PEAA 18-018 NPSS1 RG Basin GW Rules NPSS Phase 2.pdf

Notice of Proposed Sole Source

NPSS1 PAAA 2018-018

(Updated Notice of Proposed Sole Source for NPSS1 PEAA 2015-045) Scope of Work and Sole Source Justification Rio Grande Basin Rules – Hydrogeologic Consultation

Schedule and Term of Award Work will begin as soon as practical and will be completed by December , 2018

Budget The Colorado Division of Water Resources has budgeted an approximate amount of $250,000.

This is an update from the original approved sole source amount of $155,000. Budgeted amounts for future fiscal years have not been determined, but may be necessary in order to complete the project work scope.

Sole Source Justification The contractor was contracted to develop the Rio Grande Decision Support System, giving them unique knowledge to provide expert witness testimony and consultation during the legal process of adopting rules in the Rio Grande Basin.

Submittal Vendors who do not believe this is a sole source contract should submit the items below by 1:00 p.m., on August 30, 2017, 2017 to:

Maggie Van Cleef Department of Natural Resouces Purchasing Office 1313 Sherman Street, #423, Denver, CO 80203 Email: maggie.vancleef@state.co.us

Submittal Items In order to demonstrate your ability to fulfill the Scope of Services, please submit the following:

A. Please include a brief cover letter, signed by the sole proprietor, individual or someone authorized to bind your firm which includes vendor name, vendor address, phone and email addresses, F.E.I.N/SSN, B. An explanation of how past work experience would qualify you to complete the work scope.

mailto:maggie.vancleef@state.co.us

(Updated NPSS1 PEAA 2015-045) Scope of Work Rio Grande Basin Rules – Hydrogeologic Consultation

Introduction

Need: The Colorado Division of Water Resources (DWR) is promulgating rules and regulations regarding the Administration of Groundwater Uses in the Rio Grande Basin (San Luis Valley, or “SLV”). Those rules rely on the Rio Grande Decision Support System (RGDSS) and the associated Ground Water Model. That system and model have been under development since 1998. Various Phases of the model have been scrutinized and accepted by the Water Court in 2006 and 2009. The Contractor, HRS Water Consultants, Inc. has been intimately involved in the development of the geologic parameters in the model and in the two Water Court trials.

The model has been modified and improved so that it may be used in development and administration of the Rules and Regulations. The Contractor has been involved in those improvements.

Needed Expertise: The Contractor is intimately familiar with the modeling and hydrogeology of the Rio Grande basin in Colorado. The contractor has experience in SLV litigation and has acted as an expert witness for Colorado on hydrogeologic issues. Promulgation of the rules is highly likely to result in litigation, including litigation of the RGDSS system and groundwater model. It is anticipated that litigation will take several years to complete. While some trial work is presumed necessary DWR is committed to resolution of issues by negotiation if possible.

The Contractor shall provide expert witness reports, advice, and testimony for the litigation. Given the multiyear process and the many paths settlement or litigation could take, DWR desires to phase contract scope and funding via contract modifications to most efficiently utilize both the contractor and DWR funds.

This Scope of Work describes the activities, schedule, and cost for the Contractor to provide expert consultation and expert testimony on the hydrogeology of the SLV rules area in the rules litigation and settlement discussions.

Objective

The objectives of this Scope of Work are:

• To provide expert technical advice leading to finalization of the rules that will be submitted to the Division 3 Water Court.

• To provide expert testimony in the rules litigation, and to provide expert technical advice to the AG and CDWR in settlement discussions with opposing parties.

Work Tasks

1. Phase 1: Pre-filing coordination, mandatory meetings of the experts, expert reports, and depositions.

1.1. PRT meetings, inquiries, review: Contractor will participate in technical peer review team (PRT) meetings, respond to PRT inquiries, and perform hydrogeologic review and evaluation as needed to provide improvements to RGDSS model calibration for this rulemaking.

1.2. Pre-Court filing technical review: Prior to filing the rules with the Court, Contractor will work with cooperating experts to review final sets of rules for consistency and support by underlying modeling and reports.

1.3. Prepare expert report: All expert witnesses must produce a report stating their opinions and the basis for those opinions. Court rules require meetings of the experts, without attorneys, to try to narrow the scope of scientific questions/differences to be addressed at trial. It is anticipated that up to 50 objectors may file in the rules litigation.

Contractor will prepare an expert report to be submitted to the Court. Contractor also will review and provide input and comments on draft expert reports of cooperating experts, in order to coordinate the efforts of all coordinating experts in support of the Rules.

1.4. Opposing experts’ meetings and reports: Given the large scope of the model and its underlying geologic and hydrologic complexity it is likely that several days will be needed by the group of experts to come to consensus on disputed facts. Contractor will review opposing experts’ reports on hydrogeology or related modeling topics; will coordinate review efforts with cooperating experts; and will meet with opposing experts as required under the Court rules.

1.5. Depositions of HRS experts: All expert witnesses are subject to one day of deposition. Preparation for deposition commonly takes 5 days. Contractor will prepare for, and testify in, a one-day deposition, assumed to take place in the Denver area. One HRS senior hydrogeologist is expected to be a testifying expert.

1.6. Depositions of opposing experts: HRS will attend depositions of opposing experts to advise legal staff and to understand opposers’ scientific arguments. At this time it is anticipated that HRS will attend the depositions of 4 opposing experts (4 days).

Preparation for deposition (review of reports) commonly takes 1 day per witness.

2. Phase 2: Settlement Negotiations and Trial Preparation.

2.1. Settlement negotiation: Where possible DWR will attempt to settle issues prior to trial.

Assistance of Contractor is anticipated in geologic and hydrologic discussions, as needed.

2.2. Trial preparation: Expert witnesses prepare for trial by reviewing all pertinent materials, reports, court orders, and discussions. Two days preparation per day on the witness stand are anticipated. It is anticipated that HRS will be on the stand for a minimum of 3 days.

This task also includes document review, development of testimony, and development of trial exhibits.

3. Phase 3: Rules Trial Attendance and Expert Testimony

Past groundwater rules trials in the Rio Grande basin have taken between 6 and 12 weeks to litigate (04CW24, 07CW52, W3448). Expert witnesses will be present at all phases of trial to in order to be prepared for testimony, provide advice on opposing experts’ testimony, and to provide rebuttal testimony.

3.1. Attend and testify in State’s case in chief: It is anticipated that HRS will be testifying in the case in chief (direct examination and cross-examination) for a minimum of 3 days.

This task includes refinement of testimony, work with AG and CDWR personnel, testimony practice, trial attendance, and testimony at trial.

3.2. Attend opposers’ case presentations: Contractor will attend the trial to hear the testimony of opposing experts as needed; and will advise counsel and CDWR on cross-examination and related technical topics.

3.3. Attend and testify in State’s rebuttal case: Contractor will testify in the State’s rebuttal case as needed, to clarify and rebut any scientific or technical arguments made by opposing experts that contravene HRS’ direct testimony.

Schedule

All tasks listed above would be completed during the term of this contract, which is expected to be completed by December 31, 2018.