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Is review under Section 7(a) required for repair of an existing water resources projects?

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Is review under Section 7(a) required for repair of an existing water resources projects?

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Yes. The term repair assumes a change from the original character, scope or size of the project. Evaluation under Section 7(a) of the WSRA is triggered when federal assistance is required for repair of an existing water resources project. Generally, however, review under the WSRA will not prevent a landowner from repair of a water resources project that predates the river’s addition to the National System (1978 for the Skagit) provided the proposed repair has the same (or lesser) effect on river values. Changes to the original protection measure may also be possible if the alternative better protects and enhances river values.

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