Agreement Forms for Gaging Station and Observation Well Installations and Transfers



In Reply Refer To:                                                  September 17, 2003 
Mail Stop 415 


Office of Surface Water Technical Memorandum No. 2003.08 
Office of Ground Water Technical Memorandum No. 2003.03 

Subject:  Agreement Forms for Gaging Station and Observation Well Installations and Transfers 

The purpose of this memorandum is to announce the availability of updated 
agreement forms that should be used for installation of and transfer of 
ownership of WRD gaging stations or observation wells.  These forms, 
identified below, retain their previously assigned U.S. Geological Survey 
Form Numbers and must be accessed through the USGS forms page, 
https://gsvaresa01.er.usgs.gov/Welcome.nsf?Open. 

The updated forms correct weaknesses identified in the lawsuit "Laurence v. 
USA et al", which involved a personal injury at a (former) USGS gaging 
station that had been transferred to the Placer County Water Agency 
(California).  They also reflect the Solicitor's recommendation to use 
simpler, more direct language.  The underlying established WRD policies on 
property use and transfer agreements remain unchanged until such time as they 
are superseded by new Bureau policy. 

1.  U.S. Geological Survey Form Number: 9-1482 
    Title: Agreement for Installation and Maintenance of Gaging Station 

   Reference: wrdpolicy94.008.html, dated Feb. 18, 1994 
   Approval authority:  District Chief 
   Note: For the purpose of this agreement, "gaging station" includes 
    all stilling wells and structures, including cableways and equipment, used in 
    the operation and maintenance of the monitoring site. 

2.  U.S. Geological Survey Form Number: 9-1483 
    Title: Well Drilling/Sampling Agreement   

   Reference: wrdpolicy94.008.html, dated Feb. 18, 1994 
   Approval authority:  District Chief 
   Note: During the first 5 years of the agreement only the government 
    may terminate, after 5 years both parties may terminate. 

3.  U.S. Geological Survey Form Number: 9-3106 
    Title: Well Transfer Agreement 

   Reference: wrdpolicy87.017.html, dated Jan. 15, 1987 
   Approval authority:  Regional Hydrologist 
   Notes: 

a.  Well transfers to private parties are not authorized during the 
    first 5 years of the agreement. 

b.  USGS employees are not authorized to give away government property. 
    All equipment not part of the well structure (for example, recorders 
    and sensing devices) should be retained by USGS and not transferred 
    with the well. 

4.  U.S. Geological Survey Form Numbers: 

    9-3107      Title: Gage Transfer Agreement 
    9-3107-a    Title: Gage Transfer Agreement to a Federal Agency 

   Reference: wrdpolicy92.012.html, dated Dec. 06, 1991 
   Approval authority:  Regional Hydrologist 
   Notes: 

a.  The Gaging Station transfer requires the USGS to share pertinent 
    safety policies and procedures with the transferee, and requires the 
    transferee to perform his own independent engineering analysis regarding the 
    identification of design or structural deficiencies, and the suitability of 
    the gaging station for the use intended.  A memorandum to the record is 
    recommended stating: (1) why the gaging station was transferred; (2) that no 
    equipment was transferred with the gaging station; (3) that [a list of] 
    safety policies and guidelines pertaining to the gaging station were provided 
    to the Transferee; and (4) the date that permission for the transfer was 
    obtained from the Region. A copy of the signed transfer agreement and the 
    Transferee's landowner permission agreement shall be filed with this 
    memorandum. 

b.  The form 9-3107 should be used to transfer a gaging station to state, 
    local, or tribal government agency or Federal Energy Regulatory Commission 
    licensee.  Form 9-3107a should be used to transfer a gage to another 
    Federal agency. 

c.  USGS employees are not authorized to give away government property. 
    All equipment owned by the USGS that is not part of the gaging station 
    structure (for example, recorders and sensing devices) should be retained 
    by USGS and not transferred with the gaging station. 

d.  The Transferee, if not the landowner, must obtain written permission 
    from the landowner to operate and maintain the gaging station. 



/signed by Robert R. Mason/                   /signed by William L. Cunningham/ 

Stephen F. Blanchard                          William M. Alley 
Chief, Office of Surface Water                Chief, Office of Ground Water 


Distribution Code:  A, B, FO, PO, DC, CD 

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Steve Blanchard                       Chief, Office of Surface Water   
U.S. Geological Survey                Phone: 703-648-5629
415 National Center                   Fax:      703-648-5722
Reston, VA  20192                     Cell:      571-216-1423
sfblanch@usgs.gov
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