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HomeMy WebLinkAbout909322Authorization D: Contact D: Use Code: RECEIVED 6/17/2005 at 4:15 PM RECEIVING # 909322 BOOK: 588 PAGE: 559 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERE R, VVY '0055,3 FS-2700-ga (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 AMERICA, acting by and through the Forest Service, Department of Agriculture, hereinafter called the grantor, to Robert Krall Company, a limited partnership 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: Hankin Brothers Ditch Location (legal description): Township 25 North, Range 116 West, Sections 13 and 23 Sixth Principle Meridian Description of Improvements: Diversion, Irrigation Ditch, and Service Road 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. 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 c~)nditions 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 2 costs of such repair 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 inden-mification of the United States shall include any loss by personal injury, lc~ss 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 all administrative, legal (including attorney's fees), and other costs in connection therewith. 10. Site Restoration. The Holder shall, upon termination or revocaiion 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. i30 through i. 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. 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 ff,.~/-~ .day of ,.,,~;~/-, / /' ,2005, I, the undersigned Holder have read, understand, and accept the terms and conditions of this easement. ~' Robert H. ~,2ra~ ! ~ STATE OF Wyoming ) Lincoln )ss. COUNTY OF J ACKNOWLEDGEMENT On this .]-2_day of Apri I ,2005, before me, a Notary Public in and for the State of Wyoming , personally appeared Robert H. Krall, known general partner of Robert Krall Company, that executed the within instrument, and acknowledged to me that such limited partnership executed the same. IN WITNESS WHERREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. N~i'a~ Public for the State of -Wyoming Resic~ing at Kemmerer ~ My commission expires /-22-07 ACCEPTANCE On this/,.7-/-t4 day of ,,4zv/-',,'/, ,2005, I, the undersigned Holder have read, understand, and accept the terms and conditions of this easement. // Jewell L. Krall ACKNOWLEDGEMENT STATE OF Wyoming ) COUNTY OF Lincoln ) )ss. On this J_2day of April ,2005, before me, a Notary Public in and for the State of Wyoming personally appeared Jewell L. Krall known general partner of Robert Krall Company, that executed the within instrument, and acknowledged to me that such limited partnership executed the same. IN WITNESS WHERREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Nora0 Pu~li~ for the State of Wyoming ResidYng at Kemmerer _ . My commission expires /-22-0 / 4 © 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 JACK G. TROYER Regional Forester Intermountain Region Forest Service, Department of Agriculture ACKNOWLEDGMENT STATE OF UTAH ) )ss COUNTY OF.WEBER (~~I On this t uny of. 2005, before me, Lori Blickfeldt, a Nora_ny Public in and for Weber County, personally appeared before me JEANNEIA. EVENDEN, Director of Lands, Intermountain Region, Forest Service, U.S. Department of Agriculture, the signer of the within instrument, who acknowledged to me thai she executed the foregoing instrument acting for and on behalf of JACK G. TROYER, Regional Forester, by duly delegated authorit} ex )ires 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 inforrnafion is required to obtain or retain a benefit. The authority for that requirement is provided by the Organic Act of 1897 and the Federal Land Policy nod Management Act of 1976, which authorize the Secretary of Agriculture to pronatlgate rules and regulations for authorizing and managing National Forest System lands. These statutes, along with the Term Permit Act, National Forest Ski 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, aud Alaska National Interest Lands Conservation Act, authorize the Secretary of A=q-iculiure to issue authorizations for the use and occupancy of National Forest System lands. 'Ihe Secretm-/of Agricultnrc'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 he 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 I hour per response to prepare or update operation and/or maintenance plan; average 1 hour per response for inspection reports; logs, facility and user information, sublease information, 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. 5 EXHIBIT A Page 2 of 2 AGRICULTURE IRRIGATION AND STOCK WATERING EASEMENT for Robert H. Krall Company, L.P. Hankin Brothers Ditch, Diversion & Service Road T25N, R116W, SPM Legal Description: Hankin Brothers Ditch: The Point of Diversion:is southerly 520 feet more or less and westerly 790 feet more or less from the NE corner of Section 23, Township 25 North, Range 116 West; thence, easterly approximately 930 feet along the centerline of said ditch to the Point of Egress, said point in located on National Forest property line, and bears southerly 350 feet more or less from the NE corner of Section 23. The ditch Right-of-Way is 30 feet wide, 10 feet on the north side & 20 feet on the south side of centerline, and contains approximately 0.64 acre. Service Road Segment 1: The Point of Ingress is located on National Forest property line and bears easterly 1320 feet more or less from the NE corner of Section 23; thence, westerly approximately 870 feet along the centerline of said service road to the Point of Egress, said point is on National Forest property line, and bears easterly 540 feet more or less from the NE corner of Section 23. Service Road Segment 2: The Point of Ingress is located on National Forest property line and bears easterly 30 feet more or less from the NE corner of Section 23; thence, southwesterly approximately 800 feet along the centerline of said service road to the Point of Ending, said point bears southerly 520 feet more or less and westerly 430 feet more or less from the NE corner of Section 23. The service road Right-of-Way is 15 feet wide, 7.5 feet each side of centerline, and contains approximately 0.57 acre. Hankin Brothers Ditch, Diversion . ,~ ~, 3, ,? ~ , & Service Road .; :: ~ ;: ; : ..;, ; AGRICULTURE IRRIGATION :¢ ¢ ': ' ? AND STOCK WATERING EASEMENT .,,.,,, ~,~. ,,, ,.:. : .: ¢ Located in :: [ '.,~ Service Road Segment 1 Sections 13 & 23, T25N, R116W, SPM Point Of Egress Lincoln County, Wyoming .... ' ....... ,,, ¢ ~ ~ ~ ~, ,,~: ,~ ..~ ~,. ~? -. ;-~ ~,~ ~; Service Road Segment 1 :?/...:' :'I Service Road Segment 2 ' ....... ~\ .,..; ¢.:,,,,,*'~ ~ Hank~n Brothers D~tch ;:,: ,?:, ........... Hankin Brothers D tch ~~ .... r}~'~' r':' ,? ' ' ......... Point Of Diversion :.:::,~ ¢ " ,r~?' ~: ,~ ¢~ '~, ~ :,,/:;' N  SOURCE: USGS 7.5 Minute Quadrangle 500 1000 1500 Feet ~ Fontenelle Basin ,~ PROJECTION: UTM Zone 12 DATUM: NAD 27 M.Loros S 10-2O-2004 EXHIB IT B OPERATION AND MAINTENANCE PLAN Ditch or Reservoir: Hankin Brothers Diversion, Ditch, and Service Road Easement Holder: Robert H. Krall Company 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; m~Jnta.in 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. e. 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. e. Burning, application of seed mixtures, chemical application or other means of vegetation control measures. 0056 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. Date Date