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FS# 09-MU-11046000-027

UTAH NONPOINT SOURCE MOU

MEMORANDUM OF UNDERSTANDING

IMPLEMENTING THE NONPOINT SOURCE WATER QUALITY PROGRAM

IN THE STATE OF UTAH

I. PARTIES TO THE MEMORANDUM OF UNDERSTANDING

This Memorandum of Understanding (MOU) is made among: Utah 

Division of Water Quality (DWQ), Utah Department of Agriculture 

and Food (UDAF), Utah Division of Forestry, Fire and State Lands 

(FFSL) Utah Division of Wildlife Resources (UDWR); U.S. 

Department of Agriculture, Forest Service, Intermountain Region 

(FS); the U.S. Department of Interior (USDI), Bureau of Land 

Management (BLM) and National Park Service (NPS) within the 

State of Utah. 

II. PURPOSE

The purpose of this MOU is to coordinate state and federal 

agency activities for nonpoint source water quality protection, 

monitoring and improvement activities on federal and state lands 

within the State of Utah. This MOU outlines the roles and 

responsibilities of the parties in implementing the nonpoint 

source water quality provisions of the federal Clean Water Act, 

the Utah Water Quality Act, and the Utah Nonpoint Source 

Pollution Management Plan and addendums. 

III. DEFINITIONS

Best Management Practice (BMP): Practices, techniques, or 

measures developed or identified by the designated agency and 

identified in the state Nonpoint Source Pollution Management 

Plan, which are determined to be a cost-effective and 

practicable means of preventing or reducing pollutants generated 

from nonpoint sources to a level compatible with water quality 

goals. 

Federal Land Management Agencies: For this MOU only, the Bureau 

of Land Management (BLM), National Park Service (NPS), and 

Forest Service (FS) collectively are identified herein as the 

Federal Land Management Agencies. 

Federal Lands: For this MOU only, lands administered within the 

State of Utah by the USDA, Forest Service (National Forest 

System (NFS) lands), USDI, Bureau of Land Management (National 
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System of Public Lands) and USDI, National Park Service, 

collectively are identified herein as Federal Lands. 

Nonpoint Source Pollution: Ground and surface water pollution 

that comes from varied and diffuse sources and can be 

categorized by the general land disturbing activity that causes 

the pollution. 

IV. AUTHORITIES, ROLES, AND RESPONSIBILITIES

Utah Department of Environmental Quality – Division of Water 

Quality

Authorities:

The Utah Water Quality Board and the Division of Water Quality 

staff are charged to maintain, protect, and enhance the quality 

of Utah's surface and ground water resources. The statutory 

authority for the Board is contained in Utah Code Ann. §§ 19-5-

101 to -124, which describe the responsibilities and activities 

of the Water Quality Board and Division of Water Quality. 

Roles:

The Division of Water Quality (DWQ) serves as the lead agency 

for the State Nonpoint Source Pollution Management Program 

pursuant to the Nonpoint Source Pollution Management Plan of May 

2013. Among other regulatory programs, DWQ is the designated 

state agency responsible for the development and implementation 

of water quality standards, Total Maximum Daily Loads (TMDLs), 

the nonpoint source program, and water quality certifications 

(401 certification) of the Army Corps of Engineer’s 404 Permits. 

DWQ acts as the Grantee for the Clean Water Act section 319 

funds and assumes ultimate responsibility for monitoring and 

reporting of grant performance to the EPA. 33 U.S.C. § 1329. 

TMDLs are water quality restoration plans required for 

waterbodies assessed as impaired for one or more designated 

beneficial uses. Total Maximum Daily Loads (TMDLs) include an 

identification of all sources of the pollutant impairing the 

beneficial use, a determination of the maximum allowable load of 

that pollutant and an allocation of this allowable load among 

the various sources including both point and nonpoint sources. 

The Division of Water Quality also provides Water Quality 

Certifications pursuant to section 401 of the Federal Clean 

Water Act. 33 U.S.C. § 1341.
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Responsibilities:

Utah Water Quality Act, Utah Code Ann. §§ 19-5-101 to -124.

The Utah Water Quality Act (WQA) is the enabling legislation for 

Utah's water quality protection program. The act establishes 

the Water Quality Board, the Division of Water Quality and 

Utah's Water Quality Rules, Utah Admin. Code R. 317. The 

following selected rules implement the provisions of the Water 

Quality Act. 

Standards of Quality for Waters of the State, Utah Admin. Code 

R. 317-2.

Utah's Water Quality Standards are the result of the process 

outlined in 40 C.F.R. § 131 as authorized under section 303 of 

the Clean Water Act (CWA). 33 U.S.C. § 1313. Water quality 

standards are defined by the uses of the water and by the 

criteria necessary to protect those uses. Water quality 

standards are established to protect aquatic wildlife, 

recreational uses, public water supplies and agricultural uses 

as designated. The standards serve the dual purpose of 

establishing the water quality goals for a specific water body 

and serve as the regulatory basis for the establishment of water 

quality based treatment controls and strategies for permitted 

point source discharges. Water quality standards also serve as 

the basis for assessments of beneficial use support, 

establishment of TMDLs and the implementation of nonpoint source 

pollution control plans and BMPs to achieve water quality goals.

Utah Department of Agriculture and Food

Authorities:

The Utah Conservation Commission (UCC) is authorized under Title 

4, Chapter 18 of the Utah Code. Under the Purpose Declaration 

(4-18-102) of the act, it states that the Legislature finds and 

declares that the soil and water resources of this state 

constitute one of its basic assets and that the preservation of 

these resources requires planning and programs to ensure the 

development and utilization of these resources and to protect 

them from the adverse effects of wind and water erosion, 

sediment, and sediment related pollutants. The Legislature also 

finds that sustainable agriculture is critical to: the success 

of rural communities; the historical culture of the state; 

maintaining healthy farmland; maintaining high water quality; 

maintaining abundant wildlife; high-quality recreation for 

citizens of the state; and helping to stabilize the state 

economy. This includes encouraging agricultural producers to 

operate in a manner that maintains the integrity of the state’s 

resources, particularly through the administration of the Utah 
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Agriculture Certificate of Environmental Stewardship (ACES) 

Program.

Roles:

The Utah Department of Agriculture and Food has several programs 

to help meet this statutory requirement which include the 

Grazing Improvement Program (GIP), Agricultural Certificate of 

Environmental Stewardship (ACES), Agriculture Resource 

Development Fund (ARDL), Invasive Species Mitigation Program

(ISM), the Colorado River Basin Salinity Control Program 

(CRBSCP) and Coalmine Offset Program. GIP was created to improve 

livestock grazing and rangeland conditions (including riparian 

areas) by providing cost share grants for projects and to 

improve grazing management in Utah. GIP can assist and 

participate on private, state and federal owned lands to improve 

grazing opportunity and watershed health. The ACES program was 

designed to assist producers in evaluating their environmental 

risk, implementing of best management practices on their 

operation and complying with existing regulations. ARDL makes 

loans for rangeland improvement and management projects such as 

watershed protection and flood prevention projects, cropland 

soil and water conservation projects, programs designed to 

promote energy efficient farming practices, development and 

implementation of coordinated resource management plans, and 

agriculture product storage or protection. The ISM, in 

cooperation with the State, County, and Cooperative Weed 

Management Areas (CWMAs), also seek to control invasive species 

which are detrimental to rangeland conditions and watershed 

health. The CRBSCP and Coalmine Offset Programs are also 

administered through UDAF to provide funding for qualified 

agricultural producers to reduce salt transport and erosion 

through funding irrigation practice improvements in approved 

salinity areas.

Responsibilities:

Provide funding, education and other resources for the 

implementation of agricultural best management practices to 

control nonpoint source pollution from agricultural activities 

on private, state and federal lands. Improve rangeland and 

riparian conditions under the GIP, ACES, ARDL, ISM, CRBSCP and 

Coalmine Offset programs and monitor the effectiveness of 

program implementation.
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Utah Division of Forestry, Fire & State Lands

Authorities:

The Utah Forest Practices Act (Utah Code Ann. §§ 65A-8a-101 to -

106) requires operators to register with FFSL, and to notify 

FFSL prior to commencing any forestry practices on state or 

private lands. Utah Admin. Code R. 652-140 outlines the 

specific registration and notification requirements.

Roles:

FFSL implements strategies identified in the Utah Tomorrow 

Strategic Plan (Utah Tomorrow Resolution S.C.R. 4, adopted 

during the Utah Legislature 1995 General Session) to serve in a 

technical advisory role to federal, state, and local land 

management agencies for non-point source water quality issues. 

These strategies include: “Promote excellence in environmental 

quality, including programs for air, water and fauna, flora and 

soil, and for activities in pollution prevention, cleanups, 

emissions reductions, public education and cost-effectiveness of 

controls. . . . Encourage partnerships between those parties who 

manage, develop, and utilize renewable and nonrenewable 

resources. . . . Improve coordination between federal, state, 

and local government in land-use planning.” S.C.R. 4, 56th Leg., 

(Ut. 1995).

Responsibilities:

FFSL assists private landowners with implementing Utah’s

voluntary Forest Water Quality Guidelines (FWQG). FFSL uses 

operator notifications as a mechanism to identify where forestry 

activities are occurring in the state in order to monitor 

compliance with FWQG. 

Forest Stewardship Plans (FSP) are also developed for private 

landowners who are interested in long-term maintenance of water 

quality, forest products, and other watershed values. Funding 

is provided in part by grants from the U.S. Forest Service. 

These FSP’s are implemented in part using Environmental Quality 

Incentives Program (EQIP) cost-share grants provided by the 

federal Natural Resources Conservation Service (NRCS).

While performing work on federal lands under the Consolidated 

Appropriations Act (Division E --Department of the Interior and 

Related Agencies Appropriation Act, 2005), Pub. L. No. 108-447, 

118 Stat. 2809, 3102, Section 337(a) (Federal and State 

Cooperative Forest, Rangeland, and Watershed Restoration in 

Utah), as amended by the Consolidated Appropriations Act 

(Division F–Department of the Interior, Environment, and Related 

Agencies Appropriations Act, 2008),
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Pub. L. No. 110-161, 121 Stat. 1844, 2149, Section 420, the 

appropriate federal regulations are followed.

Utah Division of Wildlife Resources

Authorities:

The Utah Division of Wildlife Resources (Division) presently 

operates under authority granted by the Utah Legislature in 

Title 23 of the Utah Code. The division was created and 

established as the wildlife authority for the state under 

Section 23-14-1 of the Code. This Code also vests the Division 

with its functions, powers, duties, rights, and 

responsibilities. The Division’s duties are to protect, 

propagate, manage, conserve, and distribute protected wildlife 

throughout the state.

The Utah Division of Wildlife Resources is charged to manage the 

state’s wildlife resources and

to assure the future of protected wildlife for its intrinsic, 

scientific, educational and recreational

values. Protected wildlife species are defined in code by the 

Utah Legislature.

Roles:

The Division implements terrestrial and aquatic habitat 

enhancements throughout Utah to address the management needs of 

the state's wildlife resources, including fish populations. As 

part of fish habitat enhancement efforts, the Division conducts 

stream restoration actions statewide. Given that water quality 

problems are often the result of degraded aquatic habitats, fish 

habitat enhancement efforts are often undertaken as part of 

water quality improvement projects developed to address nonpoint 

pollution resulting from erosion, overgrazing, or other causes. 

Responsibilities:

In partnership with NRCS, DEQ, and other agencies and NGO, the 

Division assists private landowners with stream restoration 

projects designed to minimize landowner impacts related to 

flooding and erosion. Additionally, Division personnel work 

with BLM and USFS personnel to address stream degradation on 

federally-owned lands throughout Utah. Both efforts function to 

enhance water quality in Utah's watersheds. In partnership with 

UDEQ, the Division now undertakes stream restoration projects in 

a prioritized fashion to maximize the benefit of state and 

federal water quality improvement funding (e.g., EPA 319 and 

NPS) within Targeted Watersheds.
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United States Department of Agriculture, Forest Service 

Authorities:

The Forest Service (FS) has the statutory authority to manage, 

regulate and enforce land-use activities on National Forest 

System (NFS) lands. The Organic Act of 1897, (16 U.S.C. § 475), 

the Multiple Use Sustained Yield Act of 1960, Pub. L. No. 86-

527, (54 U.S.C. § 100301-100302), and the National Forest 

Management Policy Act of 1976, as amended by the Omnibus Parks 

and Public Lands Management Act of 1996, Pub. L. No. 104-333, 

110 Stat. 4093 (16 U.S.C. § 1600) and other laws, rules and 

policy direct the FS to regulate the occupancy and use of 

National Forest System lands, including those activities that 

may affect water quality. 

Roles:

The FS is responsible for the management of approximately 8.1 

million acres of NFS lands in Utah. These lands form the 

headwaters of many of Utah’s watersheds and support numerous 

beneficial uses of the rivers, streams, lakes and reservoirs 

within and downstream of NFS lands. All surface waters 

geographically located within National Forest System boundaries 

(with certain exceptions) are designated Category 1 Waters (Utah 

Admin. Code R. 317-2-12.1). The FS is responsible to protect, 

restore and maintain water quality for these waters on NFS lands 

in Utah. 

Responsibilities:

As the designated management agency for NFS lands in Utah, the 

FS is responsible for (1) implementing nonpoint source pollution 

controls; and (2) meeting Utah water quality standards and 

antidegradation policy, including protection of designated 

beneficial uses. Section 313 of the Clean Water Act (33 U.S.C. 

§ 1323), further directs the FS to meet federal, state, 

interstate and local substantive and procedural requirements 

respecting the control and abatement of pollution in the same 

manner, and to the same extent, as any nongovernmental entity. 

The FS nonpoint source pollution control policy originates from 

the nonpoint source strategy (Forest Service Manual (FSM) 2532 -

Water Quality Management and Forest Service Handbook (FSH) 

2509.22 - Soil and Water Conservation Handbook, including policy 

updates). The FS nonpoint source strategy includes: applying, 

monitoring and adjusting BMPs for all FS and FS approved 

activities that may impair water quality; evaluating and 

addressing potential water quality impacts during environmental 
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analysis; and identifying and implementing priority restoration 

needs; and applying mitigation actions as necessary to ensure 

that Utah Water Quality Standards are met and designated 

beneficial uses of water are protected. By implementing these 

and other actions the FS will apply its nonpoint source strategy 

to all activities on NFS lands that may degrade water quality. 

The FS also coordinates water quality programs and activities 

with local, state and federal agencies, affected public lands 

users, neighboring land owners, and other affected interests. 

U.S. Department of Interior, National Park Service

Authorities:

The National Park Service, under its Organic Act of 1916, 39 

Stat. 535 (54 U.S.C. §§ 100301-100302), is directed to “conserve 

the scenery and the natural and historic objects and the wild 

life therein and to provide for the enjoyment of the same in 

such manner and by such means as will leave them unimpaired for 

the enjoyment of future generations” (16 U.S.C. § 1).

The National Park Service manages approximately 2,110,837 acres 

in Utah that are famous for outstanding scenery and water bodies 

of national significance. The Park Service has statutory 

authority to regulate, permit and enforce most land-use 

activities on National Park lands that affect water quality 

pursuant to section 208 of the CWA (33 U.S.C. § 1288). 

Roles:

The Management Policies 2006, National Park Service (NPS 2006 § 

4.6.3 - Water Quality) encourages Parks to work with appropriate 

governmental bodies to obtain the highest possible standards 

available under the Clean Water Act for the protection of park 

waters; take all necessary actions to maintain or restore the 

quality of surface waters and groundwaters within the parks 

consistent with the Clean Water Act and all other applicable 

federal, state, and local laws and regulations; and enter into 

agreements with other agencies and governing bodies, as 

appropriate, to secure their cooperation in maintaining or 

restoring the quality of park water resources.

Responsibilities:

The Clean Water Act (33 U.S.C. § 1323) directs the National Park 

Service as a federal agency with jurisdiction over property to 

meet federal, state, interstate and local substantative as well 

as procedural requirements respecting control and abatement of 

pollution. It goes further in specifically referencing National 
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Parks by stating “[w]here high quality waters constitute an 

outstanding National resource, such as waters of National and 

State parks and wildlife refuges and waters of exceptional 

recreational or ecological significance, that water quality 

shall be maintained and protected" (40 C.F.R. § 131.12). Thus, 

the integrity and character of pristine water bodies should be 

maintained in accordance with the antidegradation provision of 

the CWA to ensure sustainable ecological function and enjoyment 

by park visitors.

The National Park Service is the designated nonpoint source 

management agency on the lands under its management (40 C.F.R. § 

130.9(d)). For waters that originate or lie wholly within park 

units, anthropogenic activities should be managed so that they 

have minor or negligible impacts on water quality according to 

defined levels of impact under National Environmental Protection 

Act (NEPA) (NPS 2003, pg 25). Furthermore, the Park Service has 

the goal of maintaining or improving surface water quality 

consistent with state and federal water quality standards and 

actively seeks to cooperate with other local, state and federal 

agencies as well as affected public land users. 

The National Parks Omnibus Management Act of 1998, Pub. L. No. 

105-391, 112 Stat. 3497, 3499, 3500 (Title II, National Park 

System Resource Inventory and Management §§ 201, 206) (16 U.S.C. 

§§ 5931, 5936) directs the Park Service to use information 

gathered in monitoring and research for park management 

purposes. Thus the National Park Service works cooperatively 

with other agencies to inventory, monitor, and evaluate water 

quality data necessary for proper management of public lands. 

U.S. Department of Interior, Bureau of Land Management

Authorities:

The Federal Land Policy and Management Act of 1976, Pub. L. No. 

94-579, 90 Stat. 2743 (43 U.S.C. § 1701), establishes BLM’s 

statutory authority to manage, regulate, authorize, and enforce 

multiple and interdisciplinary land use activities that may 

affect water quality. BLM is directed to manage the National 

System of Public Lands in a manner that will protect the quality 

of scientific, scenic, historical, ecological, environmental, 

air and atmospheric, water resource [emphasis added], and 

archeological values while providing food and habitat for fish, 

wildlife, domestic animals, and also provide for outdoor 

recreation and human use and occupancy.
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Additionally, as provided by regulations, developed by the 

Secretary of the Interior on February 22, 1995, (43 C.F.R. § 

4180.1) Four fundamentals of Rangeland Health were adopted as 

goals for BLM management. The fourth Fundamental of Rangeland 

Health states that water quality complies with State water 

quality standards and achieves or is making significant progress 

towards achieving established BLM management objectives. Utah 

BLM has adopted the standard that “BLM will apply and comply 

with water quality standards established by the State of Utah 

(R3172) and the Federal Clean Water and Safe Drinking Water 

Acts. Activities on BLM Lands will fully support the designated 

beneficial uses described in the Utah Water Quality Standards, 

(R.317-2) for surface and groundwater.” Standard 4, Bureau of 

Land Management, Rangeland Health Standards and Guidelines, Utah 

Rangelands Health Standards.

In 1984, Pub. L. No. 98-569, 98 Stat. 2939, amended the 1974 

Colorado River Basin Salinity Control Act, Pub. L. No. 93-320, 

88 Stat. 266 (1974) (43 U.S.C. §§ 1571-1599) and directed the 

Secretary to develop a comprehensive program for minimizing salt 

contributions from lands administered by the BLM. This is 

primarily accomplished through activities to reduce nonpoint 

source pollution.

Roles:

BLM is responsible for the administration, management, and 

protection of approximately 23 million acres of public land in 

Utah. BLM lands are frequently at the middle to lower 

elevations of sub-basins and basins throughout Utah, and are 

often intermingled with and/or adjacent to State Institutional 

Trust Lands Administration (SITLA) lands, private lands, and 

other lands.

BLM is the designated nonpoint source management agency for the 

National System of Public Lands under its management. In this 

Capacity, BLM’s goals are to maintain or improve surface and 

ground water quality consistent with state and federal water 

quality standards and at the same time minimize harmful 

consequences of activities that result in nonpoint source 

pollution. BLM inventories, monitors, and evaluates water 

quality data, as necessary for the proper management of public 

lands. BLM also coordinates its water quality activities with 

the local, state, and federal agencies, affected public land 

users, adjoining land owners, and other affected interests. The 

BLM is a member of the Utah Partners for Conservation and 

Development and several sub-basin watershed restoration 

partnerships that are focused on watershed restoration and the 

improvement of water quality.
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Utah BLM manages lands to protect, restore, and maintain water 

quality, supports beneficial uses, and achieve State water 

quality standards, in accordance with applicable laws and 

regulations.

Responsibilities:

The Federal Water Pollution Control (Clean Water) Act [33 U.S.C. 

§§ 1251-1387], requires federal agencies to meet federal, state, 

interstate, and local substantive as well as procedural 

requirements respecting control and abatement of water 

pollution. Utah BLM recognizes that the biennial Utah 303(d) 

List of Impaired Waters and annual 305(b) Integrated Report, as 

published by the Utah Division of Water Quality (pursuant to 

section 303(d) of the Clean Water Act) in coordination with the 

U.S. Environmental Protection Agency, are key documents in the 

management of the water quality of water bodies in Utah. Utah 

BLM Standards for Rangeland Health and Guidelines for Grazing 

Management (1997) (BLM-UT-GI-97-001-4000) establish the goal 

that surface and ground water on public lands comply with Utah 

Water Quality Standards.

V. THEREFORE, THE PARTIES MUTUALLY AGREE:

1. To cooperate in the protection, restoration, enhancement 

and management of water resources in the State of Utah to 

the extent of each agency’s authority, expertise, and 

resources.

2. To comply with the Federal Water Pollution Control Act 

(Clean Water Act, Pub. L. No. 92-500, 86 Stat. 816 (1972)) 

Section 208, (33 U.S.C. § 1288) and with the nonpoint 

source control Sections (319 and others) of the Clean Water 

Act, (33 U.S.C. § 1329), and applicable executive orders.

3. To implement the Standards of Quality for Waters of the 

State, Utah Admin. Code R. 317-2 on Federal Lands.

4. To implement the Utah Nonpoint Source Pollution Management 

Plan (2013) 

http://www.deq.utah.gov/ProgramsServices/programs/water/nps

/mgmtplan2013/index.htm and addendums and conduct 

applicable activities and programs consistent therewith. 

To participate with DWQ in updating such plans or 

developing new addendums.
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5. To coordinate pollution control and abatement programs 

particularly as they relate to implementation of Total 

Maximum Daily Loads(TMDLs) on impaired waterbodies.

6. To develop cooperative and/or complementary water quality 

monitoring systems for water quality assessments and 

determination of TMDLs, share technical expertise, and 

promote research on water quality management practices.

7. To coordinate water quality monitoring activities and 

cooperate in the collection, analysis and processing of 

water quality samples when the efforts are mutually 

beneficial to the Federal Land Management Agencies and the 

State. Cooperative monitoring programs between the State 

and the Federal Land Management Agencies will be described 

in detailed Sampling Analysis Plans (SAPs) and resource 

commitments will be made through project-specific 

agreements. These SAPs will be reviewed by the agency 

collecting the data, and the Monitoring Section of the 

Division of Water Quality to verify that the data that is 

being collected will serve the purpose it is intended for.

8. To develop and implement Best Management Practices (BMP's) 

for activities and uses of forest and rangelands with 

intent to meet State water quality standards.

9. To annually review selected projects for BMP implementation 

and effectiveness. A review team will include 

representatives from the DWQ, UDAF, FFSL and the relevant 

Federal Land Management Agencies. 

10. To hold annual meetings each spring to coordinate efforts 

of the Federal Land Management Agencies and DWQ, UDAF and 

FFSL. The meetings will be arranged by the DWQ with 

coordination from the Federal Land Management Agencies.

11. To cooperate across administrative boundaries to maintain 

or improve water quality where possible. Cooperative 

efforts include sharing data and collaborating on project 

planning and implementation efforts. 
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VI. THE STATE AGENCIES AGREE:

DEQ-Division of Water Quality agrees to:

1. Coordinate annually the development and implementation of a 

cooperative monitoring program.

2. Work actively with the Federal Land Management Agencies to 

develop and implement TMDLs for impaired waters on federal 

land.

3. Coordinate and conduct annual water quality management 

program coordination and education meetings.

4. Coordinate nonpoint source water quality management 

planning and implementation efforts by the State with the 

Federal Land Management Agencies where Federal Lands are 

involved and discuss these efforts during the annual 

coordination meeting.

5. Invite Federal Land Management Agency representation on 

policy or technical advisory committees that relate to 

forest, rangeland and riparian management.

6. Provide technical assistance to the extent resources and 

manpower are available in project planning and development 

as requested by the Federal Land Management Agencies.

7. Review the Federal Land Management Agencies’ proposed 

projects and activities scheduled for NEPA process,

participate in those affecting water quality, and provide 

timely comments as appropriate.

8. Inform Federal Land Management Agencies of applicable 

environmental quality laws, rules, policies and guidelines 

for review during the development stages and for 

information following publication.

9. Provide instructors and resource expertise when requested 

for Federal Land Management Agency training and education 

as determined mutually beneficial.

10. Keep the Federal Land Management Agencies informed of 

present and proposed water quality monitoring activities 

within or adjacent to the Federal Lands and discuss during 

the annual coordination meeting.

11. Any information furnished to DWQ, UDAF, DWR and the FFSL 

under this instrument is subject to the Government Records 
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and Access Management Act (Utah Code Ann. Title 63G, 

Chapter 2).”

Utah Department of Agriculture and Food agrees to:

1.Provide funding, education and other resources for the 

implementation of agricultural best management practices to 

control nonpoint source pollution from agricultural 

activities on private, state and federal lands. Improve 

rangeland and riparian conditions under the GIP, ACES, 

ARDL, ISM, CRBSCP and Coalmine Offset programs and monitor 

the effectiveness of program implementation.

2.Participate in the Water Quality Taskforce 

3.Verify that grant programs will evaluate the environmental 

benefit or impacts of each project that is implemented, and 

special consideration will be given to projects that help 

improve natural resources in the ranking process whenever 

possible.

The Division of Forestry, Fire & State Lands agrees to:

1. Monitor and report operator compliance with Utah’s Forest 

Water Quality Guidelines on state and private forestlands, 

pending available funding.

2. Provide technical assistance and partnerships with other 

agencies and organizations through participation on Utah’s 

Nonpoint Pollution Task Force, and other state cooperative 

water quality monitoring programs.

3. Cooperate with the Federal Land Management Agencies for 

project implementation and water quality monitoring 

associated with Good Neighbor Authority projects, as 

applicable.

The Division of Wildlife Resources agrees to:

1. Work with private, local, state and federal interests to 

implement stream restoration projects that address nonpoint 

pollution where such pollution might impact Utah's wildlife 

resources.

2. Provide technical assistance and partnerships with other

agencies and organizations through participation on Utah’s 
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Nonpoint Pollution Task Force, and other state cooperative 

water quality monitoring programs.

3. Perform monitoring of biological responses to stream 

restoration actions in coordination with DEQ- Division of 

Water Quality personnel.

VII. THE FEDERAL LAND MANAGEMENT AGENCIES AGREE:

1. The Federal Land Management Agencies will be subject to, 

and comply with, state requirements related to the 

abatement of nonpoint source pollution in the same manner 

and to the same extent as any non-governmental entity.

2. To cooperate with DWQ to develop appropriate implementation 

strategies needed to meet water quality standards and 

support all beneficial uses according to state water 

quality standards pursuant to CWA Section 303, (33 U.S.C. § 

1313) and Utah Admin. Code Rule R. 317-2 (Standards of 

Quality for Waters of the State), for all water bodies on 

Federal Lands, including, but not limited to, Total Maximum 

Daily Load (TMDL) studies and implementation plans. 

3. To implement an adaptive management concept for the control 

of nonpoint source pollution on Federal Lands. 

Implementation, effectiveness and validation monitoring 

will be used to determine the success of nonpoint source 

pollution control measures. As available, monitoring data 

will be used to provide information needed to refine best 

management practices (BMP's),or to protect beneficial uses 

of water and to assess compliance with applicable state 

water quality standards.

4. To conduct an internal review of nonpoint source management 

activities which may significantly impact water quality and 

to prepare annual agency reports for inclusion in the DWQ’s 

State Nonpoint Source Annual Report. 

5. As requested, to provide DWQ available information on site 

specific water quality conditions, BMP monitoring and 

effectiveness determinations and other applicable 

information necessary for inclusion in DWQ’s Integrated 

Report according to Clean Water Act Sections 303 and 

305(b). 

6. As requested, to cooperate with DWQ in setting 

implementation priorities for 303(d) (33 U.S.C. 21 § 
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1313(d)) listed water bodies on Federal Lands. 

7. To prioritize watershed restoration activities to reduce, 

eliminate, or prevent nonpoint source pollution on Federal 

Lands. 

8. To ensure that all new and renewed land use plans, leases, 

contracts, special use authorizations, easements, right-ofway documents and other agreements involving permitted or 

contracted activity on Federal Lands (as applicable), 

contain provisions for compliance with all water pollution 

control statutes and regulations (federal and state) under 

the authority of the Clean Water Act and the Utah Water 

Quality Act. 

9. To include DWQ at the appropriate time during NEPA scoping 

for projects on Federal Lands with potential to impact 

water quality.

10. To notify the State of all known spills of oil or 

hazardous materials on Federal Lands.

VIII. IT IS FURTHER AGREED:

1. The agencies identified in this MOU agree to work together;

however, in cases of conflict an opportunity will be 

provided for informal resolution prior to taking other 

actions provided by law.

2. That nothing in this MOU shall be construed as limiting or 

affecting in any way the legal authority of DWQ, DAF, FFSL, 

DWR or the Federal Land Management Agencies in connection 

with the administration and protection of Federal Lands in 

accordance with federal laws and regulations. 

3. That nothing in this MOU shall be construed as obligating 

the parties to this MOU to expend funds in any contract or 

other obligation for future payment of funds or services in 

any contract in excess of those available or authorized for 

expenditure by each party. 

4. That the parties will review this MOU every five years and 

make revisions and updates, as needed, to meet the purpose 

of the MOU. Amendments shall become effective following 

written approval of all parties. 
17

5. That this MOU shall become effective upon signature of all 

parties and shall continue in force for ten years from the 

date of the last signatory, unless terminated by written 

consent of all the parties, or by any party upon thirty 

days notice in writing to the other parties of the 

intention to terminate upon a date indicated. 

6. The MOU signed July 24, 2009 and July 10, 2009 with BLM and 

FS respectively is terminated and replaced upon approval 

and execution of this MOU.

7. That each provision of this MOU is subject to the 

applicable laws and rules of the State of Utah, and the 

laws and regulations of the United States. 

8. That nothing in this MOU shall be construed as creating a 

right of action between any of the parties, or for any 

other entity. 

9. That any information furnished to the Federal Land 

Management Agencies under this instrument is subject to the 

Freedom of Information Act (5 U.S.C. § 552). 

10. That the parties will handle their own activities and 

utilize their own resources, including the expenditure of 

their own funds, in pursuing these objectives. Each party 

will carry out its separate activities in a coordinated and 

mutually beneficial manner.

11. The principal representatives to this MOU are:
18

Utah Division of Water 

Quality, Project Contact

Utah Division of Water 

Quality, Administrative 

Contact 

Jim Bowcutt Walter Baker, P.E.

Nonpoint Source 

Coordinator

Director, Division of 

Water Quality

P.O. Box 144870 P.O. Box 144870

Salt Lake City, UT 

84114-4870

Salt Lake City, UT 

84114-4870

Phone: (801) 536-4336 Phone: (801) 536-4312

FAX: (801) 536-4301 FAX: (801) 536-4301 

E-Mail: 

jdbowcutt@utah.gov

E-Mail: 

wbaker@utah.gov

Utah Dept. of Agriculture 

and Food, Project Contact

Utah Dept. of Agriculture 

and Food, Administrative 

Contact

Jay Olsen Robert Hougaard

Plan Industry and 

Conservation Division

Plant Industry and 

Conservation Division

P.O. Box 146500 P.O. Box 146500

Salt Lake City, UT 

84114-6500

Salt Lake City, UT 

84114-6500

Phone: (801) 538-7174 Phone: (801) 538-7180

FAX: (801) 538-9436 FAX: (801) 538-9436

E-Mail: 

jayolsen@utah.gov 

Utah Division of Wildlife 

Resources

Craig Walker

Aquatics Section 

Coordinator

1594 W. North Temple

P.O. Box 146301

Salt Lake City, Utah 

84114-6301

Phone: (801) 834-1970

E-mail: 

craigwalker@utah.gov

E-Mail: 

rhougard@utah.gov

Utah Division of Wildlife 

Resources, Administrative 

contact

 Gregory Sheehan

Director, Utah Division 

of wildlife Resources

1954 W. North Temple

P.O. Box 146301

Salt Lake city, Utah

84114-6301

Phone: (801)538-4702

E-mail: 

Gregsheehan@utah.gov
19

Utah Division of 

Forestry, Fire and State 

Lands, Project Contact

Utah Division of 

Forestry, Fire and State 

Lands, Administrative 

Contact

Bill Zanotti

Forest Stewardship

Coordinator

Geoffrey McNaughton

Forestry Programs 

Administrator

Division of Forestry, 

Fire & State Lands

Division of Forestry, Fire 

& State Lands

1594 West North Temple 1594 West North Temple

P.O. Box 145703 P.O. Box 145703

Salt Lake City, UT 

84114-5703

Salt Lake City, UT 

84114-5703

Phone: (435) 260-9809 Phone: (801) 538-5460

FAX: (801) 533-4111 FAX: (801) 533-4111

E-Mail: 

billzanotti@utah.gov

E-Mail: 

geoffmcnaughton@utah.gov
20

R4 Forest Service, 

Project Contact

R4 Forest Service 

Administrative Contact

Mark Muir Nora Rasure

Regional Hydrologist Regional Forester

324 25th Street 324 25th Street

Ogden, UT 84401 Ogden, UT 84401

Phone: (801) 625-5267 Phone: (801) 625-5605

FAX: (801) 625-5756 FAX: (801) 625-5327

E-Mail: mjmuir@fs.fed.us E-Mail: nrasure@fs.fed.us

Bureau of Land 

Management, Project 

Contact

Bureau of Land 

Management, 

Administrative Contact

Jeremy Jarnecke

State Hydrologist

Jenna Whitlock

Acting State Director

Soil, Water, Air Program 

Lead

440 West 200 South, Suite 

500

440 West 200 South, Suite 

500

Salt Lake City, UT 

84101

Salt Lake City, UT 

84101

Phone: (801) 539-4098 Phone: (801) 539-4010

FAX: (801) 539-4074 FAX: (801) 539-4074

E-Mail: 

jjarnecke@blm.gov

E-Mail: jwhitloc@blm.gov

National Park Service, 

Project Contact

National Park Service, 

Administrative Contact

Rebecca Weissinger Douglas Perry

National Park Service National Park Service

Inventory and Monitoring Inventory and Monitoring

Building11 Arches 

National Park

P.O. Box 848

Building 11 Arches 

National Park

Moab, UT 84532 P. O. Box 848

Moab, UT 84532

Phone: (435) 719-2356 Phone: (435) 719-2346

FAX: (435) 719-2391 FAX: (435) 719-2391

E-Mail: 

Rebecca_Weissinger@nps.go

v

E-Mail: 

Douglas_perry@nps.gov 
21

12. This MOU is not intended to, and does not create, any 

right, benefit, or responsibility, substantive or 

procedural, enforceable at law or equity, by a party 

against the State of Utah, the United States, its agencies, 

its officers, or any person.

13. Nothing in this MOU shall obligate the State of Utah, the 

FS, BLM, or NPS to obligate or transfer any funds. 

Specific work projects or activities that involve the 

transfer of funds, services, or property among the various 

agencies and offices of the parties will require execution 

of separate agreements and be contingent upon the 

availability of appropriated funds. Such activities must 

be independently authorized by appropriate statutory 

authority. This MOU does not provide such authority. 

Negotiation, execution, and administration of each such 

agreement must comply with all applicable statutes and 

regulations.

14. Modifications within the scope of the MOU shall be made by 

mutual consent of the parties, by the issuance of a written 

modification, signed and dated by all parties, prior to any 

changes being performed.

 

15. This MOU in no way restricts the DWQ, UDAF, FFSL or the 

Federal Land Management Agencies from participating in 

similar activities with other public or private agencies, 

organizations, and individuals.

16. By signature below, the DWQ, UDAF, FFSL and the Federal 

Land Management Agencies certify that the individuals 

listed in this document, as representatives of their 

respective agencies, are authorized to act in their 

respective areas for matters related to this MOU.

Citations

NPS 2003. Interim Technical Guidance on Assessing Impacts and 

Impairment to Natural Resources. National Park Service-Natural 

Resource Program Center, Fort Collins, CO.

NPS 2006. Management Policies 2006, National Park Service, 

Washington D.C.: U.S. Government Printing Office. 
22

Signatories to this MOU: Date:

STATE OF UTAH

_______________________________________ _______________________

Walter L. Baker,

Director, Division of Water Quality

_______________________________________ _______________________

Gregory Sheehan

Director, Division of Wildlife Resources

_______________________________________ _______________________

LuAnn Adams

Commissioner, Department of Agriculture and Food

_______________________________________ _______________________

Brian L. Cottam

Director, Division of Forestry, Fire and State Lands

BUREAU OF LAND MANAGEMENT

_______________________________________ _______________________

Jenna Whitlock

Utah State Acting Director, Bureau of Land Management

NATIONAL PARK SERVICE

_______________________________________ _______________________

Tammy Whittington

Associate Regional Director, Resource Stewardship and Science, 

Intermountain Region, National Park Service 

FOREST SERVICE

_______________________________________ _______________________

Nora Rasure Regional Forester, Intermountain Region, 

U.S.D.A. Forest Service
23

The authority and format of this MOU has 

been reviewed and approved for 

signature.

_______________________________________ 

Sam Fairbairn Date 

Forest Service Agreements Specialist