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HomeMy WebLinkAbout896953Authorization 1D Contact ID Expiration Date: RECEIVED LINCOLN COUNTY ('~_E~_9a (9/96) 8 9 6 9 ,% 3 0[5 ,!~ 29 .~,H I1 :o~ No. 0596-0082 I~- A I~',l hi 5 U.S. DEPARTMENT OF ACGI~IC~LTURF~ ,, ~ AGRICULTURE IRRIGATION AND LIYESTOCK 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"O-7'~day of ~) c~,~-e,/~-, 2003, by the UNITED STATES OF AMERICA, acting by and through the Forest Service, Department 0fAgriculture, hereinafter called Grantor, to Alto Canal Sprinkler Company~ a Corporation of the State of Wyoming, hereinafter called the Holder. WHEREAS, 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._.Wyomin~. WITNESSETH WHEREAS, upon acceptance of this easement the Holder relinquishes all fight, 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 th e following described lands: Principal Meridian, Sixth, TOWNSHIP 34 NORTH, RANGE 118 WEST Section 27 Said water.conveyance facility consisting of the Alto Canal, is 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. 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. f. 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 tln:eatening persons or property, and the Holder, after notification by the Grantor, refuses to perform the repairs and maintenance required to remove the threat to pei'sons or property, Grantor shall have the right to undertake such repair and maintenanCe and to assess the Holder for the costs of Page ? of 5 :':.':ii,:::: :.:.: . i~:i!:. :,' ::::::::::::::::::::::: '" 149 such repair and maintenance, regardless of whether Grantor had required the Holder to furnish a bond or other security. 8. INDEMNIFICATION. 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 permittees, 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 fights and privileges hereby authorized. B. TERMINATION. This easement may be terminated with consent of Holder, or if Holder fails to exercise the fights and privileges authorized 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 fight 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 fight, title, and interest in and to the subject area shall revert to the United States, or its successors or assigns. 150 ACCEPTANCE: On this ..~c5 day of .~/- ,2003, I, the undersigned Holder have read, understand, and accept the terms.and cor(d~ons of this easement. President The following certificate shall b/~-~xecuted by the Secretary of the Corporation: I, (~~.~ k J~ ') '7/-LJd/-.hJ~ a-- ~ '), certify that Iam-t~e Secretaryofthe Corporation that accepted the ab-ove-~as~ement; that, ,,dY~a¢ ~2?O~tJqwc.~.&.j~vho signed said easement on behalf of said Corporation was then President of sai3-Corporation; that I know his/her signature, and that his/her signature on said easement is genuine; and that said easement was duly signed and attested to for and on behalf of said Corporation by authority of its governing body. Secretary ACKNOWLEDGEMENT STATE OF ~ff~/~"~/q ) COUNTY OF ) ss. . ) .~,d>this "'°~dav of~ ,'~ ~, 2003, before me, .a l~otary Public in and for the State of f-~db~/,,~q:j~ersonally appeared ~le. ]---]-,?,~',M I'1 ~ F and ~.~t~ r I'~ ]d/tg(/" rP-.-~ , known to be the President ~nd Secretaff-y} respectively, for the Corporation that executed the.within instrument, 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. Page 4.,of 5 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 (~3,/ JACK G. TROYER Regional Forester Intermountain Region Forest Service, Department of Agriculture ACKNOWLEDGMENT )ss COUNTY OF ~~ ) On this~[~gVday of (0[~~'']_ , 2003, before me, Lori Blickfeldt, a Notary Public in and for Weber County, personally appeared before me JEANNE A. EVENDEN, Director of Lands, lntermountain 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. My commission expires November 30, 2003 According to the Paperwork Reduct on Act of 1.995, no persons are required to respond to a collection of information unles~ it displays a valid OMB control number. The valid OMB control number for this information collection is 0596:0082. This informaiion is needed by the Forest Service to evaluate requests Io use National Forest System lands and manage those lands to protect natural resources, administer the use, and ensure public health and safety. This information is required lo obtain or retain a benefit. The authority for thai requirement is provided by the Organic Act of 1897 and the Federal Land Policy and Management Act of 1976, which authorize thc Secretary of Agriculture to promulgate talcs 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, 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. Tho Secrelary of Agriculture's regulations at 36 CFR Part 251, Subpart B, establish procedures for issuing those authorizations. Thc Privacy Act of 1974 {5 U.S.C. 552a) and the Frccdom of Information Act {5 U.S.C. 552) govern the confidentiality to be prnvide~l for information received by thc Forest Service. Public reporting burden for this collection of information, if requested, is estimated Io average I hour per response for annual financial information; average I hour per response to prepare or updat~ operation and/or maintenance plan; average I hour per response for inspection reports; logs. facility and nsea' information, sublease information, and otber similar miscellaneous information requests. This includes the time for reviewing instrnctions, searching existing data sources, gathering and maintaining lhe data'needed and completing and reviewing the collection of information. ' 600 feet more or less and easterly 4300 National Forest property boundary, said ' feet from the N1/4 corner of Section 27. ~ o 1coo 2coo 3coo Feet The canal Right-of-Way is 30 feet Wide, ~ ~ SOURCE: USGSThayne7.5 EastMinuteQuadrangle 15 feet each side of centerline, and contains PROJECTION: UTM Zone 12 approximately 1.24 acre.· :, DATUM: NAD 27 M.Loro$ 12-18-2001 EXHIBIT B 153 RECEIVEO AUG I ~ 2003 BRIDGER-TETON NE GREYS RIVER RD OPERATION AND MAINTENANCE PLAN Ditch or Reservoir: Alto Canal Easemen~ Holder: Alto Canal Sprinkler Company The easement incorporates this Operation and Maintenance Plan (0 & M Plan) any attachments thereto; and the Holder agrees to operate and maintain the facilities and use the granted land in accordance with the following stipulations: and 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. D~trict Ranger. 3. The Holder shall: be responsible for prevention and control of soil erosion and gullying on land covered by the easemen~ and the land adjacen~ 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 wit~ the F:}rest uf=xcw_. 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. e. Burning, application of seed mixtures, chemical aPpliqation or other means of vegetation control measures. f. Reconstruct.;on 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 0 & 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 Date l ---'