HomeMy WebLinkAbout909319Authorization D:
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RECEIVED 6/17/2005 at 4:10 PM
RECEIVING # 909319
BOOK: 588 PAGE: 534
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
-00534
?S-2700-9a (08/04)
OMB No. 0596-0082
U.S. DEPARTMENT OF AGRICULTURE
Forest Service
AGRICULTURE IRRIGATION AND LIVESTOCK WATERING SYSTEM EASEMENT
Act of October 21, 1976, Act of October 27, 1986
(Pub. L. 99-545), 36 CFR 251, Part B
. /q0,6{,. ha .... ~ b tl;e UNITED STATES OF
THIS EASEMENT issued mist9 day of l ~kgkl~ ,200J y
AMERICA, acting by and through the Forest Servicej, JDepartment of Agriculture, hereinafter called the
grantor, to Diamond H. Ranch~ Inc,., a corporation in the State of Wyoming, hereinafter called the
Holder.
The Holder has applied for an easement under Section 501 of the Federal Land Policy and Management
Act of October 21, 1976, as amended by P. L. 99-545 (90 Stat. 2743; 43 U.S.C. 1761), for agricultural
irrigation or livestock watering system facilities located on lands owned by the United States on the
Bridger-Teton National Forest, in the County of Lincoln, State of Wyoming. The description of the
authorized facilities is as follows:
Project Name: Krall A Ditch
Location (legal description): Township 25 North, Range 116 West, Sections 12,
Sixth Principle Meridian
Description of Improvements: Irrigation Ditch, Pond, and Dike
Upon acceptance of this easement the Holder relinquishes all right, title, and interest in and to any
easement issued for the same lands by the United States by any previous grant or permit.
The United States does hereby grant, subject to valid existing rights, an easement for occupancy with
water conveyance system facilities of lands shown on the map contained in Exhibit A, attached
hereto and incorporated herein, as provided by the Holder and hereby accepted by the Authorized
Officer.
This easement is issued subject to the following terms, provisions, and conditions applicable to the
Holder, its permittees, contractors, assignees, and successors in interest.
1. Authorized Use. This easement authorizes only the right-of-way and water conveyance system
facilities as constructed and operated on October 21, 1976, as specified herein.
2. Extensions or Enlargements. This easement does not authorize extensions or enlargements of the
water conveyance system.
3. Fees. This easement is issued free of charge.
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4. Transferability. This easement is fully transferable provided the water conveyance system facilities
are used for agricultural irrigation or livestock watering. The Holder shall notify the grantor within sixty
(60) days of any address change or change in ownership.
5. Tenure. This easement shall continue for as long as the above described lands and water conveyance
system facilities are used, operated, and maintained in accordance with the terms and conditions herein
described.
6. Operation and Maintenance.
a. The Holder agrees to operate and maintain the facilities and use the authorized easement in
accordance with applicable Federal, State, and local laws, regulations, and standards.
b. The Holder shall notify, consult with, and obtain concurrence of the grantor for operation and
maintenance of the authorized facilities.
c. The Holder agrees to install and maintain an operable headgate at each diversion structure. Such
headgate shall be capable of controlling the amount of water entering the system.
d. The Holder will not use fire or herbicides on the authorized right-of-way except as permitted in
writing by the grantor.
e. Pursuant to the requirements of 36 CFR 251.56(b)(1)(v), the terms and conditions for operation
and maintenance set forth in this section, and any operations and maintenance plan incorporated in
this easement pursuant to paragraph (f) of this section, may be revised or modified by the authorized
officer upon determination that:
1. Modification or revision of such terms and conditions is necessary to comply with the
requirements of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq) or applicable State
or Federal law.
2. Terms and conditions contained herein are no longer needed to comply with the requirements
of applicable State or Federal law.
f. The Holder agrees to operate and maintain the facilities and use the authorized easement in
accordance with the attached operation and maintenance plan contained in Exhibit B.
7. Emergency Repairs.
a. Except for emergency repairs required to protect the environment, property of the United States,
or public health and safety, the Holder may not use materials on National Forest System lands
outside the easement prior to obtaining written authorization and paying for the materials to be used.
The Holder's use of material within the easement is limited to maintenance of the water conveyance
system facility.
b. If the water conveyance system facilities authorized by this easement are allowed to deteriorate to
the point of threatening persons or property, and the Holder, after notification by the grantor, refuses
to perform the repairs and maintenance required to remove the threat to persons or property, the
grantor shall have the right to undertake such repair and maintenance and to assess the Holder for the
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c¢~t~J~)S~t~?e~air and maintenance, regardless of whether the grantor had required the Holder to
furnish a bond or other security.
8. Indemnification.
a. The Holder assumes all risk of loss to the authorized improvements.
b. The Holder shall indemnify, defend, and hold the United States harmless for any violations
incurred under any such laws and regulations or for judgments, claims, or demands assessed
against the United States in connection with the Holder's use or occupancy of the property. The
Holder's indemnification of the United States shall include any loss by personal injury, loss of
life or damage to property in connection with the occupancy or use of the property.
Indemnification shall include, but is not limited to, the value of resources damaged or destroyed;
the costs of restoration, cleanup, or other mitigation; fire suppression or other types of abatement
costs; third party claims and judgments; and all administrative, interest, and other legal costs.
This paragraph shall survive the termination or revocation of this authorization, regardless of
cause.
9. Liability. The Holder shall be liable for all injury, loss, or damage, including fire suppression, or
other costs in connection with rehabilitation or restoration of natural resources associated with the use
and occupancy authorized by this easement. Compensation shall include but not be limited to the value
of resources damaged or destroyed, the costs of restoration, cleanup, or other mitigation, fire suppression
or other types of abatement costs, and al! administrative, legal (including attorney's fees), and other costs
in connection therewith.
10. Site Restoration. The Holder shall, upon termination or revocation of this easement, stabilize the
site as required by the grantor. If the Holder does not stabilize the site, the Holder agrees to pay the
costs of such stabilization if undertaken by the grantor.
The foregoing notwithstanding, this easement is granted subject to the following reservations by
the grantor, for itself, its permittees, contractors, and assigns.
11. Nonexclusive Use. The grantor reserves the right to use or permit others to use the easement area,
provided such use does not unreasonably interfere with the rights and privileges hereby authorized.
12. Revocation and Termination. The grantor may take action to revoke this easement pursuant to 7
CFR 1.130 through 1.151 for noncompliance with applicable statutes or regulations or the terms and
conditions of this easement. This easement also may be revoked with the consent of the Holder, or if the
Holder fails to exercise the rights and privileges authorized for any continuous period of five (5) years or
more. This easement also terminates according to its terms if the Holder uses the water conveyance
system for any purpose other than agricultural irrigation or livestock watering.
13. Special Provisions.
A. Forest Service Representative. The District Ranger, Kemmerer Ranger District, is responsible for
administering this easement. The Holder should contact the District Ranger regarding any questions
concerning the occupancy and use authorized and the provisions of this authorization.
,, 005
B. Water Rights/Adjudication. Should, subsequent to the issuance of this easement, an adjudication of
the water right or water system authorized by this easement establish the fact that the Holders did not
have a valid water right for the use of the water or a water system which meets the requirements of this
act, then coincidental with the date of the decree, this easement shall expire on its own terms based upon
the failure of the permit Holder to meet the requirements of this Act. Upon expiration, all right, title,
and interest in and to the subject area shall revert to the United States, or its successors or assigns.
ACCEPTANCE On this dte day of /~?/,'/ ,2005, I, the undersigned Holder have
read, understand, and accept the terms and conditions of this easement.
yles M. Mdginnis
President, Diamond H. Ranch, Inc.
ACKNOWLEDGEMENT
STATE OF /~,',q~,'//! )
) ss.
COUNTY OF ~/C/ j/O,; , / ,, ~ )
On this ~day of ,&/,,Or-, './, 2005, before me, a Notary Public in and for the State of [,LJg~,,r/,~r,/..~, personally appeared
Myles M. McGinnis, known President of Diamond H. Ranch, Inc., that executed the withid instrui~ent, and acknowledged to
me that such corporation executed the same.
IN WITNESS WHERREOF, I have hereunto set my hand and affixed my official seal the day and year first above written.
Notar/y~Ublic for the State
My commission expires
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IN WITNESS WHEREOF, the Secretary of Agriculture by the Regional Forester, Forest Service, has
executed this Easement pursuant to delegations of authority specified in 7 CFR 2.60 and 36 CFR
251.52 on the day and year written above.
UNITED STATES OF AMERICA
J}UtSK G. TROYER
Regional Forester
Intermountain Region
Forest Service, Department of Agriculture
ACKNOWLEDGMENT
STATE OF UTAH )
)ss
COUNTY OF WEBER )
· (7~ day of [~ ,2005, before me, Lori Blickfeldt, a Notary Public in and for Weber County. personally
On
appeared before me JEANNE A. EWENDEN, Director of Lands, Intermountain Region, Forest Service, U.S. Department of
Agriculture, the signer of the within instrument, who acknowledged to me that she executed the foregoing instrument acting for and on
behalf of JACK G. TROYER, Regional Forester, by duly delegated authority.
[~ NOTARY PUBLIO '"l
: %'%,~'~/J' oo~., ~ ~.4o~
I '~.-~ 14yOmr~E,q~eaNov 30.8~071
Noti~ilP~.blic for~:he State of ~
~eySlc~Jmil'nss~aonYtyxn'p~ November 30, 2007
According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for
this information collection is 0596-0082.
This information is needed by the Forest Service to evaluate requests to use National Forest System lands and manage those lands to protect natural resources, administer the use, and ensure public
health and safety. This informarion is required m obtain or retain a benefit. The authority for that requirement is provided by the Organic Act of 1897 and the Federal Land Policy and Management Act
of 1976, which authorize the Secretary of Agriculture to promulgate Pdles and regulations for authorizing and managing National Forest System lands. These statutes, along with the Term Permit Act,
National Forest S'ki Area Permit Act, Granger-Thye Act, Mineral Leasing Act, Alaska Term Permit Act, Act of September 3, 1954, Wilderness Act, National Forest Roads and Trails Act, Act of
November 16, 1973, Archeological Resources Protection Act, and Alaska National Interest Lands Conservation Act, authorize the Secretary of Agriculture to issue authorizations for the use and
occupancy of National Forest System lands. The Secretary of Agriculture's regulations at 36 CFR Part 251, Subpart B, establish procedures for issuing those authorizations.
The Privacy Act of 1974 (5 U.S.C. 552a) and the Freedom of Information Act (5 U.S.C. 552) govern the confidentiality to be provided for information received by the Forest Service.
Public reporting burden for this collection of information, if requested, is estimated to average 1 hour per response for annual financial information; average 1 hour per response to prepaxe or update
operation and/or maintenance plan; average 1 hour per response for inspection repons; logs, facility and user information, sublease infommtion, and other similar miscellaneous information requests.
This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
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Page 1 of 2
Krall A Ditch, Dike & Pond
AGRICULTURE IRRIGATION
AND STOCK WATERING EASEMENT
for PRIVATE
Diamond H Ranch
Located in
Section 12, T25N, R116W, SPM
Lincoln County, Wyoming :~;'
~? ~:~.:.~. Krall A Ditch
~,/~'~ ~ Point Of Egress
~ond On ~ational Forost N SOURCE: USGS
7.5
Minute
Ouadran¢o
Fontenelle Basin
~ PROJECTION: UTM Zone 12
0 250 500 Feet DATUM: NAD 27
~ ~ ~ M.Loros
10-20-2004
0
EXHIBIT A
Page 2 of 2
AGRICULTURE IRRIGATION AND STOCK WATERING EASEMENT
for
Diamond H Ranch
Krall A Ditch, Dike & Pond
T25N, R116W, SPM
Legal Description:
Ditch:
The Point of Ingress is located on National Forest property line and bears westerly
590 feet more or less from the CN 1/16 corner of Section 12, Township 25 North,
Range 116 West; thence, southeasterly approximately 790 feet along the centerline
of said ditch to the Point of Egress, said point is located on National Forest property
line and bears southerly 410 feet more or less from the CN 1/6 corner of Section 12.
The ditch Right-of-Way is 20 feet wide, 10 feet each side of centerline, and contains
approximately 0.36 acre.
Dike:
The northwest end of the Dike is southerly 80 feet more or less and westerly 20 feet
more or less from the CN 1/16 corner of Section 12; thence approximately 62 feet
along the centerline of said dike to the Point of Egress, said point is located on
National Forest property line and bears southerly 20 feet more or less from the CN
1/16 corner of Section 12. The dike Right-of-way is 30 feet wide, 15 feet each side of
centerline and contains approximately 0.05 acre.
Pond:
The pond Right-of-Way has a perimeter of 420 feet more or less and contains
approximately 0.17 acre.
EXHIB IT B
OPERATION AND MAINTENANCE PLAN
Ditch or Reservoir: Krall A Ditch, Dike and Pond
Easement Holder: Diamond H Ranch, Inc.
The easement incorporates this Operation and Maintenance Plan (O & M Plan) and
any attachments thereto; and the Holder agrees to operate and maintain the
facilities and use the granted land in accordance with the following
stipulations:
1. Regulate channel flows so that a freeboard is maintained above the
water line.
2. Use only maintenance routes agreed to and to repair all damage resulting from
said use.
3. The Holder shall: be responsible for prevention and control of soil
erosion and gullying on land covered by the easement and the land adjacent
thereto, resulting from operations and maintenance of granted use;
maintain ditch or canal to prevent downcutting and bank failure; remove all
obstructions from the ditch or canal or diversion structure; revegetate or
otherwise stabilize all ground where the soil has been exposed; be responsible
for control of and spread of noxious weeds, as indentified by the US Forest
Service and the local County weed list. Work in natural channels other than minor
or emergency work immediately at the diversion structure requires State and
possibly Corp of Engineers advance approval.
4. The Holder shall inspect the facility prior: to use each year and make
necessary repairs. Work that is considered other than routine maintenance
and/or minor repairs shall be discussed in advance with the Forest
officer. All repairs shall be acceptable to and completed by the date
agreed to by the Holder and the Forest officer.
5. The Holder will contact the Forest officer for approval before
proceeding with work that is other than routine operations. Some of these
situations are:
a. Bringing in and using heavy equipment.
b. Using other than approved maintenance routes for access.
c. Motorized use in a closed area in an emergency situation.
d. Removal of significant amounts of vegetation and silt and
deposition of the same, if on National Forest System lands.
'90542
e. Burning, application of seed mixtures, chemical application or other
means of vegetation control measures.
f. Reconstruction or re-routing of a portion of the ditch (the latter
would also entail a new easement or special use permit).
6. If any items of archaeological, paleontological, or historic value, including but not limited to historic
or prehistoric artifacts, structures, monuments, human remains and funerary objects (grave goods), are
discovered, the Holder shall immediately cease all activities which may disturb such items and notify the
Forest Service. The Holder will notify the Forest Service and shall not resume activities until written
approval is given by the authorized officer. Failure to comply with this stipulation may result in civil or
criminal penalties under the Archaeological Resources Protection Act of 1979.
7. This O & M Plan will be revieWed annually by the Holder and may be
amended by mutual agreement when signed and dated by the Holder and the
District Ranger.
M~; M. McGinnis
District Ranger
Date