HomeMy WebLinkAbout896952Authorization ID
Contact ID
Expiration Date:
RECEIVED -
LINCOLN COUNTY CIL~;~l~o-ga(9/96)
8 9 6 9 $ 2 OL~ ,.!~N 2 9 ,'~" OM~ No. 0596-0082
U.S. DEPARTMENT OF
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, Subpart B
THIS EASEMENT issued this ~,q,I
day of/AJoo¢,~ ,. q,f., 2003, by the UNITED STATES OF
AMERICA, acting by and through the Forest Service, Department of Agriculture, hereinafter called
Grantor, to Wanetta Clark~ an Individual of the State of Wyoming, hereinafter called the Holder.
WHEREAS, the Holders have 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.
WITNESSETH
WHEREAS, 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.
NOW THEREFORE, the United States does hereby grant, subject to valid existing rights, an
easement for occupancy with water conveyance system facilities located on the following described
lands:
Principal Meridian, Sixth, TOWNSHIP 35 NORTH, RANGE 118 WEST
Section 7
Said water conveyance facilities consisting of the Clark Ditch and Service Road, are shown on the
maps 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.
Pa~e I of 5
4. TRANSFERABILITY. This easement is fully transferable provided the water conveyance system
facilities are used for agricultural irrigation or livestock watering. Holder shall notify 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. 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. Holder shall notify, consult with, and obtain concurrence of the Grantor for operation and
maintenance of the authorized facilities.
c. 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. Holder will not use fire or herbicides on the authorized fight-of-way except as Permitted in writing
by the Grantor.
e. Holder agrees to operate and maintain the facilities and use the authorized easement in accordance
with the Operation and Maintenance Plans attached as Exhibit B.
fi 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 Paragraph (e) 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
meet the reqUirements of 43 U.S.C. § 1765 or to comply with the requirements of any other applicable
Federal law; or 2.) terms and conditions contained herein are no longer needed to protect National
Forest System land or resources, or to meet the requirements of 43 U.S.C. § 1765 or any other
applicable Federal law.
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. 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, Grantor
shall have the right to undertake such repair and maintenance and to assess the Holder for the costs of
Pa~f5
such repair and maintenance, regardless of Whether Grantor had required the Holder to fumish a bond
or other security.
8. INDEMNIFICATIONi Holder shall indemnify the United States against liability for any and all
injury, loss, or damage, including fire suppression costs, that the United States may suffer as a result of
claims, demands, losses, or judgments caused by the HOlder's use or occupancy under this easement. ~
9. LIABILITY. Holder is liable for and agrees to repair damage to National Forest System lands
caused by Holder's negligence, intentional acts, or of failure to comply with the terms and conditions
of this easement or of any law or regulation applicable to the National Forests.
10. SITE RESTORATION. Holder shall, upon termination of this easement, stabilize the site as
required by the Grantor. If Holder does not stabilize the site, the Holder agrees to pay the costs of
such stabilization if undertaken by the Grantor.
11. SPECIAL PROVISIONS. The foregoing notwithstanding, this easement is granted subject to the
following reservations by Grantor, for itself, its pennittees, contractors, and assigns.
A. NONEXCLUSIVE USE. The Grantor reserves the fight to use or permit others to use the
easement area, provided such use does not unreasonably interfere with the rights and privileges hereby
authorized.
B. TERMINATION. This easement may be terminated with consent 0fHolder, or if Holder fails to
exercise the rights and Privileges authohzed for any continuous period of five (5) years or more. This
easement expires according to its terms if Holder uses the water conveyance system for any purpose
other than agricultural irrigation or livestock watering. Grantor may take action to terminate this
easement under 7 CFR 1.130 - 1.151, for noncompliance with applicable statutes and regulations, or.
the terms and conditions of this easement.
C. FOREST SERVICE REPRESENTATIVE. The District Ranger, Greys River 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.
D. 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 temps 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.
143
ACCEPTANCE: On this ~ day of ! ~ ., 2003, I, the undersigned Holder have read,
understand, and accept the temis and conditions of this easement.
Wanetta Clark
ACKNOWLEDGEMENT
STATEOF 1%] t~/_f) )
) SS.
coumY OF ~, ~.~ ~/~ )
T)~/~regoing instrument was acknowledged before me this ~ day of
~_, .-,q-. ,~ ~/~,4: '--
,2003, by
set ci he day and year first above written.
IN WITNESS WHERREOF, I have hereunto my hand and affixed my offi al seaM
/ lx)~ar~ P-ul~l~-c2o~.the State of Residing at.~
My commission expires ~
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 yea' written above.
UNITED STATES OF AMERICA
Regional Forester
Intermountain Region
Forest Service, Department of Agriculture
ACKNOWLEDGMENT
¼
STATE OF k_/ l'-'t- .)
COUNTY OF~d-~ )ss
)
On this ~)'[<~"
day of ,~,,-~', 2003, before me, Loft Blickfeldt, a Nota~ Public in and for Weber CounW, personally
appeared before me JEANNE A. EVENDEN, Director of Lands, lntennountain Region, For~t Se~ice, U.S. Depa~ent of
A~icultUre, the signer of the within instrument, who acknowledged to ~ne that she executed the foregoing ins~ment acting for and on
behalf of JACK.G. TROYER, Regional Forester, by duly delegated authori~.
I ~ ~e of Utah j
According to the Papenvork 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 contlol nmnhor for this information eolleclion is 0596-0082.
This information is needed by the Forest Service to evaluate requests to use National Forest System lands and manage thos~ lands to protect natural resources, adminisler the
use, and ensure public health and safety. This information is required to obtaiu or retain a benefit. The authority for that requiremeul 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 rules and regulations ['or authorizing and managing
National Forest System lands. These statutes, along with the Term Permit Act, National Foresl 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, Arebeological Resources Protection Act, and Alaska
National Interest Lands Conservation Act, authorize the Secretary of Agriculture to issue authorizations for the use and occupancy of Natlonal 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 I hour per response for annual financial information; average I hour per response
to prepare or update operation and/or maintenance plan: average I hour per response for inspection reports; logs, facility and user infornmtioo, 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.
PaRe ~ of 5
EXHIBIT
A
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AGRICULTURE ~RR~GAT~ON /-'~ ~ '" ...... ':::'~~"' "': ~'
AND STOCK WATERING EASEMENT i i' ",.. ~ ,V,", ~ ~ '>:.-.~::~;.:.:Y':'::,-_~....".:.~-"~,:.;:::;~.&".:>,~!~i:~:; "G-"::
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for
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- · Wanetta Clark }} / .,r ~,, ,,,, ; ,'.ill , \';~.---.~i~-~no"---~---.';--~..-..'.i"~
· Located in
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N
SOURCE: USGS 7.5 Minute Quadrangle
, ,"~. ~ PROJECTION: UTMZone12
DATUM: NAD 27 M.Loros
~ 6-3-2003
EXHIBIT B
OPERATION AND MAINTENANCE PLAN
Ditch or Reservoir: Clark Ditch
Easement Holder: Wanetta Clark
The easement incorporates this Operation and Maintenance Plan (0 & 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 hea%-y 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.
e. Burning, appligation 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 the Holder has any encounters with grizzly bears or wolves or if a wolf den site is
discovered within % mile of the easement, it will be reported immediately to the Forest
Officer.
7. No human, pet, or stock food of any kind, or garbage, including grease, paper, cans,
glass, plastics, fruit peals, cores, chemicals or any other related item or its container
or wrapper of any kind may be stored, left, buried, or burned.
8. 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.
Wanetta Clark
District Ranger
Date
Date