SOW_SRDAugmentation.docx

Statement of Work

I. BACKGROUND:

The United States Forest Service (USFS) holds a monitoring/observation well permits for the Shadow Mountain Village (SMV) Work Center (permit # 232387) and the Green Ridge Complex (permit #229246) that need to be converted to production wells. The USFS will need to file Substitute Water Supply Plans (SWSP) and Augmentation Plans for out-of-priority losses associated with the wells, which are causing injury to downstream water right holders. These losses must be accounted for and replaced pursuant to Colorado Revised Statues Sections 37-92-501.5 and 37-92-502. As an interim satisfaction of this requirement, the USFS requests SWSPs for each well indicating how replacements will be made to water rights located downstream of Shadow Mountain Reservoir. By law, a SWSP can only be filed for 5 years, with the final goal of a court approved Plan of Augmentation.

The USFS does not have the technical expertise to complete the necessary analyses for the SWSP, Plan of Augmentation, draft decree, or engineering reports that would be required for filing with the Colorado Water Court. Therefore, the contractor will provide the expertise needed for this filing, coordinating with the attorneys that would represent the USFS within the Office of General Counsel (OGC) and U.S. Department of Justice (DOJ), and addressing the concerns of any interested public water rights holders that are involved in the case.

II. SCOPE OF WORK

The services to be provided by the contractor for each well include the following:

1. Task 1: Research: Research and summarize depletions and potential water operations for both wells. The SMV Work Center includes administrative and warehouse buildings, seasonal housing, permanent residence housing, and the SMV picnic area. The Green Ridge Complex includes Green Ridge Campground, Green Ridge boat launch, and one small administrative building. An aquatic nuisance species (ANS) inspection station on Shadow Mountain Reservoir, run by Colorado Parks and Wildlife, may be added to the Green Ridge Complex system in the future.

Task 1a: Review information provided by USFS and other sources regarding use at each system. Estimate losses under proposed operations.

2. Task 2: Review: Review water rights and diversion records downstream and determine potentially injured parties for each system.

Task 2a: Review water rights information, diversion records and any administrative call records.

Task 2b: Contact Division of Water Resources to confirm water rights operations.

Task 2c: Confirm list of potentially affected key water rights and summarize timing and duration of possible shortage or replacement obligation.

3. Task 3: Sources: Determine potential sources for augmentation of water and describe approximate cost and terms associated with those sources for each system. For potential ANS station, provide costs and options for obtaining water right so Forest can decide on weather to include it in the plan or not.

4. Task 4: Engineering Report: Prepare a engineering report that covers both systems. This report will be sufficient to document the basic operations under the augmentation plan to support drafting the Water Court application and SWSP. Following submittal of the application, the Court may require submittal of several enhanced versions of this report, which will be determined in the future, but incidental to this item.

Task 4a: Review past engineering reports to determine validity.

Task 4b: Use water rights research from Task 1 and 2 to describe the quantity and timing of depletions, the proposed water operations and summarize the augmentation plan to prevent injury.

Task 4c: Utilize the information from the depletion determination to draft a Substitute Water Supply Plan application.

5. Task 5: Court Application: Draft the court application and answer questions from DOJ, OGC, and USFS as needed for DOJ to file the application.

III. GOVERNMENT PROVIDED SERVICES

In order for these services to be provided, the USFS will:

1. Make available all known data relevant to the cases, including any past engineering reports.

2. Provide a list of the current known structures in place at SMV Work Center and the Green Ridge Complex (i.e., number of hand pumps, buildings, and sites, etc.) as requested.

3. Review and provide comments on Draft Substitute Water Supply Plans, and file with Colorado Division of Water Resources.

4. Review and provide comments on draft reports, water court applications, and complete litigation package for OGC and DOJ.

IV. Schedule and Timing