Consideration and Approval of Memorandum of Understanding that supports Stipulation (Civil No. 6417): Consider renewing an expired cooperative agreement (Memorandum of Understanding [MOU] and Charter) between the City of Flagstaff, the United States Forest Service (USFS) and the National Park Service (NPS), that satisfies the Stipulation (Civil No. 6417) the City entered with the aforementioned parties in 2001.

1. Renew the MOU between the City of Flagstaff, USFS, and NPS;
2. Renew the Charter as a document attached to the MOU;
3. Authorize the City Manager to execute the necessary documents.

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 the establishment of a Technical Advisory Committee was signed by the Parties on September 2, 2003 with a 5-year term that has expired.  That MOU has been revised by the parties, as is presented to Council for approval.

Subsidiary Decision Points: The City provided a one-time contribution of $100,000 to a trust account to fund studies to accomplish objectives of the Stipulation.

In 2003, the City committed $100,000 to a trust, and the interest from that will be used to fund studies of the subject area and the principal used for project implementation (if mutually agreed upon). The Federal Government is committed to seeking funding of $100,000 as a congressional appropriation to be used conjunctively with the City's money.

A sustainable community through economic vitality, environmental protection and social inclusion.
Effective governance.

Yes.  Council executed the Stipulation on December 10, 2001.  Council approved the MOU (Agreement Number G747003001) on August 6, 2003.  Council approved the Charter to the MOU on July 25, 2005.

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. 

In December of 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 the principal source of water supply for Upper Lake Mary.

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. A Memorandum of Understanding to cooperate in the establishment of a Technical Advisory Committee was signed by the Parties on September 2, 2003 with a 5-year term that expired in 2008. A revised MOU and Charter are presented to Council as the attached.

The TAC had been meeting several times a year to discuss and prioritize projects that satisfy the objectives of the Stipulation.  The TAC is prepared to present a list of projects to Council this spring for Council's approval of support.

The intent of the Stipulation is to increase flood flows to Walnut Creek by improving the surface water supply.  This would, in turn, increase runoff into Upper Lake Mary. 

Approved by CC on 1/15/2013 - EAB