the
protection of land for habitat conservation and public recreation in the Catawba-Wateree River Basin,
focusing on protecting larger tracts of undeveloped property located on the east side of Cedar Creek
Reservoir (Stumpy Pond) and Lake Wateree. In 2013, using state and federal funding, SCDNR purchased
1,628 acres from The Conservation Fund, which had purchased a 3,457-acre tract on the east side of
Lake Wateree owned by Greenwood Development. This area is called the Liberty Hill Wildlife
Management Area. SCDNR has a time-sensitive option to purchase the remainder of the property from
The Conservation Fund (1,829 acres).
On February 24, 2016, SCDNR requested the FAC support Duke Energy’s release of funding under CRA
Section 4.6.2 prior to the FERC’s action on Duke Energy’s Request for Rehearing filed on December 21,
2015 to complete the purchase of the Liberty Hill property as soon as possible and before the June 2016
closing deadline. CRA Section 4.6.2 (Mitigation Fund) provides SCDNR with $1 million to use for various
fish and wildlife-related activities. This funding has now grown to $1,094,197 due to an escalation clause
in the CRA. The FAC had a thorough discussion of this request, which is compatible with the uses
described under CRA Section 4.6.2., and supported this request at its meeting on February 24, 2016.
The FAC also discussed SCDNR and Kershaw County’s mutual desire to have the CRA Section 10.27.35.4
money repurposed to allow for its use for activities covered under CRA Section 4.6.2 provided it is not
used for enhancing public boating access on the east side of Lake Wateree as it is currently designated in
the CRA. The FAC supports this repurposing of the CRA Section 10.27.35.4 funding, but such repurposing
cannot take place unless and until the CRA is modified.
The innovation shown by SCDNR and flexibility shown by the FAC will result in more natural resource
protections than originally anticipated in the CRA and this is a value-added modification.
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Draft Catawba-Wateree Comprehensive Relicensing Agreement (CRA)
Draft CRA Modifications
Distributed to CRA Parties March 31, 2016
Proposed CRA modification – Section 10.27.35.4:
10.27.35.4 East Wateree Access Improvements – Provided that Kershaw County, SC
is a Party to this Agreement and that Kershaw County, SC acquires in fee-simple
ownership suitable property that adjoins the Licensee's property on the east side of
Lake Wateree, the Licensee shall provide funding to Kershaw County, SC (up to
$900,000 total), within five years following the FERC’s issuance of the New License
and the closure of all rehearing and administrative challenge periods related to
recreation, for the County to construct two motorized boat ramps with a courtesy
dock, paved and lighted parking, and a swimming area with bathhouse and paved
parking on the County-acquired property to improve public access to the east side
of Lake Wateree. Kershaw County, SC shall manage the access area and shall
maintain all facilities. This new access area shall not be included in the FERC Project
Boundaries.
If Kershaw County, SC is not a Party to this Agreement, or if the County does not
acquire suitable property in fee-simple ownership that adjoins the Licensee’s
property on the east side of Lake Watereeor chooses not to develop the described
amenities within that first five years, then the Licensee shall make its funding, up to
$900,000 total, available, within ten years following the FERC’s issuance of the New
License and the closure of all rehearing and administrative challenge periods related
to recreationone year, to other state or local governments that will agree to provide
these public recreation amenitiesthe SCDNR to support enhancement and
protection of fish and wildlife populations, including rare, threatened or endangered
species in the Catawba-Wateree River Basin; biodiversity protection and
enhancement; environmental outreach programs; and/orand the purchase of land
in the Catawba-Wateree River Basin for conservation, wildlife management and/or
compatible public recreation.. If the SCDNR does not agree to provide these
amenitiesuse this funding in this manner, the Licensee shall be under no obligation
to provide these funds described in this Paragraph 10.27.35.4.
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Draft Catawba-Wateree Comprehensive Relicensing Agreement (CRA)
Draft CRA Modifications
Distributed to CRA Parties March 31, 2016
Additional option for funding for Upper Wylie Motorboat Launch Improvements
Mecklenburg County, NC has communicated informally to Duke Energy it may not be interested in
developing motorboat launch amenities on its property on Lake Wylie where Highway 74 crosses. On
February 29, 2016, Duke Energy presented to CRA Parties modified language for CRA Section 10.27.21.3
creating a new option for use of CRA funding to deepen an existing boat ramp(s) at the Copperhead
Access Area, creating needed access to Lake Wylie during drought conditions.
On March 18, 2016, Duke Energy met with state and local governments along this section of Lake Wylie
to assess their interest in supporting motorboating on Lake Wylie in accordance with CRA Section
10.27.21.3. The City of Belmont described its plans, including boat launch amenities, for Kevin Loftin
Park, located almost directly across the river from the property owned by Mecklenburg County and also
adjoining the Highway 74 Bridge.
The meeting produced new draft CRA modification language representing a shared use of CRA funding
and a value-added outcome for Lake Wylie recreation. As described in more detail below, the funding
would be split between the City of Belmont, NC to support the motorboat launch amenities anticipated
in the original CRA language and Mecklenburg County, NC to deepen the existing boat ramp(s) at
Copperhead Access Area on Lake Wylie.
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Draft Catawba-Wateree Comprehensive Relicensing Agreement (CRA)
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Distributed to CRA Parties March 31, 2016
Proposed CRA modification – Section 10.27.21.3:
10.27.21.310.27.21.3 Upper Wylie Access Area – Provided that Mecklenburg
County, NC is a Party to this Agreement and that Mecklenburg County, NC owns and
provides suitable land at the Highway 74 Bridge, the Licensee shall provide to the
County up to $435,000 for the County to construct a double-lane concrete boat
ramp with metal courtesy dock and paved and lighted parking for up to 100 vehicles
and trailers within five years following FERC issuance of the New License and the
closure of all rehearing and administrative challenge periods related to recreation.
Formatted: Bullets and Numbering
The County shall maintain the boating access facility.
If Mecklenburg County, NC is not a Party to this Agreement, chooses not to receive
the funding or not to build the subject access area, or does not build the subject
access area in the first five years following the FERC’s issuance of the New License
and the closure of all rehearing and administrative challenge periods related to
recreation, then the Licensee shall providemake make its fundingits funding (up to
$435,000) available available to other state or local government entities within ten
five years following the FERC’s issuance of the New License and the closure of all
rehearing and administrative challenge periods related to recreation andto be
divided equally tobetween Mecklenburg County, NC and the City of Belmont, NC
(provided each is a both are Partyies to this Agreement). The City of Belmont shall
use its funding to develop for the construction of these public motorboating access
facilities at the Kevin Loftin Park adjoining the Highway 74 Bridge provided it agrees
to maintain the enhancements for the term of the New License. Mecklenburg
County, NC shall use its funding to make or arrange for enhancements (e.g., new
boat ramp and/or extension of existing boat ramp(s) with other supporting
amenities) at the existing Copperhead Access Area to facilitate launching and
retrieval of motorboats with Lake Wylie at levels well below its Normal Minimum
Elevation (target boat ramp use down to at least 91.0 ft local datum), provided
Mecklenburg County, NC (the current Copperhead Access Area lessee) agrees to
maintain the enhancements for the term of the New License. another location in the
portion of Lake Wylie that is north of Allen Steam Station (preferably near the
Highway 74 Bridge). The state or local government entity must provide suitable land
that it owns in fee simple, and must agree to maintain the facilities for the term of
the New License. Regardless of the location, this Upper Wylie Access Area shall not
be included in the FERC Project Boundaries.
If Mecklenburg County, NC is a Party to this Agreement and iIf no other state or
local government entity provides suitable land for an Upper Wylie Access Area
within the timeframe stated in the immediately preceding sub-paragraph, the
Licensee shall use these funds (up to $435,000) to make or arrange for
enhancements (e.g., new boat ramp and/or extension of existing boat ramp(s) with
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Draft Catawba-Wateree Comprehensive Relicensing Agreement (CRA)
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other supporting amenities) at the existing Copperhead Access Area to facilitate
launching and retrieval of motorboats with Lake Wylie at levels well below its
Normal Minimum Elevation (target boat ramp use down to at least 91.0 ft local
datum), provided Mecklenburg County, NC (the current Copperhead Access Area
lessee) agrees to maintain the enhancements for the term of the New License.
If either Mecklenburg County, NC or the City of Belmont, NC dodoes not use its
share of this funding as described, the funding will revert to the other pParty.
If Mecklenburg County, NC does not agree to maintain the Copperhead Access Area
enhancements for the term of the New LicenseIf neither Mecklenburg County, NC
nor the City of Belmont, NC use its funding as described, , then the Licensee shall be
under no obligation to provide the funding or make the enhancements in this
Paragraph 10.27.21.3.
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Draft Catawba-Wateree Comprehensive Relicensing Agreement (CRA)
Draft CRA Modifications
Distributed to CRA Parties March 31, 2016
Technology flexibility for high-water management at Lake Wateree
Both the CRA and the New License issued by the FERC on November 25, 2015 discuss Duke Energy
implementing flood management improvements at the Wateree Development by installing a bladder
dam on the existing spillway capable of providing an additional 10,000 cfs of flow release capacity. As-
written, a bladder dam is the only technology available to Duke Energy to implement this modification.
While a bladder dam is an effective and low-cost option, Duke Energy is also sensitive to unanticipated
occurrences such as the bladder dam failing and the inability to re-inflate it until Lake Wateree lowers by
several feet in order to make necessary repairs and re-inflate the bladders.
Duke Energy is seeking the flexibility in both the CRA and the New License to evaluate and consider
other technology options before making a final decision. Any such future option would be designed to
deliver the 10,000 cfs of flow release capacity which is the same design basis as would be used to design
a bladder dam.
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Draft Catawba-Wateree Comprehensive Relicensing Agreement (CRA)
Draft CRA Modifications
Distributed to CRA Parties March 31, 2016
Proposed CRA modification - 14.6.3:
14.6.3 Flood Management at Lake Wateree
14.6.3.1 The Parties agree that installing a bladder dam (similar in concept to the
Bridgestone Rubber Dam Option evaluated in the Wateree High Water Level
Management Study (Operations 08) conducted during the relicensing process) or
otheranother flow release technology onalong the dam’s spillway of sufficient
height and length to provide approximately 10,000 cfs flow release capacity with
the reservoir at full pond elevation will improve the Licensee’s flood management
capabilities at Lake Wateree, but that it will not prevent flooding on Lake Wateree
above any specific elevation.
14.6.3.2 The Parties agree that the existing flood easements held by the Licensee on
Lake Wateree shall remain in place.
14.6.3.3 The Parties understand that even with the bladder dam (or otherimproved
flow release technology), water elevations in the upstream areas of Lake Wateree
may be substantially higher during flood events than the water elevations at
Wateree Dam.
14.6.3.4 The Parties agree that, except for government entities with specific
statutory responsibilities at the Project related to flood management, Parties to this
Agreement shall not advocate for or request the installation of other or additional
flood management structural improvements at or adjoining any Project dam or
reservoir prior to issuance of the New License and the closure of all rehearing and
administrative challenge periods.
14.6.3.5 The Parties agree that, except for government entities with specific
statutory responsibilities at the Project related to flood management, Parties to this
Agreement shall not advocate for or request the installation of other or additional
flood management structural improvements at or adjoining Wateree Dam or Lake
Wateree for at least the first 10 years following completion of the modifications to
Wateree Dam.
14.6.3.6 Provided that all of the following conditions are met, the Licensee shall
modify Wateree Dam to improve its ability to manage flooding events by removing a
portion of the existing concrete from the dam’s crest and installing an improved
flow technology, such as a bladder dam (similar in concept to the Bridgestone
Rubber Dam Option evaluated in the Wateree High Water Level Management Study
(Operations 08) conducted during the relicensing process) or otheranother flow
release technology onalong the dam’s spillway, such bladder dam of sufficient
height and length to provide approximately 10,000 cfs flow release capacity with
the reservoir at full pond elevation.
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Draft Catawba-Wateree Comprehensive Relicensing Agreement (CRA)
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Add six inches to James, Norman, and Wylie summer Normal Target Elevations (CWWMG’s Water
Supply Master Plan)
This strategy was evaluated as part of the Catawba-Wateree Water Management Group’s (CWWMG)
Water Supply Master Plan (WSMP) development (http://www.catawbawatereewmg.org/water-supply-
master-plan/read-the-report/). It involves raising the summer target operating levels six inches in three
of the larger Catawba-Wateree reservoirs (Lake James, Lake Norman and Lake Wylie). As recommended
in the WSMP, an operating level increase in these reservoirs would represent access to a greater volume
of water during typically drier summer months than is currently available under the existing target
elevations. Modeling results indicate that this strategy, alone, could extend the water yield of the
Catawba-Wateree lake system by one decade beyond the baseline conditions. When coupled with
other strategies recommended in the WSMP, this strategy will help extend the system water yield by an
additional 40 to 50 years beyond baseline conditions, for an adequate water supply lasting into the next
century.
This operational modification was modeled for any significant risk of exacerbating downstream high-
water events. Both the number of spill events and the duration of spill events (days over local elevation
100.2 ft and days over local elevation 103 ft) were checked. Out of a base analysis period of record of
29,330 days (82 years), the number of spill events at the locations checked below ranged from +11.1%
to -4.29% and the change in the number of spill days never exceeded 0.09%. This operational
modification creates no significant increase in the risk of high-water events.
Note 1 – Baseline Scenario uses New License requirements, projected water withdrawals, and more frequent LIP responses as
discussed in the WSMP
Note 2 – Six-inch Summer Target Increase applies May 1 – October 1
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Draft Catawba-Wateree Comprehensive Relicensing Agreement (CRA)
Draft CRA Modifications
Distributed to CRA Parties March 31, 2016
Proposed CRA modification - Appendix A, pages A-1 and A-2:
ARTICLE – Reservoir Elevations
Reservoir Elevations – Within 60 days following the issuance of this license, to protect and
(A)
enhance the Project’s values that may be affected by reservoir level fluctuations, the Licensee
shall maintain the elevations of the Project reservoirs between the Normal Minimum and
Normal Maximum Elevations indicated in the tables below and shall endeavor in good faith to
achieve the Normal Target Elevations in the tables. All elevations in the tables below are
relative to the top of the dam (including floodgates and flashboards where applicable) with
100.0 ft. = Full Pond Elevation. The elevations included in the tables are for the first day of the
given month; elevations for other days of the month are determined by linear interpolation.
Lake James (Full Pond is 1200.0 ft. above Mean Sea Level (MSL))
Normal Minimum Normal Maximum
Month Normal Target (ft.)
(ft.) (ft.)
January 93 96 100
February 92 94 100
March 92 95 100
April 92 96 100
98 (98.5 after Wateree Dam is modified to improve
May - October 95 100
flood management)
November -
93 96 100
December
Lake Rhodhiss (Full Pond is 995.1 ft. MSL)
Normal Minimum Normal Maximum
Month Normal Target (ft.)
(ft.) (ft.)
January - December 94 97 100
Formatted Table
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Draft Catawba-Wateree Comprehensive Relicensing Agreement (CRA)
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Lake Hickory (Full Pond is 935.0 ft. MSL)
Normal Minimum Normal Maximum
Month Normal Target (ft.)
(ft.) (ft.)
January - February 94 96 100
March – December 94 97 100
Lookout Shoals Lake (Full Pond is 838.1 ft. MSL)
Normal Minimum Normal Maximum
Month Normal Target (ft.)
(ft.) (ft.)
January - December 94 97 100
Lake Norman (Full Pond is 760.0 ft. MSL)
Normal Minimum Normal Maximum
Month Normal Target (ft.)
(ft.) (ft.)
January 93 96 100
February 91 94 100
March 92.26 95.26 100
April 93.65 96.65 100
May - 98 (98.5 after Wateree Dam is modified to improve
95 100
October flood management)
November 93.98 97 100
December 93 96 100
Mountain Island Lake (Full Pond is 647.5 ft. MSL)
Normal Minimum Normal Maximum
Month Normal Target (ft.)
(ft.) (ft.)
January - December 94.3 96 100
Lake Wylie (Full Pond is 569.4 ft. MSL)
Formatted Table
Month Normal Target (ft.)
Normal Normal
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Formatted Table
Draft Catawba-Wateree Comprehensive Relicensing Agreement (CRA)
Draft CRA Modifications
Distributed to CRA Parties March 31, 2016
Minimum (ft.) Maximum (ft.)
January -
94 97 100
DecemberApril
97 (97.5 after Wateree Dam is modified to
May - October 94 100
improve flood management)
November -
94 97 100
December
Fishing Creek Reservoir (Full Pond is 417.2 ft. MSL)
Normal Minimum Normal Maximum
Month Normal Target (ft.)
(ft.) (ft.)
January - December 95 98 100
Great Falls Reservoir (Full Pond is 355.8 ft. MSL)
Normal Minimum Normal Maximum
Month Normal Target (ft.)
(ft.) (ft.)
January - December 95 97.5 100
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