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Work Element 154: Develop and Negotiate Water Right Transaction - Published
WE Name:
154. Develop and Negotiate Water Right Transaction (Negotiate Wtr Right)
Work Category:
Planning and Coordination
WE Agreement Type:
Contracted
Status:
Active
Definition:
Covers initial aspects of completing water right transactions from preliminary evaluation of the viability of a specific transaction opportunity to preparing the water transaction. May include: negotiating, proposing, and review of water deals through the Columbia Basin Water Transactions Program (www.CBWTP.org) process. Entities seeking to do a water transaction or conserve water should contact the CBWTP to acquire or transfer water instream. Work element does not include general landowner coordination before any transaction opportunity is identified. Includes development of transactions to put more water instream such as split season leases, long-term leases, diversion reduction agreements, permanent water transfers, stored water agreements to increase stream flows, conserved water, and water exchanges.
WSE Description Template:
Effective Dates:
FY2005 to <no end date>
Work Phase:
planning/design
Sort Sequence:
15.01
Focal Species Required:
Yes
RM&E Metadata Required:
No
Finite or Recurring:
Finite
Is BPA Internal:
No
Is Contracted:
Yes
Is Cost Share:
No
Is Construction:
No


Deliverable Status:
Required
Default Deliverable Desc:
Agreement
Potential Deliverables:
  • Water Transaction Checklists for Proposed Transactions

  • Rule 1 (Environmental Compliance): The types of work described by this work element do not require environmental compliance review.

  • Rule 2 (Location of Work): You may lump multiple potential transactions into one Develop and Negotiate Water Right Transaction work element. The initial steps for a grouping of multiple water transactions can be tracked using this work element because locations and metrics are only attached to 164. Acquire Water Instream. However, you may wish to break the work into separate work elements if it provides clarity or better supports project management. In either situation, each water transaction that is recommended for BPA funding should then be tracked separately using 164. Acquire Water Instream to acquire water instream.

    Examples:

    Option 1 (single transaction):

    WE: 154. Develop and Negotiate Water Right Transaction
    WE Title: Develop and negotiate water right transaction for Johnson Farms
    WE Description: Work with transaction stakeholders to develop and review potential water transaction to secure .75 cfs from Johnson Farms using the CBWTP process.

    Option 2 (multiple transactions):

    WE: 154. Develop and Negotiate Water Right Transaction
    WE Title: Develop and negotiate water right transactions
    WE Description: Work with transaction holders to develop and review potential water transactions.

  • Rule 3 (Complexity, Metrics): Water rights transactions are often complex and may involve using several work elements to describe all aspects of the work. For example, if you are working with a group of landowners to pipe an irrigation diversion, install on-farm sprinkler systems, and conserve water and put water rights instream in exchange, you would use the following work elements:

    Example:
    Each water transaction that is recommended for BPA funding should be tracked separately using 164. Acquire Water Instream, Acquire Water Instream to acquire water instream.


    WE: 154. Develop and Negotiate Water Right Transaction
    WE Title: Develop and negotiate water right transactions related to Cow Creek ditch pipeline
    WE Description: Negotiate with irrigators for exchange of water rights for pipeline and sprinkler systems. Coordinate with Columbia Basin Water Transactions Program for estimating conserved water, complete CBWTP water transaction checklist, and prepare plans to put conserved water instream.

    WE: 84. Remove/Install Diversion (Expired)
    WE Title: Remove push up diversion on Cow Creek, RM 14, and replace with pump
    WE Description: Remove push up dam previously used to provide water for Johnson Farms and replace with a pump for pressurized pipe and sprinkler system.

    WE: 149. Install Pipeline (Expired)
    WE Title: Install pipeline in old Cow Creek ditch.
    WE Description: Install 2500-foot pipeline to deliver water from Cow Creek to Angelmann and Johnson farms

    WE: 150. Install Sprinkler (Expired)
    WE Title: Install sprinkler system at Johnson Farms
    WE Description: Pipeline and sprinkler system will replace old push up dam and ditch.

    WE: 150. Install Sprinkler (Expired)
    WE Title: Install sprinkler system at Angelmann Farms
    WE Description: Pipeline and sprinkler system will replace old push up dam and ditch.

    WE: 164. Acquire Water Instream
    WE Title: Acquire water right from Johnson Farms
    WE Description: Approximately .25 cfs water right will be acquired from Johnson Farms in exchange for pipeline and sprinkler system replacing old push up dam and ditch. (This work element typically only used by CBWTP local entity)

    WE: 164. Acquire Water Instream
    WE Title: Acquire water right from AnglemannFarms
    WE Description: Approximately .37 cfs water right will be acquired from Angelmann Farms in exchange for pipeline and sprinkler system replacing old push up dam and ditch. Conserved water transferred instream through state process. (This work element typically only used by CBWTP local entity)


Milestone Title
Type
Deliverable?
Description

CBWTP qualified local entity (QLEs) Evaluation of Transaction Viability
Suggested
No
Substeps under this milestone include: 1. validity and transferability assessment completed, 2. assessment of protectability completed, 3. assessment of potential ecological benefits completed, 4. assessment of initial economic value completed.
CBWTP qualified local entity (QLEs) Evaluation of Transaction Viability Completed
Suggested
No
Updated metric information with actual amount of water secured by water transaction agreement reported in CBFish and confirmed in water transaction checklist.
QLEs Propose Transactions
Suggested
No
Substeps under this milestone include: 1. water transaction checklists completed, 2. QLE transaction submitted to CBWTP, 3. draft agreement with water right holder completed, 4. application for state water agency approval of instream order submitted, if applicable.
CBWTP Review and Recommend Transactions
Suggested
No
Substeps under this milestone include: 1. Compiled water transaction checklists from transaction round completed, 2. Transaction advisory committee reviews transaction, 3. QLEs respond to questions and additional information requests from CBWTP, 4. Council concurrence obtained, 5. CBWTP seeks BPA approval for recommended transactions, 6. WE# 164, Acquire Water Instream used to secure water and obtain metrics for implemented water transactions.


Location Requirement Type:
No Location
Location Guidance:
No location point needed for this Work Element. Identify location in 164. Acquire Water Instream.

Applicability and status of the following environmental compliance requirements can be found on the Environmental Compliance tab for that work element in your SOW for all 2007 contracts forward. BPA's Environmental staff will update and maintain this information in CBFish in real time, so that you can check the status of environmental compliance on your project at any time.

Note: Many of the fields are set to auto-load in CBFish, but the settings will be reviewed by BPA's Environmental staff prior to the contract being finalized, and may be revised depending on the specific circumstances.

  • National Environmental Policy Act (NEPA)
    NEPA coverage for this work element will be determined by BPA's Environmental staff and could include an Environmental Impact Statement (EIS), Environmental Assessment (EA), Record of Decision to an existing EIS, or Categorical Exclusion.

  • Endangered Species Act (ESA)
    ESA consultation is typically not required for this work element.

  • National Historic Preservation Act (NHPA)
    NHPA Section 106 consultation is typically not required for this work element.

  • Public Involvement
    Public involvement is typically not required for this work element.


Reports that Use this Work Element

This work element and its metrics are used in measures in the following reports. These PDF reports are generated dynamically, always showing you the most up to date information. Most of them also have links to download the underlying data sets to structured text or Excel format.

Stats and Overview

Number of active contracts using Work Element #154 by FY

Top 5 BPA Project Managers using this Work Element:
(by number of current contracts)
Christopher Furey (Inactive) 28
Matthew Schwartz 23
Jay Marcotte (Inactive) 10
Joseph Connor (Inactive) 9
Maura Eagan Moody (Inactive) 9
Average Work Element Budget: $68,320
Average Duration: 12 months