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HomeMy WebLinkAbout2009-595 - DWA MOUDESCHUTES COUNTY DOCUMENT SUMMARY (NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form electronically to the Board Secretary.) Date: 10/5/2009 Please complete all sections above the Official Review line. Department: Contractor/Supplier/Consultant Name: Contractor Contact: Administrative Services Rept/Je n -i de -r Contractor Phone #: Type of Document: Memorandum of Understanding Goods and/or Services: The DWA is an oranization composed of 24 area jurisdictions and other interested parties established to provide needed water education, water policy discussions and to develop an integrated regional water management plan. Background & History: Several regional governmental jurisdictions, irrigation districts and other vested organizations have been developing the foundation for re- establishing the DWA. This organization would be a forum for all parties with a vested interest in water policy and related actions to meet in an effort to develop a unified, long- term, regional vision for water management. Agreement Starting Date: October 12, 2009 Ending Date: Annual Value or Total Payment: rpil ❑ Insurance Certificate Received check box) Insurance Expiration Date: N/R Check all that apply: C RFP, Solicitation or Bid Process n Informal quotes (<$150K) ® Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37) Funding Source: (Included in current budget? ❑ Yes ® No If No, has budget amendment been submitted? ❑ Yes ® No Is this a Grant Agreement providing revenue to the County? E Yes ® No Special conditions attached to this grant: Deadlines for reporting to the grantor: 10/5/2009 If a new FTE will be hired with grant funds, confirm that Personnel has been notified that it is a grant -funded position so that this will be noted in the offer letter: ❑ Yes [ No Contact information for the person responsible for grant compliance: Name: Phone #: Departmental Contact and Title: Dave Inbod , Assistant to the County Administrator Ph ne #: 322-7697 I) . Department Director Approval: c ,�o5(cpi Signatuhe Date Distribution of Document: Who gets the original document and/or copies after it has been signed? Include complete information if the document is to be mailed. Official Review: County Signature Required (check one): ❑ BOCC ❑ Department Director (if <$25K) ❑ Administrator (if >$25K but <$150K; if $150K, BOCC Order No. Legal Review r (/;gij ti Date Document NumberfC 9 """}_ Cy- S- c 10/5/2009 A forum to discuss regional water management needs through collaboration. Fortdistribution August 11. 200 Adopted , 2009 Revised LEGAL COUNSEL OC -2009-595 DESCHUTES WATER ALLIANCE (DWA) Memorandum of Understanding The Deschutes Water Alliance A forum to discuss regional water management needs through collaboration. INTRODUCTION The Deschutes Water Alliance is a regional forum that has the potential to establish ongoing regional water management planning and coordination to address key water issues in the Deschutes Basin. The Deschutes Water Alliance (DWA) was first formed in 2004 through a grant from the Bureau of Reclamation. The original membership included the irrigation districts (Deschutes Basin Board of Control), cities (Central Oregon Cities Organization), the Confederated Tribes of Warm Springs, and the Deschutes River Conservancy. Under this federal grant, the DWA formed a water bank as a market-based approach to redistributing water rights in the Deschutes Basin. In addition, the DWA published the following studies which can be found on the DRC website www.deschutesriver.org. • "Instream Flow in the Deschutes Basin" • "Future Groundwater Demand in the Deschutes Basin: Monitoring , Status and Restoration Needs" • "Growth, Urbanization and Land Use Change" • "Irrigation District Water Efficiency Cost Analysis and Prioritization" • "Reservoir Management", and • "Long-range Water Resources Management in Central Oregon." Since January of 2009, a group of original DWA partners has been meeting to consider various options for broadening the scope and participation in the DWA. The group proposes to expand participation by including county government and creating an ongoing forum for discussion about key water issues in the basin. The DWA believes that it is best to address water issues at the regional level in addition to the local level because changes in water use or distribution in one jurisdiction can have an affect in another jurisdiction. Resolution of these water challenges can be addressed most effectively through a regional water planning process. It is critical for there to be a better regional understanding about water management. After reviewing the original DWA studies and examining other existing water -related collaborations in the basin, the working group concluded that a forum comprised primarily of local governments was needed for water education, water policy discussions and to develop an integrated regional water management plan. Therefore, the undersigned agree to establish the Deschutes Water Alliance (DWA). DWA Rev. 081109 1 Purpose To increase understanding of water issues in the region and meet regional water management needs by developing an integrated regional water management plan. Goals 1. Secure and maintain stream flows and water quality in the Deschutes Basin for the benefit of fish, wildlife, and people. 2. Secure and maintain a reliable and affordable supply of water to sustain agriculture. 3. Secure and maintain a safe, affordable and high quality water supply for urban communities. Objectives 1. Provide a forum for discussion, understanding and coordination of water needs. 2. Build on the previous studies and reports and work collaboratively to create a regional integrated water management process and plan. Structure and Membership The Board and Officers The DWA shall be governed by a voluntary Board of Directors and is comprised of MOU signatories. Designated alternates may participate in board meetings and work sessions and may vote on behalf of their respective board members. A Chair and Vice Chair of the board shall be elected annually by the board. The Chair and Vice Chair shall be responsible for scheduling meetings, preparing and distributing agendas, keeping meeting notes, and overseeing DWA administration. The membership of DWA will consist of the following, elected/officials and alternates as voting and non-voting members: VOTING MEMBERS The Confederated Tribes of Warm Springs Crook County Deschutes County Jefferson County City of Bend City of Culver City of La Pine City of Madras City of Metolius City of Prineville DWA Rev. 081109 (elected official or alternate) (elected official or alternate) (elected official or alternate) (elected official or alternate) (elected official or alternate) (elected official or alternate) (elected official or alternate) (elected official or alternate) (elected official or alternate) (elected official or alternate) 2 City of Redmond City of Sisters Central Oregon Irrigation Dist. North Unit Irrigation Dist. Ochoco Irrigation Dist. Three Sisters Irrigation Dist. Tumalo Irrigation Distr. Swalley Irrigation Dist. Arnold Irrigation Dist. Crook County Improv. Dist. Avion Water Company Deschutes Valley Water District La Pine Water District Deschutes River Conservancy NON-VOTING MEMBERS (elected official or alternate) (elected official or alternate) (elected official or alternate) (elected official or alternate) (elected official or alternate) (elected official or alternate) (elected official or alternate) (elected official or alternate) (elected official or alternate) (elected official or alternate) (CEO or alternate) (CEO or alternate) (CEO or alternate) (Exec. Director or alternate) Oregon Water Resources Dept. Oregon Fish and Wildlife Oregon Dept. of Environmental Quality (DEQ) STAKEHOLDERS (Local Manager Appointment) (Local Manager appointment) (Local Manager appointment) In order to achieve its goals, the DWA will need to inform, consult with and seek agreement with a wide range of other stakeholders including but not limited to the following: State Legislators Congressional delegation Water Resources Commissioners Department of Environmental Quality Bureau of Reclamation U.S. Fish & Wildlife Service National Oceanic and Atmospheric Administration U.S. Forest Service Bureau of Land Management Upper Deschutes Watershed Council Crooked River Watershed Council Crook County Soil & Water Conservation District Jefferson County Soil & Water Conservation District Deschutes County Soil & Water Conservation District Development interests, destination resorts, etc. WaterWatch American Rivers Trout Unlimited DWA Rev. 081109 3 Work plan and Budget The Board shall develop a work plan and budget to create an integrated regional water management plan using the original DWA studies as a starting point. All voting members of the DWA shall contribute financially based upon a formula to be determined, including grants and in-kind contributions. The Board will approve the work plan, budget and financial formula. The evaluation of potential grant opportunities will be a priority for the DWA. Consensus Decision-making DWA will use a consensus decision-making process and will foster a collaborative approach to problem solving. Consensus means that all members agree to support the decision. Members may choose not to block the consensus even though they do not fully agree with the decision. Members are encouraged to voice and have recorded all views. Once a consensus decision has been reached, all members agree to support that decision. Sufficient time will be provided for the members to seek advice from constituents, agencies, or other experts, when desired, before a decision is adopted. All members present at the meeting are included in the consensus process. Any member may abstain from the consensus and may request to be acknowledged as abstaining in any publication of the consensus. Abstaining is a choice not to block or to support the decision. If any member feels the need to stand in the way of consensus on a decision, he/she will explain his/her concern with the proposed decision to the group, and the group will make every attempt to understand the concern and the underlying interests. The group may decide to delegate the issue to a working group for further exploration, development or recommendation for the full group. The group may delegate decisions on administrative matters to a smaller group, such as the executive committee. Quorum and Voting A quorum shall be achieved for conducting DWA business when one more than 50% of the board members or their alternates are present, either in person or by other means allowing real time participation in the board meeting. If any board member is absent and unable to participate in real time, voting is permitted by recorded voice or written message as long as the message is received by the Chair prior to the vote being taken at the meeting. It is desirable although not mandatory that a quorum is achieved through balanced representation of municipalities, counties, tribes and irrigation districts. DWA Rev. 081109 4 Meetings and Notification Regular Board meetings shall be held as determined by the Board. Special meetings may be called as needed. The Chair or Vice Chair will notify board members of meeting times and locations two weeks in advance of the meetings. Meeting Conduct Members will treat each other with respect and in a manner that provides opportunity for group decision making. Conflict will also be addressed in keeping with the consensus based operating guidelines. Public Outreach Process All DWA meetings will be open to public attendance and any member of the public may attend any meeting. The public is encouraged to participate at the appropriate time on the meeting agenda. Amendments Amendments to this agreement may be made only by unanimous agreement of the Board. Termination Any party may terminate its involvement in the DWA by providing 60 days written notice to all DWA member organizations. DWA Rev. 081109 5 Signatures Signatories to this agreement attest that their respective governing bodies have approved participation in the DWA and this approval is evidenced by the public minutes. Listed next to the signatories is the name of the Elected Official who has been designated to serve as DWA board member. Elected Officials may list the name of an Alternate who will attend DWA Board meetings in their absence. Agreed and signed this day of , 2009 Non-voting members, please list the official representative and an alternate. DWA Rev. 081109 6 VOTING MEMBERS MEMBER ORGANIZATION SIGNATURE NAME OF ELECTED OFFICIAL NAME OF ALTERNATE The Confederated Tribes of Warm Springs Deschutes County Crook County Jefferson County Central Oregon Irrigation Dist. North Unit Irrigation Dist. Ochoco Irrigation Dist. Three Sisters Irrigation Dist. Tumalo Irrigation Dist. Swalley Irrigation District Arnold Irrigation District Crook County Improvement Dist. City of Bend City of Redmond City of Prineville City of Madras City of Sisters City of Culver City of La Pine City of Metolius Avion Water Company Deschutes Valley Water Dist. La Pine Water District Deschutes River Conservancy Non-voting members, please list the official representative and an alternate. DWA Rev. 081109 6 END OF DESCHUTES WATER ALLIANCE MEMORANDUM OF UNDERSTANDING DWA Rev. 081109 7 NON-VOTING MEMBERS MEMBER ORGANIZATION NAME OF OFFICIAL NAME OF ALTERNATE Oregon Water Resources Dept. Oregon Dept. of Fish and Wildlife Oregon Dept. of Environmental Quality END OF DESCHUTES WATER ALLIANCE MEMORANDUM OF UNDERSTANDING DWA Rev. 081109 7