WOODRUFF CREEK WATERSHED PLAN AND ENVIRONMENTAL ASSESSMENT

(The following is not the complete transcript. I would encourage each of you to read the verbiage to see if it is what you want this plan to be for owners of the lands involved. I recognize the need for water  and flood protection, but 102 years is a mighty long time. Can there be shorter time versions and still be a work for the good of the land and water?)

Any idea of how much the Operations and Maintenance will cost yearly?

This document was developed to assess the impacts of the proposed Woodruff Creek Watershed

Agricultural Water Management Project (Proposed Project). The purpose of the Proposed Project

is to increase the efficiency of agricultural water use for users of Woodruff Irrigating Company

(WIC) and Rich County. The Proposed Project is needed because the current irrigation delivery

system is aging and inefficient. As a secondary purpose, the Proposed Project is needed to detain

peak runoff within WIC’s service area to protect land and community infrastructure from canal

breaches and flooding related damages during storm events; and to protect runoff, erosion, and

sediment damages to areas downstream of the Woodruff Creek Reservoir. The total project

installation cost would be $5.68 million. The estimated amount to be paid by the USDA-NRCS

as authorized by Public Law 83-566 is approximately $4.45 million. This Draft Plan-EA was

developed pursuant to the requirements of the National Environmental Policy Act (NEPA) and is

intended to be considered for authorization of Public Law 83-566 funding.

S.9 Description of the Preferred Alternative

The Preferred Alternative would reconstruct twenty-five (25) existing diversion structures on Woodruff and Birch Creek, including installation of measurement flumes and supervisory control and data (SCADA) technologies at each diversion; reconstruct the splitter structure on Woodruff Creek; and install improvements to the existing Woodruff Creek Reservoir Gate

WOODRUFF CREEK WATERSHED PLAN AND ENVIRONMENTAL ASSESSMENT

WATERSHED WORK PLAN AGREEMENT between Woodruff Irrigating Company and Rich County, Utah (Referred to herein as sponsors) and the Natural Resources Conservation Service,
U.S. Department of Agriculture (Referred to herein as NRCS).

Whereas, application has heretofore been made to the Secretary of Agriculture by the sponsors for assistance in preparing a plan for works of improvement for the Woodruff Creek Watershed, State of Utah under the authority of the Watershed Protection and Flood Prevention Act, as amended (16 U.S.C. Sections 1001 to 1008, 1010, and 1012);

and Whereas, the responsibility for administration of the Watershed Protection and Flood Prevention Act, has been assigned by the Secretary of Agriculture to the NRCS;

and Whereas, there has been developed through the cooperative efforts of the sponsors and NRCS a watershed project plan and environmental assessment for works of improvement for the Woodruff Creek Watershed, State of Utah, hereinafter referred to as the watershed project plan or plan, which plan is annexed to and made a part of this agreement;

Now, therefore, in view of the foregoing considerations, the Secretary of Agriculture, through NRCS, and the sponsors hereby agree on this watershed project plan and that the works of improvement for this project will be installed, operated, and maintained in accordance with the terms, conditions, and stipulations provided for in this plan and including the following:

1. Term. The term of this agreement is for the installation period and evaluated life of the project (102 years) and does not commit NRCS to assistance of any kind beyond the end of the evaluated life.

2. Costs. The costs shown in this plan are preliminary estimates. Final costs to be borne by the parties hereto will be the actual costs incurred in the installation of works of improvement.

3. Real Property. The sponsors will acquire such real property as will be needed in connection with the works of improvement. The amounts and percentages of the real property acquisition costs to be borne by the parties are as shown in the cost-share table in section 5.

The sponsors agree that all land acquired for measures, other than land treatment practices, with financial or credit assistance under this agreement will not be sold or otherwise disposed of for the evaluated life of the project except to a public agency that will continue to maintain and operate the development in accordance with the operation and maintenance agreement.

5. Table Image

6. Land Treatment Agreements. The sponsors will obtain agreements from owners of not less than 50 percent of the land above each multiple-purpose and floodwater-retarding structure. These agreements must provide that the owners will carry out farm or ranch conservation plans on their land. 

The sponsors will ensure that 50 percent of the land upstream of any retention reservoir site is adequately protected before construction of the dam. 

The sponsors will provide assistance to landowners and operators to ensure the installation of the land treatment measures shown in the Watershed Project Plan. 

The sponsors will encourage landowners and operators to continue to operate and maintain the land treatment measures after the long-term contracts expire, for the protection and improvement of the watershed.
UTAH - Woodruff Creek Watershed Plan-EA Agreement 3
7. Floodplain Management. Before construction of any project for flood prevention, the sponsors must agree to participate in and comply with applicable Federal floodplain management and flood insurance programs. The community of Woodruff, Utah participates in the flood insurance program and is currently in good standing.
8. Water and Mineral Rights. The sponsors will acquire or provide assurance that landowners or resource users have acquired such water, mineral, or other natural resources rights pursuant to State law as may be needed in the installation and operation of the works of improvement.

9. Permits. The sponsors will obtain and bear the cost for all necessary Federal, State. and local permits required by law, ordinance, or regulation for installation of the works of improvement.

14. Operation and Maintenance (O&M). The sponsors will be responsible for the operation, maintenance, and any needed replacement of the works of improvement by performing the work or arranging for such work, in accordance with an O&M Agreement. An O&M agreement will be entered into before Federal funds are obligated and will continue for the project life 102 years.

Although the sponsor's responsibility to the Federal Government for O&M ends when the O&M agreement expires upon completion of the evaluated life of measures covered by the agreement, the sponsors acknowledge that continued liabilities and responsibilities associated with works of improvement may exist beyond the evaluated life.

15. Emergency Action Plan. Prior to construction, the sponsors must prepare an Emergency Action Plan (EAP) for each dam or similar structure where failure may cause loss of life or as required by state and local regulations. The EAP must meet the minimum content specified in NRCS Title 180, National Operation and Maintenance Manual (NOMM)

UT AH - Woodruff Creek Watershed Plan-EA Agreement 4
500, Subpart F, Section 500.52, and meet applicable State agency dam safety requirements. The NRCS will determine that an EAP is prepared prior to the execution of fund obligating documents for construction of the structure. EAPs must be reviewed and updated by the sponsors annually.