1991 Watershed Management Plan for Baker City, Oregon

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Transcript of 1991 Watershed Management Plan for Baker City, Oregon

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    TABLE OF CONTENTSWATERSHED MANAGEMENT PLAN

    I. GENERALII . GOALIII. WATERSHED DESCRIPTIONA) Geographic Location and Physical FeaturesB) General DescriptionC) Major ComponentsD) Hydrology:1) Annual precipitationE) Vegetative Cover:IV. ZONES OF INFLUENCEV. NATIONAL FOREST POLICIESVI. AGREEMENTSA) 1904 Presidential ProclamationB) 1912CooperativeAgreement Between the SecretaryofAgriculture andBaker City;C) Memorandums of Understanding:D) Non-USFS Land Owners;VII. IDENTIFICATION OF WATERSHED CHARACTERISTICS ANDACTIVITIES

    DETRIMENTAL TO WATER QUALITYA)B)

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    , .3) Livestock4) Recreation Activities(a) Hikers(b) Hunters5) Development(a) Existing Developments(b) Agriculture(c) Mines(i) Stub Mine:(ii) Monarch Marble:

    VIII. CONTROL OF DETRIMENTAL ACTIVITIESA) Baker City Ordinance No. 2303B) Secretary's Regulation 36, CFRIX. MONITORINGA) Sample LocationsX. WATERSHED MANAGEMENT/OPERATIONA) Organizational StructureB) Personnel Education/Experience:1) Minimum education(a) Director of Public Works(b) Water Supervisor(c) Water SpecialistC) OperationsXI. ANNUAL REPORTA) Special Concerns

    B) Key Individuals & QualificationsC) Logging in Watershed:D) Water Quality ProblemsE) Projected Adverse Problems/SolutionsAPPENDIX:Memorandum of UnderstandingEXHIBITS:

    EXlllBIT 1: Letter from Health DivisionEXHIBIT 2: 1912 Cooperative AgreementEXHIBIT 3: Agreement with Private Land OwnersEXHmIT 4: Ordinance No. 2303

    FIGURES:FIGURE 1: Drainage Basins and IntakesFIGURE 2: Zones of Influence

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    WATERSHED MANAGEMENT PLAN

    I. GENERALThis plan provides management direction for both the short- and long-term operation ofthe Baker City Municipal Watershed (hereinafter referred to as Watershed).

    II. GOALThe goal of the Baker City Watershed Management Plan is to maintain or improve

    the present quantity and quality of the raw water of the Watershed, and to ensure thewater quality is maintained at or above the level set by the Surface Water Treatment Rule(SWIR) to avoid filtration. The Oregon State Health Division adopted the tI Surface WaterTreatment Rule tl (SWIR), effective 12/31/90 (OAR Chapter 333-61-032). The rule is partof the amendments to the Safe Drinking Water Act, Environmental Protection Agency 40CFR Parts 141 and 142.

    The SWTR prescribes treatment by filtration to protect against potential adversehealth effects of Giardia Lamblia, viruses, Legionella, and other pathogenic organisms thatare removed by filtration. The treatment technique was mandated because Giardia Lambliaare not effectively deactivated by normal disinfection practices, and other organisms aremore effectively controlled by the tldual barrier tl concept, that is filtration plus disinfection.The watershed control measures to limit human activities are designed to reduce thepotential for viruses to occur in the water supply, thereby eliminating the need for filtrationunder certain conditions when other criteria is met.

    The City was notified by the Oregon Health Division by a letter dated July 26, 1991,that the City can meet all the criteria for exemption to filtration. This letter is marked asExhibit 1, and by this reference incorporated herein.

    III. WATERSHED DESCRIPTIONA) Geographic Location and Physical Features: The City of Baker City's Watershed

    contains approximately 10,000 acres and is located about 6 miles west of Baker City. Only

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    160 acres of the Watershed is owned by the City of Baker City (hereinafter referred to as"City"). The remainder is Wallowa-Whitman National Forest (hereinafter referred to as(NF) land, and administered by the U.S. Forest Service (hereinafter referred to as USFS).B) General Description: The Watershed is on the steep eastern slope of the Elkhorn

    Ridge of the Blue Mountain range. Total relief is about 4,400 feet, ranging from 4,500 feetat the intake of the Goodrich Greek aqueduct to 8,931 feet on Elkhorn Peak overlookingGoodrich Lake. Elevation of the pipeline along the mountain drops from 5,400 feet inLittle Mill Creek to 5,150 feet at the Elk Creek settling tank. The heads of the maincreeks in the northern central part of the Watershed are remnants of amphitheater-shapedglacier-carved cirques whose slopes commonly exceed 35 degrees and are barren ofvegetation.

    Most of the Watershed is underlain by ancient rocks of Permian and Upper Triassicage. Exposures in the central part are mostly sedimentary rocks, chiefly argillaceous andchert and a few small limestone bodies. Exposures in the northern and southern parts area mixture of volcanic and intrusive rocks including old basaltic and andesitic lava flowsand gabbroic and dioritic intrusive bodies. Remnants of glacial moraines consisting ofunconsolidated and poorly sorted deposits of boulders, gravel, sand, and silt of Quaternaryage occur in the upper parts of most of the main creeks.

    Several small gold mines and prospects occur in the Watershed. Mining claims aremaintained on some of the properties but there has been little or no production for manydecades. A quarry on Marble Creek produced limestone from 1958 to 1965. Because goodquality reserves remain, the quarry could be reactivated in the future.C) Major Components: Major components of the water system consist of one 210

    million g a l l o ~ high mountain impounding reservoir located at the head of Goodrich Creekand 13 intake diversions. Two of the intakes are from spring sources and the other 11intakes are from creek sources. The Watershed boundaries, drainage basins, streams, intakestructures and Goodrich Lake are shown on Figure 1, page 17 of this document.

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    D) Hydrology:1) Annual precipitation: The average .annual Watershed precipitation as depictedby the U.S. Soil Conservation Service (USSCS) is 50 inches per year. Based uponsnow surveys taken by the City, the average precipitation in the form of snow is 37inches per year. NOAA Climatological data indicates the following percentage ofannual precipitation by month:Jan: 11%Feb: 9%Mar: 8%

    E) Vegetative Cover:

    Apr: 8%May: 10%June: 10%July: 3%Aug: 4%Sept: 5%

    Oct: 8%Nov: 11%Dec: 12%

    The vegetative cover of the area may be classed into three broad categories: (1)Principal Forest Zone; (2) Subalpine Zone; and (3) Alpine Zone. The Principal ForestZone shows the greatest variation in vegetative types. The canopy cover in the PrincipalForest Zone varies between 40 and 80 percent, a considerable population of high-waterusing plants made up of alders, willows, snowberry, and other miscellaneous shrubs arepresent. The canopy cover in both the Subalpine and Alpine Zone is light. These zones arefragile and susceptible to man's activities.The Watershed consists of approximately 4300 acres of commercial forests. The

    commercial timber is made up principally of Ponderosa Pine, Douglas Fir, White Fir,Larch, and Lodgepole.

    IV. ZONES OF INFLUENCEA zone of influence is any area which is outside the legal boundaries of the Watershed andmay, because of activities or management practices, have a detrimental impact on the waterquality produced within the Watershed. The zones of influence are broken ou t into thefollowing categories (as shown in Figure 2, page 19):Cateeory Level of ProtectionflAil: Areas which are in the Watershed Same restrictions as within the boundariesdrainage basin and within 500 feet of a of the Watershed. Baker County Planningstream used by the City for domestic Department will notify Baker City thirtywater supply. (30) days prior to any development orzone changes in this area.

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    "B": Areas which are in the Watersheddrainage basin and more than 500 feetfrom a stream used by the City fordomestic water supply.lie": Areas within one mile of theWatershed boundarywhere it is likely thatwildfire would burn into the Watersheddrainage basin."Oil: Other areas within one mile of theWatershed boundary where it is unlikelythat wildfire would bum into theWatershed drainage basin.

    Open to full resource and activity usewhen good forest management practicesare administered; activities will notdegrade the water quality of Watershed.Same fire priority as designated for therest of the Watershed. Baker CountyPlanning Department will notify BakerCity thirty (30) days prior to anydevelopment or zone changes in this area.Open to full resource and activity use.The management of the resources andactivities in this area will be done in sucha manner as not to affect the quantity orquality of the water within the Watershed.

    V. NATIONAL FOREST POLICIESBecause the majority of Watershed land is managed by NF, multiple uses are designatedfor that area. Domestic water supply is the main designated use for the NF land withinWatershed boundaries, although other uses may be permitted. Other uses of primaryconcern include logging, roads, livestock, and recreation, as defined in the Land andResource Management Plan, Wallowa-Whitman National Forest, approved 1990, Pgs. 4-26,4-27.

    VI. AGREEMENTSA) 1904 Presidential Proclamation:"Whereas, it is provided by section twenty-four of the Act of Congress, approved Marchthird, eighteen hundred and ninety-one, entitled, "An act to repeal timber-culture laws, andfor other purposes", "That the President of the United States may, from time to time, setapart and reserve, in any State or Territory having public land bearing forests, in any partof the public lands wholly or in part covered with timber or undergrowth, whether ofcommercial value or not, as public reservations, and the President shall, by publicproclamation, declare the establishment of such reservations and the limits thereof";And whereas, the public lands in the State of Oregon, within the limits hereinafterdescribed, are in part covered with timber, and it appears that the public good would bepromoted by setting apart and reserving said lands as a public reservation;Now, therefore, I, Theodore Roosevelt, President of the United States, by virtue of thepower in me vested by section twenty-four of the aforesaid Act of Congress, do herebymake known and proclaim that there hereby reserved from entry or settlement and setapart as a Public Reservation all those certain tracts, pieces or parcels of land lying andbeing situate in the State of Oregon and particularly described as follows, to-wit:In Township eight (8) south, Range thirty-seven (37) East, Willamette Meridian, Oregon,Sections one (1), two (2), three (3), ten (10) to fifteen (15), both inclusive, twenty-two (22)to twenty-seven (27), both inclusive, thirty-four (34), thirty-five (35) and thirty-six (36); inTownship nine (9) South, Range thirty-seven (37) East, Sections one (1), two (2), three (3),ten (10) to fourteen (14), both inclusive, and twenty-three (23) to twenty-six (26), bothinclusive; in Township eight (8) South, Range thirty-eight (38) East, the west half of thesouth-east quarter and the south-west quarter of Section five (5), Sections six (6), seven (7),

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    eight (8) seventeen (17) to twenty (20), both inclusive, and twenty-nine (29) to thirtyfour(34), both inclusive, and the west half of the north-west quarter and the west half of thesouth-west quarter of Section thirty-five (35); in Township nine (9) South, Range thirtyeight (38) East, Sections two (2) to thirty (30), both inclusive, and thirty-four (34), thirtyfive (35) and thirty-six (36); in Township nine (9) South, Range thirty-nine (39) East,Sections seven (7), eighteen (18), nineteen (19), twenty (20), the west half of the northwest quarter and the west half of the south-west quarter of Section twenty-nine (29),[Section 30 added 9/30/06] Section thirty-one (31), and the west half of the north-westquarter of Section thirty-two (32).Excepting from the force and effect of this proclamation all lands which may have been,prior to the date hereof, embraced in any legal entry or covered by any lawful filing dulyof record in the proper United States Land Office, or upon which any valid settlement hasbeen made pursuant to law, and the statutory period within which to make entry or filingof record has not expired: Provided, that this exception shall not continue to apply to anyparticular tract of land unless the entryman, settler or claimant continues to comply withthe law under which the entry, filing or settlement was made.Warning is hereby expressly given to al l persons not to make settlement upon the landsreserved by this proclamation.The reservation hereby established shall be known as the Baker City Forest Reserve.In Witness Whereof, I have hereunto set my hand and caused the seal of the UnitedStates to be affixed. Done at the City of Washington this 5th day of February, in the yearof our Land one thousand nine hundred and four and [seal.] of the Independence of theUnited States the one hundred and twenty-eighth.1I1

    B) 1912 Cooperative Agreement Between the Secretary ofAgriculture and Baker City:The supplemented usage of the land within the Watershed boundary is determinedby the U.S. Forest Service and the City of Baker City under the 1912 CooperativeAgreement between the Secretary ofAgriculture and Baker City as supplemented by 1944Agreement. A copy of the agreements are included in Exhibit 2, attached hereto and bythis reference incorporated herein. These Agreements states, in short, that the public landswithin the Watershed boundary of the Whitman National Forest (now Wallowa-Whitman)are IIreserved from all forms of location or entry and set aside as a municipal water-supplyreserve for the benefit of the City of Baker City," and that use of the land will not bepermitted without the approval of the City of Baker City except for the measures necessaryfor the proper protection and care of the forest.C) Memorandums of Understanding:Memorandums of Understanding have been entered into between the USFS andCity, for the management of the Watershed with the purpose of assuring no degradationof the water quality and, ultimately, improving the water quality. A copy of theMemorandum of Understanding between the USFS and the City is included in Appendix1, attached hereto and by this reference made a part hereof.D) Non-USFS Land Owners:

    There are only tw o privately owned parcels of land in the Watershed which are notmanaged by USFS. The first is a 160-acre parcel owned by City. The second is a 20-acrepatented mining claim located on Marble Creek and owned by Monarch Marble. Thereare also four parcels of land on Goodrich Creek outside the Watershed boundaries, butwithin the Watershed's Zone of Influence, Category "Art.Agreement with private land owners within the Watershed and Zones of Influenceare included in Exhibit 3 (this is to be developed at a later date).

    1proclamations, No. 17, p23315

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    VII. IDENTIFICATION OF WATERSHED CHARACTERISTICS AND ACTIVITIESDETRIMENTAL TO WATER QUALITYA) Naturally Occurring Incidents:

    1) Spring Run-off: During the run off each Spring, it is common for the turbiditylevel to rise to the point that it exceeds the Maximum Contaminant Level (MeL)for turbidity for a short period of time. Because of the southern exposure on thesouth half of the Watershed, it is nonnal for the Spring run off to start several weeksearlier than the north half, which has a lot of northern exposure. Because of this, thestreams on the north half of the Watershed are producing high quality water duringthe period of high turbidity on the south half of the Watershed. Normally thestreams on the south portion are back to normal before the run off on the northportion begins. The City has the capability of isolating any section of the Watershedand bringing only high quality water to town.

    B) Isolated incidents causing degradation of water qyality:1) Summer Thunderstorms: It is not common to have a Summer thunder storm

    of sufficient intensity to effect the overall water quality. However, when it doesoccur, the MCL for turbidity may be exceeded.2) Landslides: Because of geography, most of the Watershed is not susceptible

    to landslides. However, on rare occasions during the Spring run off and Summerthunderstonns, small landslides into the creek channels do occur. Usually thelandslides do not cause a major problem and their effect does not last for long,however these can cause the turbidity to exceed the MCL. Whenever the turbidityMCL is exceeded for any reason, the turbidity monitoring and by-pass station willturn either the Old Mountain line or the Goodrich line (depending on the sourceof the problem) to waste until the source of the problem can be found and isolated.3) Wildfires: A wildfire in the Watershed would be devastating to both the quality

    and quantity ofwater produced. Every effort will be made to prevent a wild-fire from

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    starting. If a wildfire is started within the boundaries of the Watershed or Category"C" of the Zones of Influence, every effort will be made to extinguish it as soon aspossible.

    (a) Fire Prevention: During the fire season, all restrictions and requirementsimposed by the USFS for entry into the .Watershed will be strictly adheredto. The water specialist will be trained and be properly equipped for firesuppression when in the Watershed.

    (b) Fire Control: The fire control in the Watershed has been designated bythe USFS priority #1. It is outlined in 5(A) of the MOU, between the ForestService Supervisor of the Wallowa-Whitman National Forest, and the City.

    The water specialist will be trained in fire suppression and will havea 4x4 pickup equippedwith a fire pump, water tank, and necessary hand tools.

    I f the water specialist is first on the site, the City Technical ServicesDepartment will be notified as to the location of the fire. The TechnicalServices Department will then notify the USFS Fire Dispatch, of the firelocation and will, if necessary, dispatch a city crew to assist in the firesuppression. The water specialist will stay at the fire site and control the fire,i f possible.

    4) Wildlife Population Management: Big game management will be directedtoward maintaining proper herd levels of deer and elk which are compatible withwater quality criteria. Animal population will be controlled to not degrade the waterquality in the Watershed. This will be done by issuing Watershed hunting permitsin coordination with Oregon Department of Fish & Wildlife during the general deerand elk hunting seasons.5) Wildlife Habitat Management: Because of the steep topography of the

    Watershed, the concentrations of game animals in the area near the water intakeshave not been a problem. Also, there have been no aquatic furbearers seen in the

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    Watershed. The general objective for big game management is to develop andmaintain forage capacity consistent with the desirable herd levels.

    C) Man-Made Contamination Sources:1) Transportation:

    (a) Existing roads: There are no major roads in or near the Watershed.---EXcept-Marble Creek Road (Road 6510), all existing roads in sensitive areas

    of the Watershed are gated to prevent unauthorized entrance. Marble CreekRoad remains open to the public to allow access to the Elkhorn CrestNational Recreational Trail southwest of the Watershed. Marble Creek Roadis a through road that passes east-west through the Watershed, but has noaccess through gated sections surrounding existing water intakes. MarbleCreek Road is signed advising the public that they are passing through theWatershed and warning them not to leave the road.

    (b) Future roads: Timber harvest roads will be constructed to minimize...

    adverse impacts on water quality. This will include prompt seeding ofstabilizing vegetation on cuts and fills and upon closure of the roads,stabilization seeding on the roadbed, unless otherwise agreed to with the City.Selected roads may be gated to provide access for wildfire control and otheradministrative purposes.

    2) Timber Management and Harvesting:(a) Management: The Watershed will be managed for multiple use

    including timberproduction. However,water quality and quantity haveprioritywhen conflict occurs.

    (b) Timber Harvesting: When planned timber harvest may affect waterquality or quantity in the Watershed, a hydrologic analysis will be conductedconsidering past, present and future activities. I f the results of this analysisindicate that the proposed harvest would adversely affect the quality or

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    quantity of the water in the Watershed, the project will be altered. This mayinclude such things as deleting or rearranging harvest units in timber sales,selecting different silvicultural prescriptions or delaying activities for one ormore decades.

    3) Livestock: Livestockwill not be allowed within the boundaries of the Watershed.Preventative measures will be used i f needed to prevent animals from trespassing into theWatershed.

    4) Recreation Activities: The Watershed is restricted. Entry is allowed within theboundaries only under the following conditions:

    (a) Hikers: Hikers will only be allowed on developed Forest Service trailson the ridges on the west boundary of the Watershed. No overnight campingwill be allowed within the boundaries of the Watershed.(b) Hunters: Hunting in the Watershed during general deer and elk

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    seasons shall only be permitted with an entry permit issued by Baker City.The number of permits issued may be regulated as necessary to assureeffective game management to protect the water quality. No overnightcamping is permitted within the boundaries of the Watershed.

    5) Development: Development within the Watershed, adversely affecting the waterquality of the Watershed, will not be permitted.

    (a) ExistingDevelopments: There is no residential, commercial or industrialdevelopment ~ above or near the Watershed.(b) Agriculture: The only agricultural activities in or near the Watershed

    is timber management and grazing of livestock. The timber will be managedin such a way that it will maintain or enhance the water quality. Also, a goalof increasing the snow pack with vegetative manipulation will be practiced.No grazing of livestock in the Watershed is permitted.(c) Mines: There are currently two mines in the Watershed. These include

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    the Stub Mine and the Monarch Marble.(i) Stub Mine: The Stub Mine is principally a gold mine. The mineis located in Section 20 and 29, Twp. 9S., R. 39B., W.M. Although theStub Mine is located in the Watershed, it is not in a drainage whichthe City takes any water from. The mine does not have processingfacilities and has not operated for several years.(ii) Monarch Marble: The Monarch Marble is a limestone quarrylocated in Section 14 and 14, Twp. 9S., R.38E., W.M. The MonarchMarble Quarry is not currently operating, however it did operatebetween 1958 and 1965 without any noticeable detrimental effect onthe water quality.

    VIII. CONTROL OF DETRIMENTAL ACTMTIESEvaluation of Watershed Control program: The City has a well protected Watershed withextremely limited access. The quality of the Watershed is exceptional and produces waterof unique quality.A) Baker City Ordinance No. 2303 prohibiting entry to the Watershed was passed in 1957(as provided by ORS 448.300). This ordinance makes it unlawful for any person to entercity-owned lands in the watershed without permission from the City Manager. A copy ofOrdinance No. 2303 is included in Exhibit 4, and by this reference incorporated herein.B) Secretary's Regulation 36, CFR 261.53(a) will be applied by the USFS to all NationalForest lands within the City's Watershed boundaries to prohibit public entry, except bypermission of the USFS.

    IX. MONITORINGThe source water will be monitored by the City as required by the SWfR for surfacesystems without filtration to insure that the conditions of the permit are met and todocument any adverse effects to the water quality.A) Sample Locations: The source water samples will be collected at a location just prior

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    to the point of disinfection application, and where it is no longer subject to surface run off.X. WATERSHED MANAGEMENT/OPERATION

    A) O r ~ a n i z a t i o n a l Structure: The City's Public Works Department has overallresponsibility for the operation, maintenance and construction of the Water Department,including the operation of the Watershed. The .Watershed is the direct responsibility ofthe Water Specialist, who is supervised by the Water Supervisor, who in tum is supervisedby the Director of Public Works, who reports directly to the City Manager. In the eventadditional help is needed for coverage because of illness, vacation, or just to assist in thework load, the needed help is furnished from the Public Works Department.B) Personnel Education/Experience:

    (1) Minimum education of key personnel in Watershed Management:(a) Director of PublicWorks minimum qualifications: Graduation from a fouryear college or university with specialization in civil engineering and threeyears of progressive responsible professional experience in public worksadministration including supervisory capacity; or any combination ofexperience and education that demonstrates provision of the knowledge, skills,and abilities listed above.(b) Water Supervisor minimum qualifications: Five years experience in watermaintenance and water and sewer construction work, with one year in asupervisorycapacity; .certified to ClassTwo as water treatment operator, waterdistribution operator, within two years of appointment as supervisor; or anycombination of experience and educational training that demonstratesprovision of the knowledge, skill, and abilities listed above.(c) Water Specialist minimum qualifications: Three years experience in theoperation and maintenance ofwater treatment plant; supplemented by specialcoursework in water treatment operation; or any combination of educationand experience which demonstrates provision of the knowledge, skill, andability listed above; Water Treatment II Classification or successfulcertification within one year from date of appointment or within next Stateof Oregon certification testing cycle.

    C) Operations: The design of the collection and supply system allows for a great deal offlexibility in managing the Watershed to insure the City's ability of supplying an adequatequantity and quality of domestic water to the City's customers. In the case of exceedingturbidity MCL's, the system has a turbidity monitor, alarm and bypass station which auto-matically bypasses any turbid water and turns it to waste, and at the same time sets off a

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    .visual and audible alarm. at the reservoir. The system also notifies the Water Specialist'shome with an automatic dialer telephone. In the event the operator does not answer, i tdials the City police station which has personnel on duty 24 hours a day, 7 days a week. TheCity Police Department will contact Public Works employees qualified to respond. Whennotified that the turbidity MCL's is exceeded, the Watershed operator locates the sourceof the problem and isolates it either by turning off the individual stream or isolating anentire section of the Watershed. TIlls can be accomplished by bringing the water to townon one of the three transmission lines available.

    H the turbidity is a wide spread or long lasting problem, the systemwill be switchedfrom surface water to ground water by using one or both of the City's two deep wells whichhave a combined capacity of approximately 2,800 GPM, which exceeds the water demandin the spring of the year .. the time when the turbidity is most likely to occur. Even duringperiods of high demand, it is adequate with some rationing.

    XI. ANNUAL REPORTAn annual written report will be made and submitted to the State of Oregon HealthDepartment with a copy to Wallowa-Whitman National Forest, headquarters, no later thanJanuary 15th of each year. At a m i n i m u ~ the report will include the following:A) Special Concerns: Any special concerns regarding theWatershed and/or its operation

    and what was done or is planned to be done to take care of the concerns.B) Key Individuals & Qualifications: A list of all key individuals responsible for the

    Watershed. The list will include their education, experience and training relating to theirability to operate the Watershed.C) Logging in Watershed: A list of planned logging operations.D) Water Quality Problems: A listing of water quality problems, and how they were

    solved or proposed to be solved.E) Projected Adverse Problems/Solutions: Projected adverse problems and prop,?sed

    solutions.12

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    APPENDIX 1

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    MEMORANDUM OF UNDERSTANDINGbetween

    WALLOWA-WHITMAN NATIONAL FORESTand

    CITY OF BAKER CITY, OREGONThis Memorandum of Understanding (MOU), entered into on the ~ day o f a r t ,1991, is by and between the United States Forest Service, hereinafter referred to as "forestService", acting by and through the Forest Supervisor of the Wallowa-Whitman NationalForest, and the City of Baker City, Oregon, hereinafter referred to as "City", acting by andthrough its Mayor. This MOD is for the purpose of maintaining and protecting the qualityof water from national forest lands and city-owned lands within the Watershed. TheWatershed contributes approximately 95% of the domestic water supply for the residentsof the City.The Forest Service and City agree as follows:1. Management plans and decisions must meet the intent of the original 1912Cooperative Agreement between the City of Baker City and the U.S. Department ofAgriculture (see copy of this Agreement attached as Exhibit 2) and to meet therequirements of the Surface Water Treatment Rule (SWTR).2. The principal and most important use of the land owned by the City in theWatershed is as a municipal water supply. Water is the basic resource to be produced.The National Forest lands in the Watershed are managed for multiple use inaccordance with the 1990 Land and Resource Management Plan for the Wallowa-WhitmanNational Forest.The plan requires the Watershed to be managed to maintain or improve waterquality and quantity. Resource management shall alter watershed conditions only to theextent that existing water use is not adversely affected. Existing water treatment requiresdisinfection but not filtration according to current State & Federal standards and waterquality data collected to-date.3. Definitions: When referring to Watershed, the following descriptive terms will beused: A) Watershed: This refers to all the lands between the northerly side of theGoodrich Drainage and the southerly side of the Elk Creek drainage and between thepipeline road and the crest of the Elkhorn Mountains to the west.

    B) Legal Watershed: Refers to those lands administered by the Forest Service andCity described by legal subdivisions in the 1912 Cooperative Agreement between the Cityof Baker City, Oregon, and the Secretary of Agriculture (a copy of which is attached asExhibit 2).C) Zones of Influence: This includes lands adjacent to the Watershed which willaffect or be affected by management of the Watershed. Zones of Influence mayor may notdrain into the Watershed, but management of the resources and activities in these zoneswill be done in such a manner as to reflect the standards ofmanagement desired within theWatershed. These designations are shown on the attached maps, marked as Figures 1 and2, pages 17-19 of this document.

    4. The basic objective for managing this Watershed is to maintain or improve thepresent quality and quantity of water received. Water quality will take priority over waterquantity in management decisions. .13

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    A) Records, including studies of either party pertaining to water quality, shall bemade available for use by both parties. -B) Should the water quality, when sampled, fail to meet the raw water qualitycriteria for 48 hours, both parties will try to determine the cause or source of the waterdegradation.C) If remedial measures or actions are necessary and practical, both parties willjointly develop a program of remedial measures to the degree necessary and for the periodneeded to correct the situation and bring the quality of water to meet the State's raw waterquality standards. Actions by the Forest Seryice to correct adverse conditions originatingon the National Forest lands in the Watershed will be limited to the application of landmanagement practices.5. Management directions for the Watershed are found in the "Baker City WatershedManagement Plan" and the "Land and Resource Management Plan for the WallowaWhitman National Forest".

    A) Fire Control: A wildfire in the Watershed could have long lasting anddevastating effects on the quality and quantity of water produced in the Watershed. In aneffort to mitigate any possible damage in the event of a fire, it is agreed that the ForestService will:i) Place the area in or near the Watershed on a Priority #1 for fire dispatch andcontrol;

    ii) Avoid use of fire retardants within domestic supply watersheds when othereffective measures of fire control are available. When the use of fire retardantswithin domestic supply watersheds is necessary, all reasonable efforts will be madeto avoid direct application into live streams. Only fertilizer-based retardants will beused.iii) Place the Watershed on a Priority #1 for rehabilitation COIIUnensurate with thevalue of the Watershed; andiv) When possible, avoid ,storing fuels or chemicals in ihe Watershed. In the caseof an emergency, if fuels or chemicals must be stored in the Watershed, they will bestored in such a manner and location so that they cannot reach a stream.B) Zones of Influence: A Zone of Influence exists outside the boundaries of theWatershed which could have a substantial impact on the water quality produced within theboundaries of the Watershed.The areas designated as Zones of Influence lying within the National Forestboundaries will be managed with Best Management Practices (BMP) and as prescribed inthe Watershed Management Plan. No activities will be allowed in the Zones of Influence

    which will have an adverse impact on the water quality or quantity. Special attention willbe given to the use of any herbicides, pesticides, or other chemicals to assure nocontamination is allowed to occur which would affect the water quality within the boundaryof the Watershed. Also, special attention will be given to any grazing permits given withinthe Zones of Influence to ensure that livestock will not stray into the Watershed.

    C) Uses and Development Plans: Resource and activity use and development planson Forest Service lands within the boundaries of the Watershed will be allowed only on aregulated basis.

    14

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    IIrI1Ifr .

    .-

    i) Secretary's Regulation 36 CFR 261.53(e) will be applied by the Forest Service toall national forest lands within the City's Watershed boundaries to prohibit publicentry, except by permission of the Forest Service.ii) Secretary's Regulation 36CFR 261.53(e) will be continued for the period coveredby the Baker City Municipal Watershed Management Plan.iii) The City will enforce its Ordinance No. 2303 (marked as Exhibit 4, and ORS449.327 and 449.328, where applicable, to prohibit public entry into all city-ownedlands within the Watershed boundaries, except by permission.iv) The Forest Service will provide and maintain the necessary signs, posting theboundaries of the Watershed, and givingpublic notice of the regulated closure underRegulation 36 CFR 261.53(e) on National Forest lands. The City will provide andmaintain the necessary signs, posting the boundaries outside National Forest land,and giving public notice of the regulated closure under City Ordinance No. 2303 andORS 449.327 and 449.328.v) Both parties agree to provide patrols needed to enforce 36 CPR 261.53(e). Thesepatrols will advise the public of the regulations and locations of closure boundaries,and will report names and addresses of violators to the Forest Service. City patrolswill enforce both City and State regulations.vi) All persons employed on or occupying any of these national forest lands andcity-owned lands within the Watershed and the Zones of Influence for any purposewill be required to comply with the regulations governing these lands. Suchregulations shall include appropriate measures for compliancewith laws and sanitaryregulations, and such other rules of conduct as may be proposed by the City andapproved by the Forest Supervisor.

    6. The Forest Service and the City will initiate only those resources and activityprograms which will have the concurrence of both parties, except for measures necessaryfor the proper protection and care of the forest. Both agencies will be involved at all levelsof planning, implementing and monitoring resources and activity programs.

    The Forest Service and the City will cooperate in the preparation and release ofinformational and educational material pertaining to this Memorandum of Understanding.The design, preparation, and reporting of the special studies made by either party or as acooperative undertaking may be used externally by either party. Special studies shall besubmitted to the other party for review and comment prior to their release. It is furtherprovided that each party may independently use information about or derived from thiscooperative undertaking for its internal use without the knowledge or consent of the otherparty.7. Nothing in this MOU shall affect the rights of the city or the federal government orothers to the use of water yielded from national forest lands covered under this agreement.8. Nothing in this MOD shall be construed as obligatory of either party to expendfunds, nor involve the United States or the City in any contracts or other obligation forfuture payment of monies in excess of appropriations authorized by law.9. The Forest Service will continue to exercise authority in control and managementof the national forest land covered by this agreement as in the case of other national forestland, except as specified in this agreement._oded I / IO/92;Zstt, .z::: . .- . U . S . F . S . # ~ i t y of Baker City 15

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    i) Secretary's Regulation 36 CFR 26I.53(a) will be applied by the Forest Service toall national forest lands within the City's Watershed boundaries to prohibit publicentry, except by permission of the Forest Service.ii) Secretary's Regulation 36 CFR 261.53(a) \vill be continued for the period coveredby the Baker City Municipal \Vatershed Management Plan.iii) The City will enforce its Ordinance No. 2303 (marked as Exhibit 4, and ORS449.327 and 449.328, where applicable, to prohibit public entry into all city-ownedlands within the Watershed boundaries, except by permission.iv) The Forest Service will provide and maintain the necessary signs, posting theboundaries of the Watershed, and giving public notice of the regulated closure underRegulation 36 CFR 261.53(a) on National Forest lands. The City will provide andmaintain the necessary signs, posting the boundaries outside National Forest land,and giving public notice of the regulated closure under City Ordinance No. 2303 andORS 449.327 and 449.328.v) Both parties agree to provide patrols needed to enforce 36 CFR 261.53(a). Thesepatrols will advise the public of the regulations and locations of closure boundaries,and will report names and addresses of violators to the Forest Service. City patrolswill enforce both City and State regulations.vi) All persons employed on or occupying any of these national forest lands andcity-owned lands within the Watershed and the Zones of Influence for any purposewill be required to comply with the regulations governing these lands. Suchregulations shall include appropriate measures for compliance with laws and sanitaryregulations, and such other rules of conduct as may be proposed by the City andapproved by the Forest Supervisor.

    6. The Forest Service and the City w ill initiate only those resources and activityprograms which will have the concurrence of both parties, except for measures necessaryfor the proper protection and care of the forest. Both agencies will be involved at all levelsof planning, implementing and monitoring resources and activity programs.The Forest Service and the- City will cooperate in the preparation and release ofinformational and educational material pertaining to this Memorandum of Understanding.The design, preparation, and reporting of the special studies made by either party or as acooperative undertaking may be used externally by either party. Special studies shall besubmitted to the other party for review and comment prior to their release. It is furtherprovided that each party may independently use information about or derived from thiscooperative undertaking for its internal use without the knowledge or consent of the otherparty.

    7. Nothing in this MOD shall affect the rights of the city or the federal government orothers to the use ofwater yielded from national forest lands covered under this agreement.8. Nothing in this MOD shall be construed as obligatory of either party to expendfunds, nor involve the United States or the City in any contracts or other obligation forfuture payment of monies in excess of appropriations authorized by law.9. The Forest Service will continue to exercise authority in control and managementof the national forest land covered by this agreement as in the case of other national forestland, except as specified in this agreement.

    15

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    10. This agreement shall remain in effect until cancelled by written notice from eitherparty to the other, not less than two (2) years (unless mutually agreed otherwise) prior tothe date of cancellation.11. No member or delegate to Congress, or resident commissioner, shall be admitted toany share or part of this agreement or to any benefit that may arise therefrom, unless itis made with a corporation for its general benefit.12. In carrying out the terms of this agreement, there shall be no discrimination againstpersons because of race, color or national origin.

    IN WITNESS WHEREOF, the parties have executed this Memorandum ofUnderstanding on the day and year first hereinabove written.CITY OF BAKER CITY, OREGON:By: ~ ~ t ~

    ATTEST:",. .J:e." t ~ ~ ( J , f (CIty Recorder

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    EXHIBIT 1:EXHIBIT 2:EXHIBIT 3:EXHIBIT 4:

    Letter from Health Division1912 Cooperative AgreementAgreement with Private Land OwnersOrdinance No. 2303

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    "'ill. aOLOSCH/>l l:lT00\'"_,')1:0.

    EXHIBIT ' , 'Department of Human ResourcesHEALTH DIVISIONWater Program, Eastern Region700 SE EMIGRANT, SUITE 320, PENDLETON, OR 97801

    July 26, 1991

    PHONPORTLAND EMERGENCY (50

    PORTLAND TIY (50

    Mr. James L , Adamson, DirectorPublic Works DepartmentBaker ci tyP,O. Box 650Baker ci ty, OR 97201Subject: Exemption to Fi l t ra t ionThe c i ty meets the watershed control requirements for anexemption to f i l t ra t ion as 6 ~ e c i f i e d in the Surface waterTreatment Rule. This determ1nation i s based on the sani tasurvey of the watershed tha t I completed with you on June1991, and my review of the "draft" Watershed Management PlThe ci ty has done a 900d job over the years of managing thwatershed and upqradlng the intake st ructures .I have also reviewed the NEvaluation ~ f the ExemptionCri ter ia to the Surface Water Treatment RUle n , prepared byHGE, INC. The city can meet a l l the c r i t e r i a fo r e ~ e m p t i oto f i l t r a t ion if the disinfection/CT requirements are met.recommend t ha t the city take action immediately to begin tconstruction process for the projects necessary to meet threquirement.I plan to at tend the city council meeting on July 30. Pleca l l me i f you have any questions.s incerely,

    - , d r ~ 1Gary F. Burnett, P.E.Regional Eng inee rc. OHO, Water Program, portland

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    )

    C C O ? ~ f \ T I ' 1 3 A G E 3 E ~ C : : : T F C ~ T E ~ l - ' J ' J ~ C ' ~ 3 C ~C C : 1 3 ~ ? VI 3"C :'\:m } ; 1 ~ O ? ~ C T ! : ; G ' : ; ~ : : : : l . : \ r z ~ " 1SuE:?!.y O ~ . , T ! I ~ ~ : CI1'7 0.:' :BAEE. C?2G02I.

    dn.j of Jcnual"Y. o ~ o thousm:d ni.ne h u . . . " 1 d r ~ d and t..;e lvc, by.and bet7.sen the Ci t j o ~ E O k a ~ , s ta te o ~ O r e ~ o n , t h r o u ~ h

    ' r . r ~ : : A S , f o 1 1 : m i : l ~ de.::;;..cr.::ibed...lands: I ~ c l ~ -1ng por t ions 0' Sectior.s Z3 and ~ 4 . T. a e., n. 28 ..,~ . ,

    . ..I":' . . .

    w. Seotions 3, 1 "'. 14, 24, e.c.d portions c ~ ~ o c t i o : . sJi.:

    2,4,5.9,11,12.13,15,16, 22, 2 ~ , 25,'&'1 36, T.9 S ., E. Z8 E . , ~ . ~ and p c r t i o ~ a Sacticr.s 7, 18,20. ~ O ~ n d and S e c t i o ~ 19, T. 9 G., ? . 29 2 ., ~ .

    b O ~ l n d . e d 8a fa11ens: E e ; ~ i : l ~ m ~ a t e. paiz:.t on C;ccdrichC:-eak in the S. ~ . 1/4 . ~ o c t i o r . 24, T. a :. , ? . 26 : ~ . ,a t tho 1ntskc of t l 1 ~ old Auburn JitCh, nCti the : a ~ a : ,!ltl:licipal Di teb; t h . a ~ c o in an oestcr17 direot ion to :p:.e

    ,'t . na t iona l PorsJt bonnderj a t a point about aevan e h e i ~ sn c r ~ h of the a o u t h o a ~ t C o r ~ o r o ~ Section 24; thanco eouth. to B ~ 1 d 9 0 " . l t h a e ~ t cor:ier of Section Z4 a.lon; ; r o . t i o ~ s . l 'For-

    .. est bou.::dsr;7; thcnco 'en et a co ut 01 ~ h . t chains Blons sa:1 d/ ? ~ A . . . . , .~ r ~ ~ ." :-'.... " .~ ~ .-y . - . Suu'''''';:;- _'..~ _ ~ . ... _ . _ ~ __ - - ~ I . l r ... ,.. .. , . ~ ~"---'- _'*'' ' __ ... _ ~ ~ - ~ ~ . . . . . . . . - - - _.__ ._6__ ..

    "

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    .....

    II

    . \national ~ o r a s t boundary to tna aforosa id Aub!lrn Ditch;thenoe in a gonoral southeas ter l : ; d1reo t icn f'ollcr;i1ng ceiddi tcil to the ! lati onal ?cro:31;' bour..dary acont 24 chainsnor th o ~ the southeast c o r ~ e r o ~ Section 18 , T. 9 q-' .. R.29 .z.; thancCl sO'.lth aIOL,; 5;:;.io. F O r ! ~ B t COU1:.d.ar;- to thes. cor" 'er o f c::"'c .... cn ' Q. t "" ....Co a " J . ' ~ D - : - \ ' e r / . , ~ t ;.o..,;'r ..- "j ..,11,,;0. .. V _ ..... """" """L..t . . . , . ~ 4: __ ..., I . . . . . . . ~ _ '"on the nor th , eso t a ~ d s o u ~ ~ s ides of Sect1cn 20, T. 9s., F. . 29. 3 . , ~ : : : c e f . t such p or tio ns as l i e bolow ~ ! ~ r s -sa id i3tlker llur.icip31 Ditch; .tr.ano a south a l o n i ~ ;rore e t bonn-dary to s p o i n ~ about f ive chains s o ~ t h o ~ tho sO'.ltheast corn

    o ~ Sect ion ZO, T. 9 P.. W.11. , o ; ; h ~ r e the E ~ e l ' "

    .

    llu..'"liaipal Pi to- l ine ' craB ses the Irati cnal Pore boundar ::i;' - ' ~ ' - . , .thor.co in a ncrth,.ttssterly d i rec t io l : along 9c1d pipe-line

    to i t s i n t ~ k e on Zlk Creck; thence i ~ s e o u t h ~ e s ~ e r l 1 d i-r ~ o t i o n ~ o 1 1 o ' ~ n g the r i d ~ a up to the top ot ' the muie d i-vida o' f ~ l k h o r n ~ ' : o " ' . l r . t a i ! l s ; t.=en co in a 4 c r - : h ~ i 7 o ~ t < J r 1 7 d i r , ~ c -t10n along the oa1n d17:de of said 3 1 ~ ~ o r n ~ 0 ~ n t a 1 n s toa point in Secticn 5, T. 9 ~ ~ 38 ~ h c r ~ the ~ a i n

    the p o i ~ t of t e ~ 1 ~ ~ i n ~ ; e r . c l o 3 1 n ~ a l l 07 the 1 r a i ~ a ~ ~ areaabovo the E ~ ~ r ~ u n i o i ; a l ~ i t c h nr.d Pipe l ino, ~ o o ~ r i ~ i n ga ~ a r 9 ~ o ~ lO,CeO aeros, cera or le38, ~ 1 t h i n the b o n ~ d a r10B o ~ tha ~ h i ~ = a n national ~ o r 9 ~ t t f o r ~ i n g a.par t of thewatorshad f = o ~ whica tho water s ~ p p 1 7 of the enid C1t7 is

    -2 -

    -- -_._------------_.-- -----..'-'- - .....

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    obt1ned:

    proteot ing the water suPp17 of the said C1t7. the Secra tar jO'f Agrionltm-e sgraea:

    ?!3ST. Tr..at use of s:l1d 1.:lnd 3 m 11 not bepeI;':1:U:"t:1d wi tllo'..lt the 9 . P ! , r o v ~ l of the pr 0 l ~ u r 01 t y a"!lthori-t1eG ~ x c e p t ~ o r the t o l 1 ~ 1 n g p ~ p c s d a , to-wit : ~ e a s u r c 3necosse.rj 'fer the pr o-par protoc'ticn a ~ cera 'c:f the :ferasts ;tho m a r k i n ~ , cutt ing and dispo9i t ion of such timber as inthe j u d g ~ e n t of the ~ o r e s t o f f i c e = ~ ESy be r o ~ o v e d ~ i t h o n tinjux7 to the ~ a t a r s u ~ p l J o ~ said ci t7; ~ o r th e con stru c-t 1 o ~ o ~ . r o a d s . t ~ 2 1 1 a , t ~ l a p h o n e l i rAs an1 o t ~ e r m e a ~ s of- --objoots Of th is 3 g = e e : : : ~ ! l t t and !c r r:1;-hts ot way a.cquiredunder Acts o ~ Congross.

    3ZCOJD. That a l l persons e ~ p l o y e d on or oocupy-in.:; an:; o ~ theBe lands for any pu:rpCSi) Will be r 9 q ~ r ad tocomp17 with t r ~ r e ~ ~ l a t 1 o n s sovarning n s ' t i c ~ a l f o r e ~ t J ,

    ~ ! : ' T ~.. ....._.:.J. ~ l ~ t . so f ~ as ~ ~ c t i o a t 1 o with th3 ~ o a n a

    a t his d i s po s s l ; the Sccrats r7 of ~ 3 = i c u l t u r e wil l e:tdndnnd i::t ,rovo the fcre3ts c.pon the.::o 111nd3 by s a e d i ~ ar:.d

    p l a n t i n ~ zu:d b:r the !:10at D p r r o v ~ d n:ati:cds o ~ a 1 1 ' 7 1 c ~ l t ~ aa n ~ forost m s n 3 g e m e ~ t .

    - ~ -

    2_. .. _.__...... __ - -' " . " - .,.. --';. _. ---_... , -._- . - - - . ~ - - - - - _ JJ- - .-

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    ~ " ' . " : - . , . . . - . . - ,--.-. - -- -- ,. .... - -"...- - - _ . _ ~ - _ . ------ _. ~ - . - - . . . . - - ~ - .

    A!rn T ~ f . ( " ]OAED O:c' C O : J . , I ! : S ! C : r ~ 5 F O ~ m- CITY O ~~ - .... .... ~ ~.....

    J 3 A n . ~ . O n ~ G 0 2 i t AGIGES: .-. . ." '1'ha t th() ea1d C1tj' will cooperate with the For-e s t Sorvice in patroling the a b o v e - d ~ s c r i o e d l s ~ d 3 ~ o r thoeni,Por c a1'lien t 0' tho ragulat ions and t .. .::aI .... prevar.. ti on nr.d S -:lP-praesion ofF' forast f i res ; 1lo,a. tha t the addi t i ona.l suards

    ~ a n d e r c d naccsser7 by this agreewent sha l l be appoin ted b7and be direot l j ' responsible to the suporvisor of the ";ihit-man Iis:ticnal Forest. but their oanpensn:t1on wil l be r-a.1db7 the said City_

    Tne underslgnsd ag=se to t ~ e abovo propositionsend agree to ! ! ~ ' : 7 t he!!l 01J.t as f ! l r as . ~ ~ y have o:f : f ic1alpo-wer end author i t:r to do 8 0 .

    1. __

    (Sgd) w. ~ . Hays.Acting ~ a ~ . a ~ a r y a t A S = ~ c u l ~ a r o _

    ~ ~ 3 0 ~ U T I C l l 110. 921.W H ~ ~ 3 : The Unitod states Depart:.lent o f A g : ~ c u l -

    t ~ s by and through the o t ~ i c o at the S e c r e t ~ r y o ~ ABr1oaltare , has proposed to the C1tj of ; ~ e r a o ~ t r a c t to coop-

    -4-

    ..... ~ .- - _.. --_.- ..__ ..- .,. -- - - - - - ---------_. -.--.. - ._-

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    r

    (\

    .. L..,..,,

    , '

    of ~ w a t e : r . ~ o r ' the pttr);1oee ot poo tect ing the said water ahed. , '.tho f o r C 6 ~ lands f = o ~ which said ci ty procnra3 i ta s u p ~ 1 7, . ,

    ....:.',-.. ,,- ':.. " , ~ : - .. '.. ~ ~ . - "I. ' ' : J ;": ' ",' erate wi th said deFD:trnant in providing 'for the FSt: 'ol o

    4 ;,"; . . . ...." .. - . .

    : .. _. 011 ' - . : -

    \. and to 'Prevent B.."1d ao:ppros6 forea t : f i re s. new THZR ~ c n z.. :BE: IT R ~ S C L V : : : ~ :BY T:IZ C I ~ [ C? B . a ; ! E ~ : That ~ h e

    Ueycr CJf . the Cit;; ot zc.ke= 'La, er.d hereby i s . au.thcrizedand d,1rect.::ld to s:1 g :l , said c o ~ t : - ~ t ~ o r and. in behal:f of

    A d o ~ t ~ d b7 the ~ c a r d of C o ~ ~ i s s i o n e : - s this 16thda j of January. 1 9 ~ 2 .

    A : : ' T Z S ~ : ~ ~:l.i:iy cle:-=..A?E?QV.m: bY' the 1!ayor o i the C1 t

    . ~ ~ , . . . . B a l Q 3 T , Crogon, th i s'16th ~ 7 o ~ JanU2.rj, 1 ~

    STAT3 C ~ C E ~ O O ~ )) SSeCounty of :Eaker )

    I t A. S. Starn3, CitJ C l e r ~ o ~ the C1t7 of Baker,sta ta of Oregon, 10 hareb7 t e 3 t i ~ 7 t ba t the ~ o r e g o i ~ g i3 at r ~ e , t ~ l l a n ~ e ~ 3 c t t ~ 3 n s c r i ~ t ot and f=oo the ori ; ina l ~ sr9501at ion na 3:S a p p e ~ : : : 3 O ~ roccrd. in rrq o ~ i ' ~ c o and. inm7 o ~ ~ 1 c 1 3 . 1 om-a. a:cd cU.'=jtod.7.

    In to sti:::on7 w h ~ r ~ of I have her eunto B'.lbac=ibad

    J. t. ' .. .--, ,--_.. ._-- , ._---------- ' - - -----_. ; --._--- - - - - _ . - -5-" ~ 5 S ~C1"t7 Clerk.

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    ,.. ' ' ' ~ - ' ' ' ' ' ' ' ~

    ....

    r-.0 I> Urr1'I'l) . :.ft,flu/rlf ..

    I

    . ': .... -. . . .

    THIS S U P ~ A L A . G ~ , ent.ered into th i s 21s t day o Auaus1944, by and bet;rraen the City of Baker, s t a t e of Oregon, throughHenry McUnney, i t s Jl.ayor, and the Forest Service, through th e S up ervi:sor ot the iibitman National Fores t , 'Witnesseth:imEREAS, the United Statas Depa.rt:n.ent of A g r l e 1 1 1 t ~ , througil theSecrata...7 of Agricu ltu :-o, and the Ci ty of Baker, through i t s llilyor,did on JanuaI7 12, 1912, enter int.o a cooperative agree::ent, andWHEiiEAS, tha t agreCl:1ent provided fo r the conserving and protect ingof t.'le wat3r supply of Baker throughcert .aL"l cooperative actions inconnect ion wi th the protect ion of na ti on a l f or es t lands l oca t ed wi th inthe watershed from which the City 's wate r s uppl j i s obta:!.ned, andW't1ERSAS, one of these cooperative act ions provides tha t the co::xpenSAtion of ext ra . guards e:n?loyed 'by the F orest Service 5hal l be paid byth e City of Baker, andWHEREAS, it nQ";'f' a . p p e a r ~ evident tha t the p3.7I=lent of t!lis compensationso as to promote the object iYes of the agree!tcnt can bes t be ::ladethrcugh the provisions of a suppleI:1ental 0::' w o r k i n ~ agreement entaredinto bet7reen the Forest Supervisor of the mutm.a.n National Forest andthe ~ J - o r of the C ity of Baker I

    .. ~ e ~ : ~ ~ ~ . .NOif, TIlerefore, it 13 mutvally agreed by th"Ef}artie:s hereto tha t1. They wm cooperate in the protect ion and prsservation of thewatershed as hereinbefore mentionsd fro!!! th e cate of th i s supple:nental agreement un t i l such ti::1e as the 3u?ple!!1ental ag='ee

    ment may be ter:ninated by e i tha r par ty a t BIrJ' time upon thegiving of ten (10) days ' wri t ten notice to the other. party.

    -- : --- '.f .. . ~ . . : . - " "

    2 . The City of Baker r l l l , during the teI"!D of th i s supplementalagreement, deposit with the Regional Fiscal _ ~ e n t . , Forest Ser-vice, Port.land, Oregon, in advance, when and as cal led fo r byth e Fo rest Supervisor of t .; 'e Whitman Hational Forest, such suoor SUJ:lS, not exceeding $1,000.00 in anyone calendar year, asare necessary to cover costs of the p r o t a c t i o ~ and p r e s e ~ r . a t i o n o f the watersh.ed lands in 'OUTsua..nce of the t e n s of th is a ~ r e e -ment, provided tha t sues iD excess of $1,000.00 for onecalendar year may be deposited w ith the approval of thCl City ofBaker. The :mm. or sums so deposited wil1 be 8:tpe!ldod by tr.s.Forest Service under the Act o f June .30, 1914 (33 Sta t . 430),and sha l l be available un t i l expended fo r the protect ion and1.mprove:ent of th e nat ional fores t , including forest f ir8 pro-tact ion and more part . icularly the tol101'l'1ngl The p a ~ e n t of - ~ : . . , co!tIp8nsation ot and the supplying ot t r ~ n s p o r t a t i o n , equipme :..:and subsistence to guards and other employees of th e For estSernce .

    . ,._ .....

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    \ .. ..-P- J....r. '. - . - , . " . ............ _ .................. - _ ~ - _ _ - - - - - - - - - - ~ - - ..------- - ........ ,. .. P ~ _ ' ' ' '

    .., ,..,,,,.. .p I

    I . . . . . . . .

    . _..1....:"":...[(

    J. Ho member of or delegate to C o n ~ s s , or Resident C ~ ~ s i o n e r ..a! ' ter his e ~ e c t i o n or appointment.. and either before or af te r he., has qua.lL.4"1ed, and d u r ~ h is continuance in off ice , sha l l beadm:tot.ed to a.:rI.7 :share or part of this contract or agreement, orto a.rry benef i t to a ri3e the reupon.Nothing.. however, bergin contained sha l l be construed to extend to any incorporated company,where such contrgct or agreement i s : n a d ~ for th e general benefi tof such incorporation or company. (Sec. 3741, Rev. Stat . , andSecs. 114-U6 Act of March 4, 1909, 35 Stat . l lQ9).

    CITY OF BAnm

    ATTEST:~ ~ ~i-.:;:r Clero!!: u. s. F O ~ S ~ ~ E P . V I ~

    .. - --- -. . _ . _ ~

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    EXHIBIT 3: AGREEMENTWITH PRIVATE LAND OWNERS

    This information has not yet been provided. When agreements are reached, this materialwill be attached, and by this reference made a part hereof.

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    .. ". .: .EXHIBIT .-,

    ORDINANCE NO. 2303AN ORDINANCE PROHIBITING TRESPAS'>ING ON THE WATER SHED FROM WHICH THECITY OF BAKER SECURES ITS SUPl'LY OF WATER, REPEAUNG ORDINANCE NO. 2203,AND DEClARING AN EMERGENCY.BE IT ORDAINED BY THE CITY OF BAKERJSection: 1 . That Ordinance No. 2203 and an y other o r d i l : ~ n c e s or parts or

    ordinances in conflict herewith are hereby repealed.Section 2 . I t shal l be unlawful for a ny p er so n to , enter upon th e \later

    shed from yhich t!le City of Baker secures i t s vater supply \.Iithout beings: ...- -' , , ....'f i r s t authorized to do so by th e Water Commissioner of th e C ity of Baker.or th e United States Forest Service.

    Section 3. The term "\.later shed" as used in this ordinance i s herebydefined to be a l l property acquired, owned or occupied by th e C ity of Bakerfor i t s \.Iorks, reservoirs, systems, springs, branches and pipes, and a l lJ akes , s pr ings, streaJlls, creeks or t r ibutaries acquired by th e said City orBaker, and by means of \/'hich i t s supply of vater i s secured, stored orconducted, including th e areas draining into said 1akes, springs, streams,

    " creeks or t r ibutaries, or any thereof.

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    Section 4. Any person rtolat1ng th e provisions of this ordinance shallbe deemed guilty of a misdemeanor, and shal l be punished by e. fine of no tmore t .ban $100.00 imprisonment in th e city j a i l fo r no t more than s ixty 'days, or by both' such fine and aprisonment.

    Section 5. I t hereby i s adjudged and declared that existing conditions./ are such tha t this ordinance is necessary for the immediate preservation.

    of t he pub li c peace, health and safety; and o\ling to th e urgent necessitY'of lII1intaining t he p ub lic health, an emergency hereby i s declared to existand th is ordinance shal l take effect and be in f u l l force aDd effect from:and af te r i t s passage.

    ,1 ,_ ,,.... :'- ":.Passed by the Board of Collllllissioners this ~ day of J uly, 1950.Approved by the Mayor Collllllissioner , this c;?t:. d;.; o r : - ; ~ , '"1950':''_ . ' -

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    FIGURE 1:FIGURE 2: Drainage Basins and IntakesZones of Influence

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    Figure 1

    BAKER CITY wATERSHE.DlJRAINAG .BASINS ANlJ INTAKS32

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