HomeMy WebLinkAbout2014-210 Consent - DOI-TID-CoA for Bear Creek Siphon
Jackson County Official Records 2014-020540
R-CO
Cnt=1 MORGANSS 08/06/2014 02:55:25 PM
$60.00 $10.00 $8.00 $11.00 $20.oo Total:$112.00
$3.00
Recording requested by: 11111111111111111111111111111111111
City of Ashland, Oregon 01634562201400205400120,
After recording return to: I, Christine Walker, County Clerk for Jackson County, Oregon, certify
Bureau of Reclamation (see address below). that the instrument identified herein was recorded in the Clerk
records.
Until a change is requested send property tax Christine Walker - County Clerk
statements to: No change in fee ownership.
Consideration: Other than money.
Location: Section 31, T38S, R1E, WK no tax lot-
Hwy 99 ROW, Jackson County, OR.
RealtyFile No.• 14-07-1B-L0009. Space above the line for is Recorder's use.
Issued by: Concurrence by: Issued to:
Bureau of Reclamation Talent Irrigation District City of Ashland
Attn: Douglas DeFlitch Attn: Jim Pendleton Attn: Mike Faught
Field Office Manager, BFO-1400 District Manager Public Works Director
Bend Field Office 104 W Valley View Rd 51 Winburn Way
1375 SE Wilson Ave, Suite 100 PO Box 467 (mail) 20 E Main Street (mail)
Bend, OR 97702 Talent, OR 97540 Ashland, OR 97520
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
Rogue River Basin Project, Oregon
CONSENT
to Place a Municipal Water Main (TAP Intertie Project)
Over and Across the Bear Creek Siphon
THIS CONSENT DOCUMENT is issued pursuant to the Act of June 17, 1902, 32 Stat. 388,
(Reclamation Act), and acts amendatory thereof and supplementary thereto, collectively referred to as
the Federal Reclamation Laws, and the Act of 1939, Section 10, 53 Stat. 1196 (Reclamation Project
Act), as amended by the Act of August 18, 1950, 64 Stat. 463, and pursuant to 43 C.F.R. Part 429 -
Use of Bureau of Reclamation Lands, Facilities, and Waterbodies;
BY the UNITED STATES OF AMERICA, acting through the BUREAU OF
RECLAMATION, hereinafter called Reclamation, with the concurrence of TALENT IRRIGATION
DISTRICT, an Oregon special district government, hereinafter called TID, to the CITY OF
ASHLAND, an Oregon municipal corporation;
IN CONSIDERATION of the covenants and warranties stated herein, to which the parties
agree to be bound, and incorporating the recitals, terms and conditions, stipulations and provisions,
and Exhibits A through C, herein;
RECLAMATION CONSENTS to the City of Ashland's request to place, operate, and
maintain a municipal water main over and across the Bear Creek siphon in accordance with the terms
and conditions stated herein, in the location depicted generally in Exhibit A, within the Oregon
Department of Transportation right of way for Highway 99, in Section 31, T3 8S, RI E, WM, in
Jackson County, Oregon; effective on the date of Reclamation's signature hereon, and continuing for
a period of twenty-five (25) years to expire on December 31, 2038.
Consent to Cross the Bear Creek Siphon with TAP Intertie Water Main ORIGINAL
City of Ashland, Realty File No. 14-07-1B-L0009 Page 1 of 12
SUBJECT TO:
Recitals
5. City of Ashland will run out of potable water by late summer 2014 due to recent drought
conditions. To obtain additional supply, the city is installing a 16-inch, ductile iron water main a
distance of 14,000 feet from the City of Talent to Ashland. The water main will connect to an
existing water line that originates in Medford, Oregon, and provide periodic emergency and
supplemental potable water supplies to Ashland. Planning for the water main, as part of the TAP
Intertie Project (Talent, Ashland, Phoenix), has been on-going since 1998, and has included
renegotiating water rights with Reclamation and TID. The lack of snow pack in the winter of
2013/2014, now requires City of Ashland to expedite the installation of the water main as an
emergency procurement project. The project is funded by City of Ashland and partly funded by an
Oregon IFA loan using funds from the Environmental Protection Agency.
6. The water main for the TAP Intertie Project will cross the Bear Creek Siphon, a feature of
the Talent Division of Reclamation's Rogue River Basin Project. The siphon is a high-pressure,
buried pipe that conveys irrigation water under Bear Creek and Highway 99 to a higher elevation on
the Talent Canal. The canal and siphon are operated and maintained by TID under contract with
Reclamation (see, Repayment Contract No. 14-06-100-1045, dated August 27, 1956, as amended and
supplemented). Congress authorized Reclamation to reconstruct and expand the irrigation facilities of
TID in the Act of August 20, 1954, 68 Stat. 752, and the Act of October 1, 1962, 76 Stat. 677. This
consent document does not amend or change the project authorization or the repayment contract.
7. To facilitate the Federal water project authorization, TID conveyed its interests in certain
facilities and real property to the United States by Quitclaim Deed, dated September 7, 1960, recorded
in the Jackson County Deed Records on September 15, 1960, in Volume 495, page 375, and by
Supplemental Quitclaim Deed, dated August 1, 1961, recorded in the Jackson County records at
Volume 511, page 216. Title to project works remains in the name of the United States until
otherwise provided for by Congress.
. Construction During Irrigation Season
8. City of Ashland may elect to construct the water main crossing during irrigation season
with the understanding that disturbing the ground around the high-pressure siphon is dangerous and
that a break in the siphon could result in loss of life and damage to property. A break in the Bear
Creek siphon would necessitate shutting off the diversion of water into the Talent Canal at the Oak
Street Diversion. Routing about half of the water normally carried by the Bear Creek siphon through
other facilities might be possible, but doing so might put the other facilities at higher risk of failure.
The cessation or reduction in water deliveries could result in crop losses and other damages to TID
water users. The Talent Canal serves approximately 4,000 acres and 856 water users.
Consent to Cross the Bear Creek Siphon with TAP Intertie Water Main ORIGINAL
City of Ashland, Realty File No. 14-07-1 B-L0009 Page 2 of 12
Indemnification
9. City of Ashland hereby agrees to indemnify the United States and TID for, and hold the
United States and TID harmless from, all damages resulting from suits, actions, or claims of any
character brought on account of any injury to any person or property arising out of any act, omission,
neglect, or misconduct in the manner or method of performing any construction, reconstruction, care,
operation, maintenance, supervision, examination, inspection, or other activities of City of Ashland.
10. City of Ashland warrants to Reclamation and TID, that City of Ashland and its agents and
contractors have worker's compensation and public liability and property damage insurance in
sufficient policy limits to completely fund City of Ashland's indemnity obligations.
Ownership
11. City of Ashland will own the municipal water main improvements. City of Ashland will
place, operate, and maintain the municipal water main improvements in a good and workmanlike
manner.
12. City of Ashland will assure compliance with all laws, regulations, and orders of the
United States, and any other public authority affecting such works. City of Ashland will obtain all
permits or clearances required by other Federal agencies, and State, Tribal, County, and local
governments.
13. After the municipal water main improvements have been completed, City of Ashland will
not install any additional improvements or carry on activities such as installing gates or sign-posts, or
drilling, digging or boring in or around the Bear Creek siphon without first receiving prior written
approval from Reclamation and TID.
14. City of Ashland shall not in any case or circumstance stop, impede, or interfere with the
flow of water in any irrigation project facilities without prior written permission from Reclamation
and TID.
15. If the construction, operation, maintenance, or reconstruction of the irrigation project
facilities are made more expensive by reason of the existence of City of Ashland's improvements
described herein, each time such additional expense is incurred, City of Ashland will make payment
to compensate the United States as instructed by Reclamation. As an alternative to payment, City of
Ashland, at its sole cost and expense and within time limits and conditions established by
Reclamation and TID, may remove or adapt its improvements to accommodate the construction,
operation, maintenance, or reconstruction of the irrigation project facilities.
Reservations
16. Reclamation's consent for the City of Ashland's water main crossing is subject to all
rights previously acquired by third parties. City of Ashland is responsible to identify and to obtain
permission from any party who holds rights to the land and improvements. Reclamation makes no
warranty of title and will not defend title.
Consent to Cross the Bear Creek Siphon with TAP Intertie Water Main " R I G I NAL
City of Ashland, Realty File No. 14-07-1 B-L0009 Page 3 of 12
17. The United States, acting through Reclamation, reserves rights to construct, operate, and
maintain public works now or hereafter authorized by Congress without liability for termination of
this consent document or damage to City of Ashland's activities or facilities.
18. Reclamation and TID shall at all times have the right of unrestricted access, including
ingress to, passage over, and egress from the area where the City of Ashland's water main crosses the
Bear Creek siphon, to make investigations of all kinds, dig test pits and drill test holes, to survey for
and construct reclamation and irrigation works and other structures incident to the Federal water
project, or for any purpose whatsoever.
Construction Stipulations
19. City of Ashland will place a 16-inch, class 50, ductile iron, water main pipe across the
Bear Creek siphon in accordance with the terms and conditions in this consent document and in
accordance with engineering drawings submitted to Reclamation by RH2 Engineering, Inc., of 60 N
4`h Street, Central Point, OR. Said engineering drawings, Drawing No. D02 (sheet 14 of 15) revised
6/19/2014, and Drawing No. W07 (sheet 8 of 15) revised 6/10/2014, are incorporated herein by
reference and partially depicted in Exhibits B and C. In case of conflict, the terms of this consent
document will control over the drawings.
20. City of Ashland will schedule the timing of construction with TID. If the proposed
construction date conflicts with TID's schedule, City of Ashland will reschedule the dates of
construction without cost to Reclamation and TID. City of Ashland will allow personnel from TID
and Reclamation on site to observe construction.
21. City of Ashland is responsible for locating the siphon. City of Ashland previously dug an
exploratory hole and exposed the top of the siphon. The hole was backfilled with sand. City of
Ashland will remove the sand and re-expose the siphon only in the exploratory hole. City of Ashland
will not further expose the siphon without written permission from Reclamation and TID.
22. City of Ashland will excavate a trench in the alignment of its water main pipe that will
cross the siphon at an approximately 30 degree skew. City of Ashland must use the utmost caution to
not exert pressure on the siphon at any time or in any manner. If equipment is used to remove any
hard ground surface layer, the City must use extreme caution. Below any asphalt or hard ground
surface layer, excavation within 10 feet on either side of the centerline of the siphon must be by low-
impact methods such as hand-digging or water-vacuum truck excavation.
23. City of Ashland will backfill the exploratory hole with CLSM that has a minimum
compressive strength of 1200 psi at 28 days after placement. City will allow the CLSM on the siphon
to cure for at least 2 hours before placing a 6-inch layer of rock fill over the CLSM and placing the
water main pipe across the rock fill.
24. City of Ashland will allow the CLSM placed directly over the siphon to cure for at least
24 hours before placing rock fill over the city's water main pipe and placing a surface pad of CLSM.
Consent to Cross the Bear Creek Siphon with TAP Intertie Water Main ORIGINAL
City of Ashland, Realty File No. 14-07-1B-L0009 Page 4 of 12
A
25. City of Ashland will allow the CLSM placed directly over the siphon to cure for at least
48 hours before driving any heavy equipment, such as paving equipment, within 10 feet on either side
of the centerline of the siphon.
26. City of Ashland will provide Reclamation, upon request and at no cost to Reclamation,
documents pertaining to the water main crossing improvements, including but not limited to:
engineering drawings (design and as-built), specifications, survey drawings and notes, geotechnical
data, inspection reports, and testing certifications.
27. City of Ashland agrees that blasting is expressly prohibited at or near the irrigation
siphon.
28. City of Ashland is responsible for identifying any hidden conditions.
Hazardous Materials
29. City of Ashland will not allow contamination or pollution of Federal lands, waters or
facilities and for which City of Ashland has the responsibility for care, operation, and maintenance by
its employees or agents and will take reasonable precautions to prevent such contamination or
pollution by third parties. Substances causing contamination or pollution will include, but are not
limited to, hazardous materials, thermal pollution, refuse, garbage, sewage effluent, industrial waste,
petroleum products, mine tailings, mineral salts, misused pesticides, pesticide containers, or any other
pollutants.
a. City of Ashland will comply with all applicable Federal, State, and local laws and
regulations, and Reclamation policies and directives and standards, existing or hereafter enacted or
promulgated, concerning any hazardous material that will be used, produced, transported, stored, or
disposed of on or in Federal lands, waters, or facilities.
b. "Hazardous material" means any substance, pollutant, or contaminant listed as
hazardous under the Comprehensive Environmental Response, Compensation, and Liability Act of
1980, as amended, 42 U.S.C. § 9601, et seq., and the regulations promulgated pursuant to that Act.
c. Upon discovery of any event which may or does result in contamination or pollution
of Federal lands, waters or facilities, City of Ashland will initiate any necessary emergency measures
to protect health, safety and the environment and will report such discovery with full details of the
actions taken to Reclamation and TID. Reporting may be within a reasonable time period. A
reasonable time period means within 24 hours of the time of discovery if it is an emergency or by the
first working day if it is a non-emergency. An emergency is any situation that requires immediate
action to reduce or avoid endangering public health and safety or the environment.
d. Violation of any of the provisions of this Article, as determined by Reclamation, may
constitute grounds for termination of Reclamation's consent. Such violations require immediate
corrective action by City of Ashland and will make the city liable for the cost of full and complete
remediation and or restoration of any Federal resources or facilities that are adversely affected as a
result of the violation.
Consent to Cross the Bear Creek Siphon with TAP lntertie Water Main ORIGINAL
City of Ashland, Realty File No. 14-07-1 B-L0009 Page 5 of 12
e. City of Ashland agrees to include the provisions contained in paragraphs (a) through
(e) of this Paragraph in any subcontract or third-party contract it may enter into pursuant to this
document. Reclamation agrees to provide information necessary for the city using reasonable
diligence, to comply with the provisions of this paragraph.
Cultural Resources
30. City of Ashland will protect cultural resources found within the United States easement.
The city will immediately notify Reclamation of the discovery of any and all antiquities or other
objects of archeological, cultural, historic, or scientific interest on Reclamation lands. City of
Ashland will follow up with a written report of its findings to Reclamation within forty-eight (48)
hours. Objects under consideration include, but are not limited to, historic or prehistoric ruins, human
remains, funerary objects, and artifacts discovered as a result of activities under this document. The
city will immediately cease the activity in the area of the discovery, make a reasonable effort to
protect such discovery, and wait for written approval from Reclamation before resuming the activity.
Protective and mitigative measures specified by Reclamation will be the responsibility of City of
Ashland.
Termination
31. Reclamation may terminate this consent document at any time at no cost or liability to
Reclamation and TID upon written notice to City of Ashland - except that written notice is not
required when delay would endanger the public or the Federal water project operations (see 43 C.F.R.
§ 429.28) - in the following situations:
a. In the event of a natural disaster, a national emergency, a need arising from security
requirements, or an immediate and overriding threat to public health and safety; or
b. If Reclamation determines that: the use has become incompatible with authorized
purposes, operations, safety, or security of the Federal water project; or a higher public use is
identified through a public process described at 43 C.F.R. § 429.32(a)(1); or termination is necessary
for operational needs of the Federal water project; or that City of Ashland has failed to use the
consent given in this document for its intended purpose; or if City of Ashland fails to construct its
improvements within a reasonable time after the effective date of this consent document; or
c. If City of Ashland fails to comply with all applicable Federal, State, and local laws,
regulations, ordinances, or terms and conditions of this document, or to obtain any required permits or
authorizations; or if any activity deemed to be illegal is conducted on Federal lands.
32. City of Ashland may terminate this consent document with the written approval of
Reclamation and the concurrence of TID subject to the terms and conditions of their approvals.
33. Upon expiration, termination, or revocation of this consent document, City of Ashland
shall remove all structures, equipment, or other improvements owned by City of Ashland from the
crossing location at no cost to Reclamation and TID. If City of Ashland fails to remove any of its
Consent to Cross the Bear Creek Siphon with TAP [ntertie Water Main ORIGINAL
City of Ashland, Realty File No. 14-07-1 B-L0009 Page 6 of 12
improvements within sixty (60) days of final effective date of the consent document, any remaining
improvements shall, at the option of Reclamation, be removed or become the property of the United
States. City of Ashland shall pay all the expenses of the United States, or its assigns, related to
removal of such improvements.
Administration
34. Reclamation hereby waives the application fee and administrative fees pursuant to 43
C.F.R. Section 429.26(a)(6) because the applicant is a municipal utility.
35. Modifications to this document must be in writing and must be signed by authorized
officials of City of Ashland and Reclamation, and signed in concurrence by authorized officials of
TID.
36. Unless otherwise stated herein, notices will be in writing and delivered by: personal
delivery; United States Mail, postage prepaid; facsimile; email; or via recognized delivery services;
and must be delivered to City of Ashland, Reclamation, and TID to be effective service.
37. This document is binding upon and inures to the benefit of City of Ashland and
Reclamation and their respective successors and permitted assigns. This document cannot be
transferred or assigned without the prior written approval of Reclamation.
38. If any provision of this document is determined by competent authority to be invalid or
prohibited, the remainder of such provision and any other remaining provisions and the document as a
whole will be unaffected.
39. Titles in articles and paragraphs are for organizational purposes only and will not be used
to interpret this document.
40. This document does not obligate the expenditure of Federal funds in the current or future
fiscal years.
Civil Rights
41. City of Ashland agrees to comply and to require its subcontractors, subgrantees,
transferees, successors in interest, or any other participants, to comply with anti-discrimination laws
and regulations, including the Department of the Interior regulations at 43 C.F.R. § 17, that are
applicable to any program or activity receiving Federal financial assistance, on the basis of:
a. Race, color, or national origin pursuant to Act of July 2, 1964, Title VI, Section 601,
78 Stat. 241 (Civil Rights Act of 1964);
b. Disability pursuant to the Act of September 26, 1973, Section 504, Pub. L. 93-112, 87
Stat. 355 (Rehabilitation Act of 1973), as amended; and
Consent to Cross the Bear Creek Siphon with TAP Intertie Water Main ORIGINAL
City of Ashland, Realty File No. 14-07-1B-L0009 Page 7 of 12
c. Age pursuant to the Act of November 28, 1975, 89 Stat. 728, 42 U.S.C. § 6101 et
seq., (Age Discrimination Act of 1975), as amended, and 45 C.F.R. § 90.
Conflict of Interest
42. No Member of Congress shall be admitted to any share or part of any contract or
agreement made, entered into, or accepted by or on behalf of the United States, or to any benefit to
arise thereupon. (18 U.S.C. § 431, 41 U.S.C. § 22.)
IN WITNESS WHEREOF, this consent document is executed by:
CITY OF ASHLAND UNITED STATES OF AMERICA
BUREAU OF RECLAMATION
By
r
Dawn Wiedmeier
Acting Area Manager
Columbia-Cascades Area
On this A_ day of ,~t?N , 2014. On this a 31,10 day of -T~ , 2014.
IN WITNESS WHEREOF, Talent Irrigation District has considered and concurs with the making of
this consent document,
TALENT IRRIGATION DISTRICT
13y~ Attested by
On this y of , 2014. On this 20 day of 12014.
Consent to Cross the Bear Creek Siphon with TAP Intertie Water Main ORIGINAL
City of Ashland, Realty File No. 14-07-1B-L0009 Page 8 of 12
q
ACKNOWLEDGMENT
STATE OF 0
/'~C~Gi 7 )
)s.s.
County of
On this JO x' day of~1C 2014, M010 E
personally appeared before me, a Notary Public, and is known to me to be the indi dual who
executed the foregoi instrument, and who stated on oath that he is the
fr~c (aC%S'l(SIY~e1Z-Y and that he is authorized to execute the foregoing
instrument on behalf of CITY OF ASHLAND, an Ore¢on municipal corporation, and
acknowledges his execution of said instrument to be his free and voluntary act and deed for the uses
and purposes therein mentioned.
Y
OFFICIAL SEAL
BRENDA L BARKER s
(SE NOTARY PUBLIC-OREGON Notary Public
COMMISSION NO. 460033 State of MY COMMISSION EXPIRES JULY 13, 2015 Oregon
all
Residing at/:
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My Commission Expires: /31 dO/'-
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STATE OF
SrYj;j'®,~I/ )
)s.s.
County of Yj9 ~(!1M,4 )
On this c~ d day of 12014, Z),4tt)1V
personally appeared before me, a Notary Public, and is known to me to be the individual who
executed the foregoing. instrument, and who stated on oath that she is the
),er
1/I/0 4461 / pNA~ e of the Bureau of Reclamation, and that she is authorized to
execute the foregoing instrument on behalf of the UNITED STATES OF AMERICA, and
acknowledges her execution of said instrument to be her free and voluntary act and deed for the uses
and purposes therein mentioned.
a _
`bBION,
(S NOTARY m ary Public
r o: : M s State of: 14/A~ W
S PUBLIC s Residing at: IMA _
My Commission Expires: 7/4~f ea o
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Consent to Cross the Bear Creek Siphon with TAP lntertie Water Main ORIGINAL
City of Ashland, Realty File No. 14-07-1 B-L0009 Page 9 of 12
EXHIBIT A
APPROXIMATE LOCATION OF BEAR CREEK SIPHON
Section 31, T38S, RI E, WM
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Consent to Cross the Bear Creek Siphon with TAP lntertie Water Main ORIGINAL
City of Ashland, Realty File No. 14-07-1 B-L0009 Page 10 of 12
EXHIBIT B
ASHLAND MUNICIPAL WATER MAIN PLAN AND PROFILE
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Consent to Cross the Bear Creek Siphon with TAP Intertie Water Main ORIGINAL
City of Ashland, Realty File No. 14-07-1 B-L0009 Page 11 of 12
EXHIBIT C
BEAR CREEK SIPHON CROSSING DETAIL
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Consent to Cross the Bear Creek Siphon with TAP Intertie Water Main ORIGINAL
City of Ashland, Realty File No. 14-07-I B-L0009 Page 12 of 12
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