The agency shall make water releases from Toronto reservoir as are necessary and sufficient to maintain a constant minimum flow of 10 cfs in Black Lake Creek during all times of the year, as measured for the purposes of compliance with this Part at the release works of the Toronto reservoir. This provision shall not be applicable when water is spilling from the Cliff Lake reservoir or when the water elevation in the Toronto reservoir is below 1170 feet mean sea level.

This Subpart does not establish any required releases from Cliff Lake at this time. The department reservoir releases manager, in cooperation with the agency reservoir releases manager, shall investigate Black Lake Creek downstream from Cliff Lake and determine the need for and practicability of water releases. Pertinent factors to be considered in the investigation shall include, but not be limited to, leakage through the existing outlet works, volume of storage in Cliff Lake, present and potential future stream fishery and availability of access.

Owing to the lack of release works at the Swinging Bridge and Rio reservoirs that are adequate and appropriate to fulfill the purposes of this Part, this Subpart does not establish any required releases from said reservoirs. Required releases from such reservoirs may be established at some future date, following completion of the department's studies pursuant to section 672-1.4(b) of this Part. While said reservoirs are not subject to any release requirements at this time, they are subject to all other applicable provisions of this Part.

The department reservoir releases manager, in cooperation with the agency reservoir releases manager, shall investigate the feasibility of modifying operation of Rio reservoir to accomplish the purposes of this Part.

(e) The agency is not required to provide any notice to the department prior to the commencement of any action that is consistent with the provisions of subdivision (a) of this section.

(f) The agency shall comply with the request by the department reservoir releases manager pursuant to subdivision (g) of section 672-1.3 of this Part.