RFIDraft PWS Water Litigation.pdf

Performance Work Statement / Performance Requirements Summary

Purpose

The purpose of this contract is to obtain expert professional and technical support to assist Camp Pendleton with water rights litigation, negotiation, and compliance.

General Description

Since 1951, Camp Pendleton has been in litigation with other water purveyors in the Santa Margarita River (SMR) Watershed. Under the lawsuit, Camp Pendleton is party to two significant agreements: the Cooperative Water Resource Management Agreement (CWRMA) with Rancho California Water District and the pending Conjunctive Use Project (CUP) settlement agreement with the Fallbrook Public Utilities District (FPUD). Camp Pendleton must accurately and efficiently implement the terms of these agreements to achieve court mandates, reduce the risk of costly follow-on litigation and the loss of valuable water rights, and minimize burdens on operating budgets. Additionally, with the real and potential impacts of climate change, severe droughts, changing regulations, and regional population growth, among others, Camp Pendleton expects continued pressure to defend its water rights and to conduct extensive negotiation and cooperation with other water purveyors on existing agreements and future, emergent issues.

Legal requirements under the negotiated settlements with both RCWD and FPUD (United States

v. Fallbrook PUD) are overseen by the U.S. Federal Court and include mandated reporting requirements to the U.S. Watermaster, U.S. Fish and Wildlife Service, National Marine Fisheries Service, and the State of California. Reporting requirements are based on both court-related and agency requirements based on legal decisions, water rights, and biological opinions. These data are privileged to Camp Pendleton and require an understanding of legal requirements prior to their release.

Essential Requirements

To successfully support water rights litigation, negotiation, and compliance, the contractor must possess:

a. Expert knowledge of Federal Court Case 1247, United States vs. Fallbrook Public Utilities District, and its stipulations and agreements,

b. Expert knowledge of the CWRMA and CUP settlement agreements,

c. Expert skill in written and verbal communication and mastery with negotiation,

d. Expert skill and ability with U.S. Geological Survey (USGS) MODFLOW and other groundwater modeling applications,

e. Expert knowledge and skill with Geographical Information Systems (GIS), digital mapping, remote sensing, spatial analysis, and ground surveying techniques (Global Positioning Systems (GPSs)),

f. Expert knowledge with the theory, regulations, and practices of water rights law, engineering, and hydrogeology,

g. Expert knowledge and ability with collecting and sampling of water to assess quality, and

h. Expert knowledge with federal and state regulations, permits, and consultation under the U.S. Clean Water Act and U.S. Endangered Species Act.

i. Expert knowledge of Flood Early Warning Systems, HEC-RAS hydraulic modeling software, and telemetry communication.

Tasks and Deliverables

1. Conjunctive Use Project (CUP) Settlement Agreement

The CUP settlement agreement provides a court-monitored solution to the water rights litigation between Camp Pendleton and the Fallbrook Public Utilities District (FPUD). The CUP settlement agreement is developed from and influenced by the following: United States Public Law 111-11, other stipulations and agreements of Federal Case 1247, the CUP’s Environmental Impact Statement (EIS), regulatory consultation agreements with the United States Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS), the design of Military Construction Project P1220 facilities, and the hydrogeological characteristics of the

SMR.

The Adaptive Management Plan (AMP) is an internal Camp Pendleton document that synthesizes the requirements of the CUP Settlement Agreement and its influences and incorporates other Camp Pendleton considerations into an objective, rule-based, managerial decision matrix. The AMP helps Camp Pendleton to manage the CUP’s water facilities that divert, produce, and convey water for meeting Camp Pendleton’s and FPUD’s water demands under the CUP settlement agreement while abiding by numerous and variable requirements.

The Facilities Operations Plan (FOP), another internal Camp Pendleton document, is an output of the AMP’s decision-making process and provides instructions for the physical operation of the CUP’s facilities.

The contractor shall provide Camp Pendleton with expert technical support to implement and execute the requirements of the CUP settlement agreement, the EIS, regulatory consultation agreements, the AMP, and the FOP. Support shall include the following.

a. Collect, process, and present data and analysis of CUP operations in a Monthly and Annual AMP Report, including monthly meetings with Base stakeholders (Water Resource Division, Environmental Security, and Western Area Counsel Office).

i. Identify, source, install, and maintain instruments that collect diversion, hydrogeologic, surface water data and ecological parameters required for CUP operations and in accordance with the settlement agreement and regulatory consultation agreements.

ii. Prepare and attend 12 monthly AMP meetings with Base stakeholders.

iii. Prepare draft monthly reports no later than 15 days after end of the reporting month.

iv. Provide draft annual report no later than 15 April of each year, including GIS overlays to graphically convey information with respect to geography.

b. Collect, process, and present a semi-annual Facilities Operations Plan (FOP) in May and November of each year to optimize CUP water production and provide guidance to Base operators.

i. Prepare and attend 12 monthly AMP meetings with Base and FPUD.

ii. Provide draft midterm and annual FOP reports no later than 15 April and 15

October.

c. Facilities Operation Plan Meetings between Camp Pendleton and FPUD's technical group. Meetings will be monthly for 2022 and 2023 but quarterly afterward.

i. Prepare and attend 12 monthly AMP meetings with Base and FPUD until 2024 then quarterly meetings.

d. Develop, implement, and maintain a module (hereinafter: AMP Model) to the Camp Pendleton SMR watershed models to improve understanding and predictability of relationships among surface flows, groundwater levels, groundwater pumping, surface water diversion, Lake O’Neill releases, and the riparian habitat.

e. Provide expert engineering and hydrogeologic analysis to Water Resources Division’s legal counsel to support settlement agreements, water rights, and other legal-related documents.

f. Support data collection and analysis to Water Resource Division for meeting U.S. Federal Court and State of California water rights filings, including assessing credits for non-use and analysis of riparian water use.

g. Prepare, organize, and attend quarterly CPEN Ops meetings to support CUP settlement Agreement with FPUD, discuss CPEN water operations, recommendated operations, projects and problems.

h. Prepare, organize, and attend quarterly Management Meetings per year to support CUP settlement Agreements with FPUD, including water banking, cost analysis, and water accounting analyses and prepare meeting minutes.

i. Collect, prepare, and present Quarterly Technical Committee Delivery Year Report to CUP Management Committee, including:

i. Draft quarterly Technical Committee DY report to be provided no later than 15 days after end of each quarter. Draft annual Summary report to be provided no later than 15 days after end of DY.

ii. Deliveries, cost, in-kind services payment obligations

iii. Annual Reporting of Costs

iv. Water bank balance, true-ups, credits, and debits

v. Annual Summary report

j. Provide two Technical Memoranda and supporting analyses for dispute resolution related to CUP operations.

k. Construct and maintain public website to water right data consistent with SWRCB SB88 compliance requirements for water right permits.

l. The NMFS Biological Opinion (BO) dictates management and operation requirements for diverting water from the Santa Margarita River to the recharge ponds and Lake O’Neill for the benefit of CUP water supply. The requirements include on-going studies and analysis of minimum flow requirements in the Santa Margarita River that affect the operations of the Base’s diversion into O’Neill Ditch. The contractor shall provide Camp Pendleton with expert technical support to implement and execute the requirements of the NMFS BO. Support shall include the following.

i. Conduct passage analysis annually for five years after commencing CUP Operations to determine flow required at Point of Diversion (POD) to maintain Thompson criteria at three critical points. Provide annual summary of findings.

ii. Determine storm frequency and flow required to alter stream morphology that affects Thompson criteria at critical points, including developing empirical relationship between flow magnitude and impact to morphology for future management after five years. Provide annual summary of findings.

iii. Monitor critical passage locations on receding limb of event hydrograph to ensure passage criteria are met at commencement of ramp down. Provide annual summary of findings.

iv. Provide technical assistance or memoranda in response to NMFS inquiries.

m. The U.S. Fish and Wildlife (FWS) Biological Opinion (BO) dictates management and operation requirements for pumping groundwater from the Santa Margarita River for the benefit of CUP water supply. The requirements include on-going studies and analysis of minimum groundwater levels, health of riparian vegetation, and protection of threatened and endangered species on Camp Pendleton. The contractor shall provide

Camp Pendleton with expert technical support to implement and execute the requirements of the NMFS BO. Support shall include the following.

i. Update and maintain soil moisture sensors and in-stream river point monitoring and recording devices to support AMP and FWS BO.

ii. Incorporate updated Riparian Ecosystem Health Monitoring Program (REHMP) into the AMP to monitor riparian vegetation consistent with BO Conservation Measure (CM) 66.

iii. Assess changes in riparian vegetation water demand due to changes in water levels to establish minimum streamflow and groundwater levels during CUP operations consistent with minimum threshold values.

iv. Annually collect temperature, salinity, turbidity, and flow velocity at monitoring transects consistent with CM 69.

v. Monitor and report hydrologic conditions at Southwest Willow Flycatcher seeps consistent with CM 77.

vi. Provide technical memorandum annually reporting on on conditions and findings.

2. Cooperative Water Resource Management Agreement (CWRMA).

The CWRMA is a court-monitored water rights agreement between Camp Pendleton and Rancho California Water District. CWRMA dictates and describes the minimum amount of surface flows from the Upper SMR to the Lower SMR under different hydrological conditions.

Camp Pendleton relies on the surface flows to principally recharge its aquifers. Secondary to recharging aquifers, surface flows support other beneficial uses, such as supplying water to the riparian habitat and providing surface water recreation opportunities at Lake O’Neil. The Lower SMR aquifer is the raw water source for Camp Pendleton’s potable water requirements and the raw water source for required water deliveries to FPUD under the CUP Settlement Agreement.

With the implementation of the CUP Settlement Agreement and growing pressure on water supplies, Camp Pendleton must identify and implement efficiencies on water collection, storage, and production. Camp Pendleton seeks to identify legally and technically feasible options to amend the CWRMA to improve Camp Pendleton’s water yield, achieve all legal requirements, and otherwise increase available water for other beneficial uses.

The Contractor shall provide Camp Pendleton with expert technical support to execute, monitor, and assess the legal stipulations and technical aspects of CWRMA. Support shall include the following.

a. Collect, process, analyze, and present two reports in electronic, tabular, and graphical formats to support legal and managerial decisions and actions and to support WRD’s contributions to the SMR Watermaster’s annual CWRMA Report, including:

i. End of Year accounting report no later than January 31st of each year pending receipt of data from RCWD.

ii. Water Year Determination report no later than April 30th of each year describing the accounting of flows, credits, and bank balances.

b. Attend four quarterly Technical Advisory Committee (TAC) meetings each year and provide expert technical support and advice to Camp Pendleton representatives, which include Camp Pendleton Water Resources Division staff and its legal counsel.

c. Attend two Two-Party meetings between RCWD and Camp Pendleton to assess CWRMA performance, water supply optimization, and other CWRMA-related performance, monitoring activities and issues.

d. Provide expert technical support to WRD legal counsel.

3. Water Quality and Other Water Data in Support of CWRMA and Regulatory Requirements.

In addition to complying with the stipulations and agreements of Case 1247, Camp Pendleton must vigilantly prepare to defend its water rights against future claims, which are incentivized by climate change, droughts, and population growth, among others. As a result, Camp Pendleton’s objective is to obtain relevant and accurate data of its watersheds and aquifers to support holistic understanding of its entire water system in support of water rights litigation, negotiation, and compliance for existing requirements and emergent issues.

The contractor shall provide expert technical support for the monitoring, sampling, recording, analysis, and reporting of surface water flows, surface water diversion amounts, surface water storage, groundwater levels, and surface and ground water quality, among others. Support shall include the following.

a. Review and assess WRD’s Ground Water Management Plan, Water Treatment Plant Data

Collection Plan, and SMR Diversion Data Plan, and provide a technical memorandum with recommendations to sustain, modify, or improve elements of the plans.

i. Process and report data, from Camp Pendleton’s dataloggers, in an electronic, tabular, and graphical format to WRD.

b. Dataloggers. Source and provide 16 dataloggers and cables per year to add to or replace WRD’s inventory of approximately 80 groundwater dataloggers.

c. (OPTION) Attend 12 monthly Santa Margarita River Nutrient Initiative Technical Advisory

Group Meetings to support WRD and Camp Pendleton in development of the Total Maximum Daily Load (TMDL) development for the Santa Margarita River and Estuary.

Provide summary of those meetings within one week after.

d. (OPTION) Specialized dataloggers : Source and provide a total of 4 loggers that are capable of any of the following: conductivity/temperature/water level measurements, water level measurement, barometric measurements, evaporation measurements, soil moisture or other specialized use.

e. (OPTION) Computer. Provide the government with a standalone device for field usage (e.g., Toughbook computer or iPad) and compatible software to download and electronically transfer and store dataloggers’ data.

f. (OPTION) Water Quality Sampling to support salt nutrient management plan or other investigations. Obtain 20 groundwater well samples and 10 surface water samples twice a year, sampling for SNMP recommended constituents in accordance with regulatory and industry sampling practices; submit samples to a certified laboratory for analysis; and deliver water quality sampling results to WRD. Provide comparative technical memorandum showing past and present SNMP sampling results.

g. (OPTION) Water quality sampling for nutrients in support of future Indirect Potable Recharge project. The data would be used to calibrate the SMR model, help improve management of nutrient loads in the basin and minimize loading in the estuary. Obtain 10 grab samples during 4 different sampling events and measure for nutrient specific constituents in accordance with regulatory and industry sampling practices; submit samples to a certified laboratory for analysis; and deliver water quality sampling results to WRD.

4. Electronic Database.

The contractor shall collect, digitize, and store unclassified data, studies, reports, and other WRD material in an easily accessed and user-friendly format to readily support water rights litigation, negotiation, and compliance reporting. The database shall be a georeferenced web-based Base-wide database to store and display surface water, groundwater, water quality reports, and other hydrologic related data that supports water management. A successful electronic library and database support shall encompass the following.

a. Provide and manage a web-based georeferenced Base-wide CPEN water database for authorized users to access from work, home, or non-governmental computer systems, 24 hours per day, 365 days per year at least 95 percent of the time.

i. Maintain up-to-date security and access protocols; restrict access to members of an authorized user list and secure database from intrusion and corruption; use user-password protection. Organize and display data, provide drop down menus, and employ point and click navigation.

ii. Include an electronic sort and query tool for searching documents and reports.

iii. Review database semi-annually and update database with new material (material which is produced by the contractor as related to other sub-tasks, unless directed otherwise, or material provided to the contractor by WRD).

iv. Back-up database semi-annually to facilitate reconstruction in the event of total system failure or to support future system transition to other agencies (e.g., government owned, government operated system).

5. Modeling.

A three-dimensional numerical groundwater model is required to manage and predict future impacts of human-influenced actions and environmental factors affecting Camp Pendleton’s aquifers. Camp Pendleton’s objectives are to readily maintain groundwater models that can withstand legal and scientific scrutiny; to use the groundwater models to assess the severity of real, proposed, or potential human-influenced actions and environmental factors; and to use the models to support water rights litigation, negotiation, and compliance.

The contractor shall maintain USGS’s groundwater models for Camp Pendleton’s aquifers (Santa Margarita, Las Flores/Las Pulgas, and San Mateo/San Onofre), and use the model to support other tasks of this PWS. The models must withstand legal and scientific scrutiny.

Modeling support shall include the following.

a. Maintain USGS MODFLOW CPEN Santa Margarita River Groundwater Model

i. Update and maintain model to support CUP AMP and FOP.

ii. Apply model to simulate Indirect Potable Reuse and Lower Ysidora Seawater barrier scenarios.

iii. Apply model to simulate CWRMA amended release schedule and optimize water supply from Upper Basin.

iv. Record and electronically deliver a single memorandum with model data, parameters, and other inputs to WRD to support potential review or recreation of the model by other agencies (e.g., USGS).

b. Maintain USGS MODFLOW CPEN Northern Basins and Las Flores Model to support:

i. Water rights analysis for percolating groundwater.

ii. Production well placement and water supply optimization.

iii. Assess off-Base and on-Base anthropogenic impacts to water supply.

iv. Record and electronically deliver a single memorandum with model data, parameters, and other inputs to WRD to support potential review or recreation of the model by other agencies (e.g., USGS).

c. Maintain and run the models to readily answer or support answers to managerial, legal, and technical questions.

d. Integrate CPEN Models into CPENWater.com for analyzing future hydrologic conditions and environmental impacts based on user input.

e. Develop and maintain MT3D solute transport model of the Lower Santa Margarita River

Basin to assess movement of contaminants and impact to CUP water supply including review of work done by other contractors involved in modeling, remediation and tracking of contaminants.

6. Consultation, Other Technical Studies, and Meetings in Support of Litigation, Negotiation, and Compliance.

In addition to the CWRMA and CUP Settlement Agreement, Camp Pendleton is engaged with other entities, such as the Santa Margarita River Nutrient Initiative Committee, among others, that have the potential to influence Camp Pendleton’s water rights through regulatory proposals and other agreements. Therefore, the Contractor shall provide expert support, advice, and recommendation at (and in preparation for) numerous, necessary meetings between Camp Pendleton officials and other government, private sector, and public agencies, departments, and individuals as needed by Camp Pendleton to support its position in current or potential litigation, negotiation, or discussion, including its position as a water producer in the region. Support shall include the following.

a. Attend up to twelve (12) negotiations, consultations, or meetings in the San Diego County, Riverside County, and Orange County areas and provide expert technical and negotiation support and advice to Camp Pendleton representatives, which include Camp Pendleton WRD staff and its legal counsel. Support will cover a broad range of water rights topics and include legal settlement negotiations, water rights permitting actions, consultations or disputes with environmental regulatory agencies, participation in judicial or administrative proceedings, or other related matters pertaining to or support development of a legal settlement in Case 1247 or resolution of other existing or future water disputes involving Camp Pendleton. Provide summary memorandum of each meeting

b. Maintain Camp Pendleton’s Flood Early Warning System for the Lower Santa Margarita River Watershed, including, communications, alerts, and predictive flood inundation analysis consistent with the Base’s Emergency Response Plan. Predictive analysis, databases, and communication software should rely on existing precipitation Alert system for San Diego and Riverside counties, consistent with the National Weather Service.

i. Provide and manage a web-based Flood Early Warning site open to the public and accessible from work, home, or non-governmental computer systems, 24 hours per day, 365 days per year at least 95 percent of the time.

c. Prepare and submit six (6) technical memoranda, permit applications, or briefs using Camp

Pendleton’s water data, Camp Pendleton’s groundwater model and model outputs, and expertise in the theory, knowledge, and practices of water rights law, engineering, and hydrogeology to communicate accurate information and professional opinions in support of Camp Pendleton’s position in litigation, negotiation, or discussion.

d. (OPTION) Technical support for Indirect Potable Reuse (IPR) project. Contractor will develop and implement detailed Tracer Study Work plan, coordinate with RWQCB and Department of Drinking Water (DDW), develop a DD1391 based on FPUD’s 2021 Feasibility

Study for IPR in the Santa Margarita River basin and other IPR related tasks.

e. (OPTION) Collect and present water data consistent with State of California’s Urban Water Management Plan for 2025. Contractor will collect, analyze, and develop a draft and final 2025 UWMP for all water supply and use on Camp Pendleton.

f. (OPTION) Additional Consultative Support. Prepare and submit six (6) technical memoranda, permit applications, and briefs using Camp Pendleton’s water data, Camp Pendleton’s groundwater model and model outputs, and expertise in the theory, knowledge, and practices of water rights law, engineering, and hydrogeology to communicate accurate information and professional opinions in support of Camp Pendleton’s position in litigation, negotiation, or discussion.

7. Well Assessment Study in Support of Conjunctive Use Project.

To achieve the mandated deliveries of water to FPUD in compliance with the Court-monitored CUP settlement agreement, Camp Pendleton must maintain efficient operations of existing groundwater production wells. The contractor shall conduct a well assessment and evaluation study for Camp Pendleton’s production wells to support WRD’s assurance of fulfilling Camp Pendleton’s and the CUP settlement agreement’s enduring water requirements. Well assessment support shall include the following.

a. (OPTION) Develop and implement a hydraulic model, assess model outputs, and provide a technical report characterizing the conveyance system’s degree of impedance on production efficiency. The hydraulic model of Camp Pendleton’s Southern System will include groundwater wells, Haybarn Canyon Pumping Station, the Advanced Water Treatment Plant, and the Bi-directional pipeline to Fallbrook.

b. (OPTION) Provide expert technical support for the preparation of three (3) Scopes of Works for government- or contractor- provided preventive or corrective maintenance on groundwater production wells.

c. (OPTION) Inspect, test and evaluate 2 wells for required repairs and provide a report for each well with an estimated cost for repairs.

d. (OPTION) Inspect, test and evaluate 2 wells for required repairs and provide a report for each well with an estimated cost for repairs.

Performance Requirements Summary

Stakeholder Outcome

PWS

Reference

Standard Acceptable Quality Level (AQL)

CUP Settlement Agreement

Para 1. a. Provide draft AMP monthly report within 21 days after end of reporting month and draft annual report no later than April 15

95% on time receipt of draft reports.

CUP Settlement Agreement

Para 1.b. Provide midterm draft FOP report no later than April 15 and draft annual FOP report no later than October 15

95% on time receipt of draft reports.

CUP Settlement Agreement

Para 1. h. Attend meetings and prepare meeting minutes

Meeting minutes are received 95% of time within one week after meeting.

CUP Settlement Agreement

Para 1. i. Provide draft Quarterly Technical Committee DY reports no later than 15 days after end of each quarter and draft annual summary report no later than 15 days after end of DY.

95% of time receipt of draft reports are within 15 days after end of quarter or end of DY.

CWRMA Para 2. a. Provide draft annual accounting report no later than Jan 31 and draft Water Year Determination report no later than April 30

95% of time receipt of draft reports are prior to deadlines.

Water Quality Para 3.c. Provide meeting summary of SMR NI TAG within one week after each meeting

95% of time receipt of meeting summaries are within one week after meeting.

Electronic Database

Para 4. a. Web based database (CPENwater.com)

Operational and accessible 95% of time

Modeling Para 5. a.

+ b.

Provide memorandum(s) on both model information and data.

95% of time receipt of memorandum(s) by end of calendar year

Consultation, Other Technical Studies and Meetings

Para 6. a. Provide summary memorandum or minutes for each meeting within one week after meeting.

95% of time receipt of memorandum or minutes are within one week after meetings

Consultation, Other Technical Studies and Meetings

Para 6. b. Operational Flood Early Warning System with observation web site and warning system.

Ensure FEWS is operational with viewable web site and functional alerts 95% of time

Consultation, Other Technical Studies and Meetings

Para 6. e. Provide draft and final UWMP 2025.

Final report due by July 1, 2026