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established WRD policies on property use and transfer agreements remain unchanged until such time as they are superseded by new Bureau policy. 1.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 ********************************************************************* 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 *******************************************************************