7.E.
City Council Meeting - FINAL (AMENDED)
- Meeting Date:
- 12/05/2023
- Co-Submitter:
- Shannon Jones
- From:
- Erin Young, Water Resources Manager
Information
TITLE:
STAFF RECOMMENDED ACTION:
Renew the MOU between the City of Flagstaff, USFS, and NPS;Renew the Charter as a document attached to the MOU;Authorize the City Manager to execute the necessary documents.
Executive Summary:
In 2001, a Stipulation (Civil No. 6417) between the City of Flagstaff and the United States on behalf of the NPS and the USFS was signed and executed. A Memorandum of Understanding to cooperate in establishing a Technical Advisory Committee was signed by the Parties on September 2, 2003. The current version of the MOU and Charter was signed on January 15, 2013, with an expiration of 10 years. The documents have been revised by the Parties as presented.
Financial Impact:
Renewing the MOU and Charter requires no financial decision.
Policy Impact:
In this Stipulation, the water rights of each Party within the Walnut Creek Watershed were recognized and confirmed, and it was agreed that either Party would not object to, dispute, or challenge these rights in the Little Colorado River Adjudication.
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan:
Priority Based Budget Key Community Priorities and Objectives
High Performing Governance
Inclusive and Engaged Community
Environmental Stewardship
Carbon Neutrality Plan
Inclusive and Engaged Community
Environmental Stewardship
Community Resilience
Water Security
Healthy Forests and Open Spaces
Water Policies
Water Security
Healthy Forests and Open Spaces
H2.1c Collaboration with Water Agencies and Associated Water Groups
Regional Plan
Climate Change and Adaptation Goals and Policies (Goal E&C.3. and E&C.4.)
Water Resources Goals and Policies (Goal WR.1. and WR.3.)
Water Resources Goals and Policies (Goal WR.1. and WR.3.)
Has There Been Previous Council Decision on This:
Yes. The Parties executed the Stipulation on December 10, 2001. City Council approved the MOU (Agreement Number G747003001) on August 6, 2003. City Council approved the Charter to the MOU on July 25, 2005. City Council approved updates to the Charter and MOU on January 15, 2013.
Options and Alternatives:
Staff recommends Council approve the newly revised MOU and Charter, such that the City remains active and compliant under Stipulation Civil No. 6417. Should the City decide to not approve the MOU and/or the attached Charter, options are to either 1) recommend changes be made to the MOU and/or Charter, or 2) request a 60-day written notice be provided to the other Parties to terminate the City's involvement in the MOU.
Background and History:
In December 2001, the City of Flagstaff agreed to be a party to a Stipulation (Civil No. 6417) with the United States on behalf of the National Park Service and the Forest Service as part of the Little Colorado River Adjudication process. The Stipulation commits the City to working with the Parties to identify best management practices for the Walnut Creek Watershed. As part of the Stipulation, the City made a one-time contribution of $100,000 to a trust account that may be used to fund studies to identify best management practices and evaluate methods that may increase the likelihood of flood flows and improve the inner-canyon environment in Walnut Canyon National Monuments. The Walnut Creek Watershed is Upper Lake Mary's principal water supply source.
Community Benefits and Considerations:
In 2003, as per the MOU, the City committed $100,000 to a trust with the National Park Service. The fund can be withdrawn for developing and evaluating study proposals for the Lake Mary - Walnut Creek Watershed area, as defined under the Stipulation (if mutually agreed upon). As of September 30, 2023 the account balance is $79,133.
Community Involvement:
The intent of the Stipulation is to fund projects that increase flood flows to Walnut Creek and Lower and Upper Lake Mary, by improving watershed health and surface water runoff.