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4. Agreement Between City of Kalispell and the United States Geological Survey2 i City of Kalispell Public Works Department Post Circe Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-783 t REPORT TO: Mayor and City Council FROM: James C. Hansz, P.E., Director of Public Works SUBJECT: Agreement Between City and United States Geological Survey MEETING DATE: June 6, 2005 BACKGROUND: The United States Geological Survey (USGS) has operated a stream flow measuring station on the Stillwater River at Rose Crossing for many years. Recently, USGS has searched for a new site for this station which is closer to the confluence of the Stillwater with the Whitefish River. Relocating the measuring station is highly desirable in order to ensure the data is more representative of the total flow leaving the Stillwater drainage basin. USGS has proposed a new installation site on Buffalo Hill Golf Course property approximately 75 feet downstream of the bridge. The equipment will be maintained at USGS expense. USGS has reviewed the proposal with the golf course maintenance superintendent to ensure there is no potential for interference with golf course operations. Public Works has reviewed the proposal and has no concerns. The City Attorney has reviewed the proposed agreement and has expressed no concerns. The term of the agreement is ten (10) years. USGS may terminate earlier with sixty (60) days notice. It may continue beyond the ten years unless either party, with sixty (60) day notice, asks to terminate. The USGS letter of request and agreement is attached for information. Public Works believes that collecting accurate stream flow data is in the best interest of all and recommends that permission be granted for the installation and authorizing execution of the agreement. ACTION REQUESTED: AT CITY COUNCIL MEETING OF JUNE 6, MOTION TO GRANT PERMISSION TO THE UNITED STATES GEOLOGICAL SURVEY TO INSTALL A STREAM FLOW MEASUREMENT STATION ON BUFFALO HILL GOLF COURSE PROPERTY, AND AUTHORIZING EXECUTION OF THE EASEMENT AGREEMENT. FISCAL EFFECTS: None June 6, 2005 USGS Stream Gauge Agree=ncdoc ALTERNATIVES: As suggested by the City Council Respectfully submitted, 4ffei"C. Hansz, P.E. Director of Public Works 4 City Attachment: USGS Ietter and easement agreement June 6, 2005 USGS Stream Gauge Agreement.doe aes H. Patrick City Manager United States Department of the Interior U.S. GEOLOGICAL SURVEY Montana Water Science Center 3162 Bozeman Avenue Helena, Montana 59601 May 11, 2005 Mr. James C. Hansz, P.E., Director City of Kalispell, Public Works Department 312 1" Ave. E. P.O. Box 1997 Kalispell, Montana 59903-1997 Dear Mr. Hansz: The USGS Montana Water Science Center would like to obtain permission for the siting of a new streamgage within Buffalo Hills Golf Course for the purpose of monitoring streaniflows on the Stillwater River. We would also like permission to use the bridge on the golf course for the purpose of making occasional measurements of streamflow. The USGS, in cooperation with the Montana Department of Natural Resources and Conservation (DNRC), currently operates a streamgage on the Stillwater River near Rose Crossing. The gage collects stage, streamflow, and water -quality data as part of the USGS National Network of water information. The DNRC has expressed concern that the current gage is too far upstream to monitor total flow leaving the basin and has requested that we move our site closer to the mouth. On reconnaissance of possible new sites, we found a suitable site just upstream from Lawrence Park within Buffalo Hills Golf Course. The new site provides a footbridge that will allow us to make discharge measurements when flows are above wading stages and provides a fairly stable gravel riffle as the controlling feature, while still being far enough upstream from the mouth to avoid backwater during high flows_ The gage would be located on the left bank approximately 75 feet downstream from the bridge near the existing electrical service boxes. The physical appearance of the gage would be similar to the metal electrical boxes. Our equipment would be contained in a metal Hoffman -type box. Equipment would be DC -powered using small gel -cell type batteries and a solar panel for charging. On top of the gage would be a short mast containing the solar panel and an antenna for communication with the GOES West satellite. The equipment would include an air -bubbler system by which we measure the head above an orifice placed in the stream. A small plastic line would run from the bubbler system to the stream. The line would be lightly buried and pass through the brush downstream from the bridge and would not be visible. Measuring and maintenance would be accomplished with no disruption to the golf patrons and all equipment will be installed and maintained by the USGS office in Kalispell. There would be no cost or further obligation to the City of Kalispell. The USGS is willing to work with your office and the City of Kalispell to meet any requirements you might have to make the gage as unobtrusive as possible. We feel that the information our streamgages provide is a very valuable public service and all collected data are publicly available via the internet or from any of our offices in Montana. Attached is a copy of our standard easement agreement for your signature. If you have any questions, please contact me at (406)457-5901, Wayne Berkas at (406)457-5903, or Lucky Sultz in our office in Kalispell at (406)755-6686. Sincerely, Robert E. Davis Director cc: Lucky Sultz Wayne Berkas 2 Form 9-1482 Agreement Number: Revised (October 2002) AGREEMENT FOR INSTALLATION AND MAINTENANCE OF GAGING STATION The landowner agrees that the U.S. Geological Survey (USGS), Montana Water Science Center may install and maintain a gaging station on the landowner's property at a mutually agreed -upon site at the location listed below. The landowner also agrees that the USGS will have access to the site, as it reasonably deems necessary for strearnflow measuring and/or water -quality sampling during the life of this agreement. Description of the gaging station, located at Lat. 480 13' 3" Long. 114' 18' 44" station 12365700 - Stillwater River at Lawrence Park at Kalispell, MT. Jon Heselwood (Superintendent), grounds keeper of Buffalo Hills Golf Course, has also been contacted and has agreed to allow USGS personnel to install and maintain equipment and retain access to the gaging station. Excavation and/or installation of the gaging station, at the USGS's own expense, may begin any time after this agreement is fully executed. The gaging station shall be excavated, installed, and properly maintained by the USGS. This Agreement shall be regarded as granting a license or easement, whichever most appropriately characterizes it under applicable state law, in favor of USGS to enter landowner's property for the purposes noted herein. At the expiration of this agreement, the gaging station may be disposed of in one of the following ways: 1- Removal by the USGS, at its own cost and expense, within a reasonable time after the expiration of this agreement. Upon removal of the station, the USGS shall restore the landowner's property, also at its own expense, as nearly as possible to the condition when installed, or 2- Transfer to a state, local, or tribal government agency or Federal Energy Regulatory Commission licensee under a separate written agreement, if approved by the landowner and the USGS Regional Executive. During the life of this agreement, the Federal Government will be liable for any loss related to the installation, operation, maintenance, and other activities associated with the gaging station described above in accordance with, and to the extent permitted under, the Federal Tort Claims Act (28 U.S.C. &&1346(b) and 2671 et seq). This agreement shall become effective when fully executed and shall remain in full force for 10 years unless terminated earlier by USGS upon 60 days written notice. After 10 years, the agreement will continue in force until terminated by either the USGS or the landowner upon 60 days written notice to the other party. * For the purpose of this agreement, "gaging station" includes all stilling wells and structure, including cableways and equipment, used in the operation and maintenance of the monitoring site. Form 9-1482 Revised (October 2002) Page 2 Landowner: for the City of Kalispell, MT James C. Hansz, P.E., Director of Public Works Address: 312 1 sx Ave, E P.O. Box 1997 Kalispell, MT. 59903-1997 Telephone Number: (406) 758-7720 USGS Science Center Director: Robert E. Davis Address: 3162 Bozeman Ave., Helena, MT 59601 Telephone Number: (406) 457-5900 USGS Project Chief. LaVerne G. Sultz Kalispell, MT Telephone Number: (406) 755-6686 U.S. Geological Survey Signature/Date Signature 4 -i 1-v6' Date Landowner Signature/Date Signature Date