HomeMy WebLinkAbout2011-303 Agrmt - Million Ditch Water Users Group AGREEMENT
This Agreement is entered into this 16 day of November, 2011, by and between the
Million Ditch Water Users Group ("MDWUG") and the City of Ashland, Oregon ("City").
RECITALS
A. MDWUG owns, operates, and maintains a diversion and irrigation water
delivery system, known as "Million Ditch," which uses water from Ashland
Creek north of the rail line in the City;
B. City wishes to undertake a project to restore the riparian bank of Ashland
Creek north of the rail line ("Ashland Creek Riparian Bank Restoration
Project'), including the construction of improvements to Million Ditch; and
C. MDWUG supports completion of the Ashland Creek Riparian Bank Restoration
Project.
NOW THEREFORE, the parties agree as follows:
AGREEMENTS
1. The recitals above are incorporated herein by reference.
2. City will undertake and complete the following activities:
a. Removing portions of the existing steel irrigation pipe and dam;
b. Coordinating installation of the new fish screen mechanism by the ODFW;
c. Connecting said screen to the existing 6" PVC irrigation pipe and new HDPE
diversion pipe;
d. Installing the new intake head gate system and the new welded joint HDPE
diversion pipe from intake to the new fish screen; and
e. Providing a valve operating key to MDWUG.
3. MDWUG agrees to cooperate to the extent practicable during the installation of the
new irrigation system, which will likely involve periodic disruption of water from
Million Ditch.
4. MDWUG will be responsible for the following activities:
a. The minor maintenance of the fish screen as set forth under ORS 498.306(15)f.
This entails operation of the fish screen, including periodic inspection and
PAGE 1 - AGREEMENT
lubrication, and installation and removal of the drum at the beginning and end of
each irrigation season;
b. Operation, and all major and minor maintenance and repair of the diversion
system and irrigation water delivery system (excluding fish screen) upon Final
Completion and the City's official acceptance of the Ashland Creek Riparian
Bank Restoration Project.
c. Seasonal and circumstantial opening and closing of the Million Ditch head-gate
valve apparatus.
5. MDWUG agrees to indemnify and hold City harmless from any and all claims, costs
and damages asserted against City, its officers, employees and agents resulting from
injury to any person or damage to property of whatsoever nature arising out of
negligence or carelessness on the part of the persons or entities released, except for
injury to person or damage to property arising out of the intentional misconduct or the
recklessness of the City or its officers, employees and agents.
6. The parties understand and agree that the Oregon Department of Fish and Wildlife will
be responsible for all major screen mechanism repairs, including replacement (if
needed due to failure for any reason, or a change in the screening criteria).
Dated: 11/16/2011 MILLION DITCH WATER USERS GROUP
By: r Lee Wand
Title: Primary Ditch Maintainer
Dated: "// /2°�� CITY OF ASHLAND
By:
Title: Qv10\�wor� j�ccdb�-
PAGE2 -AGREEMENT
CITY OF
ASHLAND
NOTICE OF TRANSMITTAL
TO: Barbara Chrictensen DATE: November 17,2011
City Recorder PROJECT: Ashland Creek Bank Restoration
JOB NO.: 2006-29
SUBJECT: Agreement
THE FOLLOWING ITEMS ARE BEING SENT TO YOU:
1. Original signed agreement regarding work to be done on the Million Irrigation Ditch
ENCLOSED X
UNDER SEPARATE COVER
REMARKS: This document is a simple definition of duties and obligations regarding the
pending reconstruction of the headworks of the Million Irrigation Ditch and need
not be recorded. Please file in the City's vault files.
COPIES TO: Morgan Wayman
Russ Lawrence
Department of Publi
By: James H. Olson
Title: Engineering tc anager
PUBLIC WORKS Tel:54IA88-5587
20l Main Street Fax:541
800-736006
Ashland,Oregon 97520 TTY: 800-735-2900
w .ashland.onus