A04_SOW_WaterRightsMgtPlan.pdf

STATEMENT OF WORK (SOW)

Technical Assistance for the Winters Ranch Water Rights Management Plan

Sierra Front Field Office, Carson City District, NV-Bureau of Land Management December 2020

Purpose: Bureau of Land Management (BLM) Carson City District Manager has requested a water rights management plan for prioritizing, budget planning and implementation to meet Nevada water law requirements of all water rights associated with the Winters Ranch acquisition.

Scope of Project: BLM is requesting a qualified expert, or firm with qualified staff, in Nevada water rights surveying and water law with experience in the Winters Ranch acquisition or similar federal acquisition of Permitted water rights in the State of Nevada to provide technical assistance and development of well-written documents and strategies that can be incorporated into a Water Rights

Management Plan to meet the Purpose of this project.

Fulfilling tasks identified as necessary to the Water Rights Management Plan are scheduled over multiple years to address certification of the water right permits, appurtenant to the property. The service of technical assistance and the written deliverables on tasks would be option year; completed based on BLM’s needs, findings, and available funding. Ultimately, the completed tasks are all components of the Winters Ranch Water Rights Management Plan, providing necessary details and documentation for prioritizing and establishing a budget schedule for all steps guiding BLM through certification of permitted water rights and a maintenance scheme for keeping all water rights in good standing into the future. This plan will then be used by BLM on a phased basis, dependent upon funding and project priorities.

Subject Water Rights: See list of acquired water rights appurtenant to Winters Ranch at bottom of this document.

The contractor shall provide technical guidance, produce documents, designs, schemes, cost estimates, synthesize necessary research and utilize existing plans, and utilize documents and data within the

Nevada State Engineers Carson City Office and BLM Carson City District Office to ensure a thorough and accurate Water Rights Management Plan is completed with BLM staff, by addressing the following tasks to the extent each applies to the subject water rights:

Each task has an identified deliverable. The following table illustrates how some tasks are chronological and build off previous task, where others may need revisiting or may be accomplished concurrently. For example, Task #1 (T-1) needs addressed in Year One but may require time to revisit and provide amended recommendations in following years. Another example, Tasks #5 (T-5) builds off the previous Task #4 (T-

4), where Tasks #8 & 9 may be done concurrently.

Chronological Tasks Multi-year Tasks Concurrent Tasks

T-1 T-1 (Potential Amendments) T-8

T-3 T-2 T-9

T-4 T-10

T-5 T-11

T-6

T-7

All draft deliverables will be sent by the Contractor to BLM for a 30-day review with feedback before being finalized.

TASK #1: Prepare an Agreement of Compliance (AOC) that the BLM may take to the office of the State

Engineer and successfully negotiate a schedule of implementing the necessary steps to bring full beneficial use of the underground resources. This course of action will lay out a plan as to how to keep the water rights in compliance with Nevada water law and regulations and allow for continued extensions of the filings during the development of the work plan and construction of underground development infrastructure. The person preparing the AOC for the BLM should be a water right surveyor or attorney experienced (over ten years) in the field of Nevada water rights and water resources. Since the Permits held by BLM have had multiple years of filed requests for extensions of time (EOT) it is imperative that the State Engineer is aware of BLM’s intent to comply with perfecting all water rights tied to Winters Ranch.

Deliverable (Task #1):

a) A BLM approved AOC that will successfully be negotiated between BLM and Nevada

Division of Water Resources (NDWR), prepared by an expert technical advisor in Nevada water law and accepted by BLM, that is a matter of record for the utilization of water on

Winters Ranch.

b) Supplements/amendments to the AOC may be required between BLM and NDWR once all tasks in this SOW are finalized and accepted by BLM. Supplements, in the form of recommendations, will be written by the Contractor for approval by BLM. BLM will then consider negotiating amendments to AOC with NDWR.

TASK #2: The District currently files for extensions of time (EOT), showing Nevada Division of Water

Resources (NDWR) progress to certification. Contractor shall confirm continued filings, and share appropriate plans for implementation with each filing, is occurring.

Permit Priority Date EOT Deadline Ready for Action

68101 7/14/1967 12/4/2020 04/06/2002

68102 5/27/1977 8/23/2021 04/06/2002

68103 5/27/1977 8/23/2021 04/06/2002

66232 8/29/1978 3/2/2022 08/06/2000

66233 8/29/1978 3/2/2022 08/06/2000

69433 8/29/1978 3/2/2022 04/11/2003

69570 8/29/1978 3/2/2022 05/04/2003

69731 8/29/1978 3/2/2022 08/02/2003

68111 08/20/1962 12/4/2020 04/20/2002

68112 7/31/1963 12/4/2020 04/20/2002

68113 8/2/1966 12/4/2020 04/06/2002

68114 12/23/1981 12/4/2020 04/06/2002

68115 8/24/1976 12/4/2020 04/06/2002

68116 8/24/1976 12/4/2020 04/06/2002

68117 10/28/2013 8/23/2021 04/06/2002

68118 10/28/2013 8/23/2021 04/06/2002

68119 10/28/2013 8/23/2021 04/06/2002

68120 10/28/2013 8/23/2021 04/06/2002

Deliverable (Task #2):

a) Confirm reasoning in EOT applications is relevant and concurs with AOC. Extensions of

Time applications will be filled out by the District Office, reviewed, and edited (as needed) by the Contractor, and signed and submitted to NDWR at the District Office level. This is a multi-year technical assistance service task for life of Contract.

TASK #3: Confirm types of water rights acquired by BLM and make sure corrections at the NDWR are in place. With confirmed types of water rights, document accurate interpretation of duties and total combined duties within permit bundles that are tied to specific points of diversion.

Permit No.

Use Type of Water Right (BLM DEED)

Type of Water Right (NDWR website)

Duty, AFA Total Combined Duty, AFA

ROC

(Y/N)

68117, 68118, 68119, 68120

UG-

IRR

GW (primary) GW (supplemental)

5.54, 55, 19.56, 108.98

131.3 Y

66232, 66233, 69433, 69570, 69731

UG-

REC

GW (primary) = 196.59 101.39 Y

68111, 68112, 68113, 68114, 68115, 68116

UG-

IRR

GW

(supplemental)

502.52, 41.54, 274.35, 263.19, 116.37, 135.68 (respectively)

564.6 Y

68101 UG-

IRR

GW (primary) Explain comment that NDWR will switch to supplemental

61 Y

68102 UG-

IRR

GW (primary) GW (supplemental)

9.54 Y

68103 UG-

IRR

GW (primary) GW (supplemental)

13.57 Y

Deliverables (Task #3):

a) Provide written clarification on the differences between BLM Deeds and NDWR files with the correct types and water rights and duty, and provide guidance on how BLM will settle differences in types of water rights and duty amounts between Deeds and files on record at

NDWR.

b) Provide written explanation on individual duties with respect to total combined duties, the water right permit relationships (based on parent permits) and how the finished well, at the point of diversion (POD), fully utilized, will look in action for all permitted water rights. In one example, UG/REC Permits 66232, 66233, 69433, 69570 and 69731 have individual duties, two points of diversion (Wells 98139 and 98140) and a total combined duty 101.39 AFA. The contractor will confirm that if BLM is not using both POD in tandem, then the total combined duty would not be in effect and the individual permitted duties would apply. This situation could occur until challenges in obtaining power supply to Well 98140 are overcome.

c) Confirm, in a written document, for filing beneficial use on supplemental water rights is straightforward as filing the proofs of completion for wells in place and equipped to divert water in accordance with requirements of the permit terms—showing intended use when surface water sources are not available.

TASK #4: Determine/confirm the best locations for the development of underground water rights, potentially where well locations would be more beneficial with proximity to power. Utilize ten years of groundwater level data collected by the University of Nevada, Reno, across East Casey Parcel from approximately 30 piezometers. Project past drought or minimal surface water resources for analysis of pumping needs. Utilize existing Army Corps of Engineers (ACOE) Bringing Electricity onto Winters Ranch

Plan (2018).

Other considerations include feasible alternative power supplies, maximizing the place of use and utilizing existing conveyance ditches where possible. Provide thoughtful design features for alternative energy sources for well locations where electrical utilities are not economically viable. Incorporate past

BLM efforts for solar and further explore wind or quiet generators as a viable option, with consideration to BLM Visual Resources stipulations. If, after analyses shows, water right permitted points of diversion will need to be petitioned to be moved, the contractor shall work with BLM for NDWR approval, identify new locations and provide cost estimates for final approval.

Document priorities for development, BLM may desire to prioritize developing primary groundwater.

Deliverables (Task #4):

a) Write an investigation report, cost estimate and produce a map either supporting the existing identified POD for all permitted water rights, with general well development specifications for the location and amount of water OR provide documented reasoning for petitioning a move in POD and explain how the described place of use will remain intact.

BLM does not wish to lose value in real property.

b) For permits with described POD outside Winters Ranch boundary, advise on ability to keep permit in good standing while petitioning for a change and advise new location and cost estimates.

c) Document realistic recommendations for power supply to each all POD.

d) Provide a prioritization well development list using a matrix of water right value, obtainable power supply and likeliness of certification and future use success.

TASK #5: Provide necessary data for engineered groundwater well designs by BLM’s Architectural and

Engineering Division at the National Operations Center and a Nevada licensed well driller to implement that will meet all water right permit stipulations. Provide BLM with an estimated pumping schedule that will be approved by NDWR. Utilize USGS real-time stream gage data on Ophir, Davis and Winters Creeks for supplemental underground water rights pumping schedules. Include pump size and meter in design, as well as a design feature to convey water to ditches once water reaches ground surface.

Deliverable (Task #5):

a) For each well-site agreed upon with BLM and approved by NDWR from TASK #4, the

Contractor shall provide BLM with well, pump and power specifications and pumping schedules to meet water right permits to meet individual and total combined duties of permits tied to specific points of diversion. An example would be the future “BLM #1” well site with five permits tied to the described point of diversion, with a total combined duty;

the contractor shall provide explicit well dimensions, pumping dynamics, power options and cost estimates for BLM to prove completion of work and beneficial use when called upon.

TASK #6: Determine if the existing surface water conveyance infrastructure can be utilized for conveyance of groundwater and surface water resources and identify any new conveyance infrastructure needs. Maximize the potential of existing conveyance ditches for resource development needs. Determine any additional conveyance infrastructure necessary for the best utilization of the underground and surface water rights. Utilize BLM mapped, water rights cultural maps and Nevada

State Historical Preservation Office (SHPO) documented conveyance features: their current condition and provide recommendations for maintenance or new construction for spreading water throughout entire place of use.

Deliverable (Task #6):

a) Report and map recommendations for maintenance or new construction for spreading water throughout entire place of use.

b) Additionally, if new cultural maps are required, either provide guidance/assistance to BLM staff water rights surveyor (Government work only) or produce the cultural map as a deliverable.

TASK #7: Determine a phasing plan as to location, drilling and completion of wells that maximize the availability of funding resources and compliance with the proposed AOC. Part of this task will be developing a strategic pumping plan to keep water rights from going into forfeiture.

Deliverable (Task #7):

a) Create an organizational chart for schedule, staff/partner workload, and funding commitments from current status through implementation and into future utilization of water rights.

TASK #8: Provide agenda items for a community meeting with other decreed water rights holders on

Ophir Creek to discuss upstream diversion issues, include NDWR. Part of the agenda needs to diplomatically raise the need to analyze the upstream conveyance surface water diversions (where BLM may be losing water), and inventory what improvements, repairs or maintenance will be required on system. Determine responsible parties and cost sharing opportunities.

Deliverable (Task #8):

a) Provide BLM with a written outline covering key topics in Task #8 for a public meeting with afore mentioned participants. Provide BLM with a list of current water rights holders on

Ophir Creek. BLM will schedule and host meeting, Contractor need not be present.

TASK #9: BLM is interested in maintaining the real property value of all water right permits and does not wish to lose a drop from realizing the full potential of each permit. Based on the Winters Ranch Wetland

Management Plan (2020), a requirement stated on Permits 66232 et al., and completed NEPA (pending), develop a pump schedule for beneficial use of the five underground recreation primary water right permits. For example, a 48-hr pump test (2017) suggests Well 91839 will be at maximum capacity to produce 101.39 AFA to fulfill beneficial use on the three permits tied to this POD, with a reliable consistent electrical power source.

Deliverables (Task #9):

a) For Permits 66232, 66233, 69433, 69570 and 69731, develop a pump schedule to optimize well productivity, satisfy wetland enhancement objectives and prove beneficial use, for the initial path toward certification and into the future.

b) Advise BLM on meter reading and submitting quarterly reports to NDWR among other documentation to satisfy terms of UG-REC permits. If new water right survey maps are required at filing for certification, provide advice to BLM staff water rights surveyor

(Government work only) for finished product.

c) Make recommendations to BLM if matching the metered quantity and paper quantities becomes a challenge.

d) Repeat deliverables Task #9 a-c applicable for other underground permits as wells are put in place. Providing support for filing proof of completion, proof of beneficial use and cultural maps for place of use and all other required documentation for certification.

TASK #10: Identify potential future funding streams and amount needed to manage property in the long-term. Ideas to explore include:

− In-Lieu Fee potential with ACOE, − Leasing of water rights to locals in the short-term (develop a Lease Agreement template ready for solicitor review; revise based on solicitor comments), − Assess opportunities with other agencies for cooperative work plans and agreements that might enhance other environmental resource areas of BLM interest, − Utilize Great Basin Fuels PEIS and/or Targeted Grazing PEA to develop a vegetation management strategy that works with permittee for property management, − Consider a fee-site area with the Recreation Program (Authorizations and site-requirements), and/or

− Brainstorm options for discussions with BLM headquarter program leads to identify future potential funding options in Range, Aquatic Habitat/Riparian, Wildlife and/or Recreation

Programs.

Deliverable (Task #10):

a) Summary of options associated with above listed ideas and any other potential options for future funding streams. Provide big picture advice based on experiences

TASK #11: Provide written clarification to BLM on decreed vested claims: the BLM Deeds and NDWR duties currently do not match and apparently two decreed vested claims documented in the Deeds are in need of a report of conveyance to BLM. V05764 may be encumbered, and it is unclear how the BLM was able to purchase the water right with an existing encumbrance. Investigations into any existing encumbrances and documentation to help BLM submit reports of conveyance on below listed rights is needed.

Permit No.

Use Type of Water Right

(BLM DEED)

Priority Date Duty, AFA from Deed

Duty, AFA on

NDWR

website

Total Combined Duty, AFA

ROC

(Y/N)

V02441, V02754, V02756

IRR,

STK,

DOM

Decreed SW 05/01/1862, 01/01/1862, 01/01/1862

2,348.45, 1,173.41, 1,642.35

1,276.07+ 2,228.25 = 3,504.32 (limited to IRR acres

Y

V02753 SPR-

IRR

SW (primary) 01/01/1857 48.76 N

V05764 UG-

STK

GW (primary) 12/31/1912 44.93 N

Deliverable (Task #11):

a) Rectify and follow through with changes to V02753 and V05764 at NDWR.

b) Confirm described place of use (POU) for all surface water rights on property.

LIST of Decreed Vested and Permitted Water Rights acquired with Winters Ranch Property

Number Permit

1 68101

2 68102

3 68103

4 66232

5 66233

6 69433

7 69570

8 69731

9 68111

10 68112

11 68113

12 68114

Number Decreed Vested Claims

1 V02441

2 V02754

3 V02756

4 V02753

5 V05764

13 68115

14 68116

15 68117

16 68118

17 68119

18 68120