Policy for the Transfer of a Gaging Station Structure to a State or Local Government Agency


United States Department of the Interior
GEOLOGICAL SURVEY
RESTON, VA 22092

In Reply Refer To:						DEC  06 1991
Mail Stop 405

WATER RESOURCES DIVISION MEMORANDUM NO. 92.12

Subject:LEGAL--Policy for the Transfer of a Gaging Station Structure to a State or
	Local Government Agency

A formal agreement is required in order for the U.S. Geological Survey (USGS) to transfer a gaging station 
structure to a State or local government agency. The attached agreement has been designed to relieve the 
USGS from further liability coincident with the transfer. The Office of the Solicitor has found it to provide 
adequate safeguards to obligate the State to meet appropriate safety standards and assume responsibility for 
the gaging station.

If a USGS district plans to transfer a gaging station to a State or local government agency, prior permission 
must be obtained from the Regional Hydrologist.

In each instance, the State or local government agency must enter into their own agreement with the 
landowner for permission to operate the gaging station. All USGS equipment must be removed from the gaging 
station because USGS employees are not authorized to give away government property.

A memorandum to the record should be filed with the USGS copy of the signed agreement stating: (1) why the 
gaging station was discontinued; (2) whether the cost of removing the structure would exceed its salvage 
value; (3) that no equipment was transfered with the gaging station; and (4) the date that permission was 
obtained from the Regional Hydrologist.

If the transfer agreement is with a local government agency, the appropriate word "County," "City," or 
"Municipality" should be substituted for the word S H State Agency" on the attached form.

If you have any questions or require assistance on this matter, please call the Chief, Branch of Operational 
Support, at FTS 959-5251 or (703) 648-5251.

William B. Mann IV

Attachment

Distribution: A, B, S, FO, PO

This WRD memorandum does not supersede any previous WRD memorandum.





The U.S. Geological Survey, hereinafter referred to as "the Federal Government", agrees to transfer 
ownership of the streamflow measuring station which includes a (description of stilling well, walkways, 
shelter, cableway and any other structures)

hereinafter referred to as "the gaging station," located at 

Lat.     ____________________

Long. ____________________	I

(other location descriptions)

to  _______________________, hereinafter referred to as "the State Agency,"

(name of state agency) giving the State Agency all rights to the gaging station.

The State Agency hereby agrees to assume all responsibility for the above described gaging station. 
The State agency agrees to accept the gaging station "as is" and agrees not to hold the Federal 
Government responsible in any way for any construction deficiencies or repairs which may be required 
on the gaging station to make it meet any specified standard--safety, governmental, or otherwise. The 
State Agency agrees to accept the responsibility for any and all liens, fines, damages, penalties, 
forfeitures, or judgements in any manner accruing by use or existence of the gaging station. The State 
Agency also agrees to accept liability for any and all injuries or damage to property of whatsoever 
nature or kind arising out of the continued existence of the gaging station. The State Agency agrees to 
hold harmless the Federal Government to any and all tort claims resulting from the use or existence of 
the gaging station. 'Should the State Agency choose or is forced to abandon the gaging station, the 
State Agency agrees to assume full responsibility for the proper disposition of the gaging station in 
accordance with State or county laws.

The Federal Government has terminated its agreement with the landowner for permission to operate 
and maintain a gaging station at this site. The State Agency agrees to negotiate its own easement or 
permission agreement with the landowner.

Signature U.S. Geological Survey 	Date


Signature State Agency	Date


Notary Seal