Draft

MEMORANDUM OF UNDERSTANDING

BETWEEN

Washington County Soil and Water Conservation District

and

Tualatin River Watershed Council

PURPOSE

This Memorandum of Understanding (MOU) defines the roles and working relationships between the Washington County Soil and Water Conservation District (District) and the Tualatin River Watershed Council (Council) as they work collaboratively to support watershed improvement activities in the Tualatin River Subbasin of the Willamette River Basin.

Work activities include public education and outreach, watershed assessment and action planning, conservation planning with individuals and groups, water quality monitoring, and design and implementation of watershed restoration projects. The Parties will proceed with a voluntary, locally-driven and non-regulatory approach to improve the health of the watershed.

This MOU will facilitate efficiencies to maximize watershed improvements with limited resources and staff available. Roles and responsibilities are defined herein but these lists are not exclusive of other activities individual entities may wish to undertake.

 

BACKGROUND AND AUTHORITIES

The Washington County Soil and Water Conservation District was organized and chartered in the State of Oregon in 1955. The District is a legal subdivision of the state government led by an elected Board of Directors, formed under the authority defined in ORS 190.420 and ORS 568.225. The District has the authority and responsibility to assist landowners and agencies with resource problems through direct planning and on-the-ground implementation with resource owners and managers. The District operates as the Local Management Agency for the Oregon Department of Agriculture under ORS 568.900-933 (often called SB1010) to implement the Tualatin River Subbasin Agricultural Water Quality Management Area Plan (ORS 603-95-0010-0180). Under these rules the District has legal authority to operate for the whole Tualatin River Subbasin.

The District maintains a Cooperative Working Agreement with the USDA Natural Resources Conservation Service that provides the District with office space and equipment use in return for assistance with implementing the Lower Willamette Basin Strategic Plan. Office space and equipment will be available to the Council subject to availability and terms of the Cooperative Working Agreement.

Authority to form the Tualatin River Watershed Council was adopted in 1993 under HB 2215 and is contained in ORS 541.345, 350, and 388. The 1995 Legislature unanimously passed HB 3441 providing further guidance in forming watershed councils. Formed under this definition, the Council is a voluntary local organization established by the Washington County Board of Commissioners on February 27, 1996 to address the goal of sustaining natural resources and watershed protection and enhancement within a watershed. The Tualatin River Watershed Council was organized and chartered in 1996 and represents the major stakeholders in the Tualatin River Watershed.

The Tualatin River Watershed encompasses 711.145 square miles or approximately 440,000 acres. Almost 79% of the watershed is in Washington County. The other 11% or 78 square miles are in Multnomah, Yamhill, Clackamas, Tillamook, and Columbia counties.

 

ROLES AND RESPONSIBILITIES

THE PARTIES MUTUALLY AGREE:

  1. To collaborate in ways to enhance their respective programs.
  2. To develop joint public information and education plans and implementation strategies.
  3. To identify resource problems and generate complementary long-range plans.

Council employees will be employed by the District and be subject to the Personnel and Fiscal Policies and Procedures of the District. Hiring of these employees will be the sole responsibility of the Council. Both the Council and District will collaborate to conduct performance evaluations and other personnel management tasks as agreed to by both Parties. The District will provide limited guidance, supervision, and training. The District will provide the Council with quarterly financial reports or more frequently at the request of the Council.

 

SOIL AND WATER CONSERVATION DISTRICT:

  1. May serve as a fiscal agent and contracting agency for Council-initiated restoration projects (Covered by Oregon Tort Claims Act General Comprehensive General Liability Insurance).
  2. May administer grants for the Council. An administrative fee will be negotiated between the Council and District for each project.
  3. Provide technical assistance to the Council, Council employees, and to private landowners for conservation planning, project design, implementation and follow-up including maintenance and monitoring as resources allow.
  4. Respond to landowner referrals for technical assistance from the watershed council.
  5. Provide countywide representation through an elected board of directors and act as a liaison between landowners and governments.
  6. Serve as the agent for all US Department of Agriculture-Natural Resources Conservation Service incentive and emergency programs. (i.e. Emergency Watershed Program, Environmental Quality Incentives Program, Wetland Reserve Program, Wildlife Habitat Incentives Program, etc.)
  7. Serve as the Local Management Agency (LMA) for SB 1010 implementation in the basin.
  8. Recognize individual contributions to conservation such as Teacher of the Year, Cooperator of the Year, and Poster Contests.
  9. Assist the Tualatin River Watershed Council with technical and other support, as requested, to prepare watershed assessments and implement watershed action plans, including the Tualatin River Watershed Action Plan.
  10. Conduct education and public awareness activities to promote watershed health.

 

TUALATIN RIVER WATERSHED COUNCIL:

  1. Lead and involve local citizens in watershed assessments and implementation of watershed action plans including the Tualatin River Watershed Action Plan.
  2. Lead and coordinate water quality monitoring on a watershed or sub-watershed basis.
  3. Involve a diverse citizenry in watershed health issues at the local level.
  4. Provide networking among landowners and land managers.
  5. While not legally binding, the Council may serve as a forum for conflict resolution and the building of community trust and partnerships.
  6. May act as an advisory body to decision makers (cities, county, state, federal, and legislature).
  7. Facilitate or perform maintenance and monitoring on completed restoration projects as resources allow.
  8. Facilitate or conduct restoration projects with a wide variety of partners, including the District.
  9. Conduct education and public awareness activities to promote watershed health.
  10. Provide input on Council goals and projects for the District's Annual Work Plan.

 

DURATION

This MOU becomes effective upon signature by both parties, and can be modified or terminated at any time by mutual consent. Either party may terminate this agreement by giving 60 days written notice to the other party or at such other date as may be established by the other party.

The signatories will evaluate annually whether this MOU should be amended or expanded to meet the needs of both parties.

All programs and services of the Washington County Soil and Water Conservation District and the Tualatin River Watershed Council are offered on a non-discriminating basis without regard to race, color, national origin, religion, gender, age, marital status, disability, or handicap.

Signed:


Washington County Soil and Water Conservation District                                                                                                              Date


Tualatin River Watershed Council                                                                                                                                                 Date