Draft EIS Appendix 23 

APPENDIX 23—MOU BETWEEN BLM AND WWDC 

CONCERNING HIGH SAVERY DAM AND 

RESERVOIR PROJECT 

BLM MOU NO. WY-030-03-05-073 

To define and clarify the management roles and responsibilities of the BLM and WWDC for certain 

public lands near to or adjacent to the High Savery Dam and Reservoir Project. 

BACKGROUND: The State of Wyoming through the Water Development Commission (WWDC) 

received a Section 404 permit from the U.S. Army Corps of Engineers on December 20, 2000, to

construct the Little Snake Supplemental Water Supply Project, as the High Savery Dam and Reservoir 

alternative, hereafter referred to as the High Savery Dam and Reservoir Project. The proposed dam is

located on Savery Creek in southern Carbon County, Wyoming. Savery Creek is a tributary to the Little

Snake River, which flows into the Yampa River in Colorado. The dam’s primary purpose is to provide 

approximately 12,000 acre-feet of supplemental irrigation water for hay production along Savery Creek

and the Little Snake River, primarily during July, August, and September. As a condition of the Section 

404 permit, the WWDC is to create a total of 32 acres of wetlands as mitigation for wetlands inundated or 

filled by the project. Approximately 17.51 acres of wetlands will be created on public land managed by

the BLM. The WWDC is also to construct 17 in-stream erosion control structures as part of the Section 

404 requirements. These structures are located in close proximity to the created wetlands and will help 

control stream entrenchment and lateral movement. The WWDC received right-of-way grant 

WYW-151862 on April 2, 2001, allowing the WWDC to create the wetlands and to construct the erosion 

control structures. The wetlands and structures are to be maintained for the life of the project, which is

projected to be 100 years. 

PURPOSE: The purpose of this Memorandum of Understanding (MOU) is to define and clarify the

management roles and responsibilities of the BLM and the WWDC for public lands described as: 

T. 15 N., R. 88 W., 6th • P.M., Carbon County, Wyoming 

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Section 2: That portion of lots 14 and 15 west of the centerline of Carbon County Road 401;

Section 10: NW1⁄4NE1⁄4, NE1⁄4NW1⁄4; 

Section 11: That portion of lots 2 and 5 west of the centerline of Carbon County Road 401, 

NE1⁄4NW1⁄4; 

Section 14: That portion of lots 4, 5, 6 west of the centerline of Carbon County Road 401,

that portion of the SE1⁄4NE1⁄4 west of the centerline of Carbon County Road 401;

Section 16: Lots 1, 2;

Section 17: Lots 4, 5, 6, 7, 8, 9, NW1⁄4SE1⁄4; 

Section 18: Lot 19; 

Section 19: Lots 5, 12, 13, and 16. 

See map A23-1. 

AUTHORITY: This MOU is made and entered into by and between the BLM and the WWDC in

accordance with the following authorities: 

Title II of the Federal Lands Policy and Management Act of October 21, 1976 (90 Stat. 2747, 43 USC 

1712); Legislation for the High Savery Dam and Reservoir Project, Ch. 2, 2001, Wyo. Sess. Laws. 

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Appendix 23 Draft EIS 

AREAS OF COOPERATION: 

Responsibilities of the BLM: The BLM will have overall management responsibility for the public

lands addressed in this MOU. All management decisions will be coordinated with the WWDC. 

Responsibilities of the WWDC: The WWDC will be responsible for obtaining all the required rights-ofway to construct the project on public lands and will be responsible for the operation and maintenance of

the wetlands and erosion control structures in T. 15 N., R. 88 W., 6th P.M., Carbon County, Wyoming, 

section 2: that portion of lots 14, 15 west of the centerline of Carbon County Road 401; section 10:

NW1⁄4NE1⁄4, NE1⁄4NW1⁄4; section 11: that portion of lots 2 and 5 west of the centerline of Carbon County

Road 401, NE1⁄4NW1⁄4; section 14: that portion of lots 4, 5, 6 west of the centerline of Carbon County 

Road 401, that portion of the SE1⁄4NE1⁄4 west of the centerline of Carbon County Road 401; section 16:

Lots 1, 2; section 17: Lots 4, 5, 6, 7, 8, 9, NW1⁄4SE1⁄4; and section 18: Lot 19; Section 19: Lots 5, 12, 13,

16. The BLM will coordinate and cooperate with the WWDC on other resource management activities 

that will occur on the described public lands. The main areas of resource management concern are 

discussed below: 

Livestock Grazing Management: The WWDC controls the state lands to which the Mexican Meadows 

allotment grazing permit (#493041) is attached. WWDC has constructed a new fence splitting the 

Mexican Meadows allotment into two pastures. The south pasture will remain as the Mexican Meadows 

allotment, with AUMs adjusted to the border of the new fence. A ten-year grazing permit would be 

reissued with annual grazing authorized by cattle for the same season of use as the previous permit. The 

north pasture, which contains Savery Creek and the newly created wetlands, will be combined with the 

lands removed from Stratton’s Sandstone Ranches, Savery Creek allotment into a new allotment called

High Savery. It would also contain the dam, reservoir pool area, and other facilities. Public lands and 

AUMs in this allotment would not be assigned in an active grazing permit. Grazing within the High 

Savery allotment would be on an occasional basis to meet vegetative management and objectives, rather

than for livestock production. If grazing occurs, a grazing lease would be agreed upon by the WWDC

and a livestock operator, with use of public lands and AUMs adhering to the WWDC lease. Grazing use 

would be issued on a temporary, non-renewable basis. 

Mineral Resource Management: The BLM will manage the locatable, leaseable, and salable mineral 

resources on the subject public lands. The WWDC and BLM will coordinate very closely to manage the 

mineral resources to minimize conflicts between mineral development and the High Savery Dam and

Reservoir Project. The BLM will get concurrence with WWDC prior to selling any salable minerals. The 

BLM will stipulate any leaseable mineral lease with a no surface occupancy term and condition. 

Recreation Management: The BLM and WWDC will manage recreation cooperatively on the subject 

public lands. For public safety and protection of structures and facilities, access will be restricted to foot

access. Accommodations to allow foot access and prevent unwanted vehicular traffic on public lands

would be the responsibility of both the WWDC and BLM. 

Water, Wetland, and Riparian Management: The WWDC will be responsible for water, wetland, and 

riparian management on the subject public lands as required by the Section 404 permit for the High

Savery Dam and Reservoir Project. Management of these resources will be coordinated with the BLM. 

ADMINISTRATION

Term of MOU: This MOU shall become effective upon signature by all participants and shall be in 

effect until terminated. Any party may withdraw from the MOU by giving 60 days written notice to the

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other party. Parties agree to meet prior to termination of this MOU. The parties also agree to meet

periodically to validate the continued need and also to discuss if any changes to the MOU are necessary. 

In carrying out the activities under this MOU, the parties agree to comply with all applicable State and

Federal laws. 

The terms and conditions contained in right-of-way grants WYW-151861 and WYW-151862 granted

April 2, 2001, to the WWDC from the BLM will take precedent over this MOU. 

That nothing herein shall be construed in any way as limiting the legal authority of the BLM in 

connection with the proper administration and protection of all properties administered by BLM in

accordance with Federal laws and regulations. 

Payment: No payment shall be made to either party by the other party as a result of this MOU. Any

commitments or exchange of value shall be accomplished by separate instrument. 

That nothing in this MOU shall be construed as obligating the BLM or WWDC to expend funds in any

contract or other obligations for future payments or services in excess of those available or authorized for 

expenditure. 

Amendments: Either party may request changes in this MOU. Any changes, modifications, revisions, or 

amendments to this MOU, which are mutually agreed upon by and between the parties to this MOU shall

be incorporated by written instrument, executed, and signed by all parties to this MOU. 

Entirety of MOU: This MOU, consisting of five pages, represents the entire and integrated MOU

between the parties and supersedes all prior negotiations, representations and agreements, whether written 

or oral (with the exception of right-of-way grants WYW-151861 and WYW-151862). 

Prior Approval: This MOU shall not be binding upon either party unless this MOU has been reduced to 

writing before performance begins as described under the terms of this MOU, and unless the Wyoming’s

Attorney General or his representative approves this MOU as to form. 

Severability: Should any portion of this MOU be judicially determined to be illegal or unenforceable,

the remainder of the MOU shall continue in full force and effect, and either party may renegotiate the 

terms affected by the severance. 

Sovereign Immunity: The U.S. Department of Interior, Bureau of Land Management, the State of 

Wyoming, and the Wyoming Water Development Commission do not waive their sovereign immunity by

entering into this MOU, and each fully retains all immunities and defenses provided by law with respect 

to any action based on or occurring as a result of this MOU. 

Third Party Beneficiary Rights: The parties do not intend to create in any other individual or entities 

the status of third party beneficiary and this MOU shall not be construed so as to create such status. The

rights, duties, and obligations contained in this MOU shall operate only between the parties to this MOU, 

and shall inure solely to the benefits of the parties to this MOU. The provisions of this MOU are intended 

only to assist the parties in performing their obligations under this MOU. The parties to this MOU intend

and expressly agree that only parties signatory to this MOU shall have any legal or equitable right to seek

to enforce this MOU, to seek any remedy arising out of a party’s performance or failure to perform any 

term or condition of this MOU, or to bring action for the breach of this MOU. 

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The Federal Government’s liability shall be governed by the provisions of the Federal Tort Claims Act 

(28 USC 267-80). The State of Wyoming’s liability shall be government by Wyoming State Stat. 1-39-

101 et seq. and all other state law. 

No member of, or delegation to, Congress or Resident Commissioner shall be admitted to any share or 

part of this MOU, or to any benefit that may arise there from; but this provision shall not be construed to

extend to this MOU if made with a corporation for its general benefit. 

Dispute Resolution: The BLM and WWDC agree to comply with this MOU and to take the following

actions if the two parties are in conflict over the administration of this MOU. 

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Contact, when appropriate, or meet with parties to evaluate the validity of any complaint. 

Conduct an MOU-in-hand review of the activity site within 10 days, or an agreed to time, after 

receiving the complaint to determine if violations had occurred. 

Evaluate the activity or project site in regards to this MOU to determine the need for any changes, 

amendments, modifications, or revisions to this MOU. 

Modify, amend, or revise this MOU to assure that any additional mitigation measures, deemed 

necessary through the MOU are implemented. 

Throughout the implementation and administration of the MOU, the participants shall comply 

with all Federal Statutes relating to nondiscrimination. These include but are not limited to: 

Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the 

basis of race, color, handicap or national origin; and, (b) Title IX of the Education Amendments 

of 1972, as amended (20 U .S. C. 1681-1683, and 1685-1686), which prohibits discrimination on 

the basis of sex. 

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APPROVALS

In witness whereof, the parties to this MOU through their duly authorized representatives have executed

this MOU on the days and dates set out below and certify that they have read, understood and agreed to

the terms and conditions of this MOU as set forth herein. 

U.S. Department of the Interior 

Bureau of Land Management 

Rawlins Field Office 

_______________________________________________ ________________ 

Kurt J. Kotter, Field Manager Date 

Wyoming Water Development Commission 

_______________________________________________ ________________ 

Lawrence M. Besson, Director Date 

APPROVAL AS TO FORM: 

_______________________________________________ ________________ 

S. Jane Caton Date

Senor Assistant Attorney General 

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