HomeMy WebLinkAbout897453Authorization ID
Contact 1D
Expiration.. D.a_.te:
RECEIVED
FS-27[t~-~DI~g) OOUI'~ T y (:LERI(
8 9 "'] It S 3 OMB No,_0596-0082
U.S. DEPART~NT OF AGmCULTU~ J[~[NNE WAGNER
Forest Service ............
AGRICULTU~ IRRIGATION AND LI~STOCK WATERING SYSTEM EASE~NT
Act of October 21, 1976, Act of October 27, 1986
~ub. L. 99-545), 36 CFR 251, Subpart B
TInS EASEMENT issued thisl¢~ay of ~~ , 2003, by the UNITED STATES OF
AMERICA, acting by and through the Forest Service, Department of Agriculture, hereinafter
called Grantor, to M. Ballard Gardner~ an Individual of the State of Utah, hereinafter called the
Holder.
W~REAS, 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.
WlTNESSETH
WHEREAS, upon acceptance of this easement th~ 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 TI-[EREFORE, 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 32 NORTH, RANGE 118 WEST
Section 29'
Said water conveyance facility consisting of the Temple Bench Ditch, 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 f~ilowing 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.
Page 1 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 right-of-way except as pemaitted 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 se6tion, may be revised or modified by the Authorized Officer
upon detemaination that: 1.) modification Or revision of such terrns 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
such repair and maintenance, regardless of whether Grantor had required the Holder to fumish 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 conditiom
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.
l 1. 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 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.
B, TERMINATION. This easement may be terminated with consent of Holder, or if Holder fails to
exercise the rights 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 und er 7 CFR 1.13 0 - 1.151, for noncompliance with apl~licable 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 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.
i.. ,
ACCEPTANCE: On this./! day of Off~'F.//4_r4_F-,F4,2003, I, the undersigned Holder. have read,
understand, and accept the terms and conditions of this easement.
M. Ballard Gardner
STATE OF ~"~ ,~--., )
)ss.
COUNTY OF
_ )
ACKNOWLEDGEMENT
T.h~e foregoing ins~tm, ment was aAknpwl~dged before me tiffs ~ \ day of % '~-J~~, 003, by
T~ ~ v-,-,-,,\ q ¢1 ~ 'a,3.e-,,%~tc- ·
I
IN WITNESS WHERREOF, I have hereunto set my hand and affixed my official seal the day and year fn'st above written.
NOTARY PUBLIC
STATE OF UTAH
My Commission Expires
March 20 20D,I
MERRILYN ~. WEST
331 t:orth Slate
(]rem, Utah 84057
Residing at '
My conunission expires
Page
?5:_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
JACK G. TROYER
Regional Forester
Intermountain Region
Forest Service, Department of Agriculture
ACKNOWLEDGMENT
STATE OF ~/(~/r~ )
)SS
COUNTY OF ~ .)
On tbis 1~'4~day of ~ , 20~, before me, Loft Blickfeldt, a Notary Public in and [or 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 with in 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.
c for
Rdsi~ng in SouthtWeber, UT
My commission expires November 30. 2007
According to the Paperwork Rcductio~ Act of 1995. no persons afc required to respond to a collection ofinformalion unless it displays a valid OMB conlfol number. Thc valid
OMB conU'ol numher for this information collection is 0596-0082.
This information is needed by the Forest Service to evaluate requests m 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 to oblain or retain a benefit. The authority foe 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 io promulgate rules and regulations for authorizing and managing
National Forest System lands. These statutes, along wilh the Term Perufit Act. National Forest Ski Area Permit Act. Granger-Thyc Act, Mineral Leasing Act. Alaska Term
Permit Act, Act of September 3, 1954, Wilderness Act. National Forest Roads and Trails Act, Act of Novemher 16, 1973, Areheological Resources Protection AcK and Alaska
National Interest Lands Conservation Act, authollze the Secreta~ 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 25 I, Subpan 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 blt 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 1 hour per response
to prepare or update operation and/or maintenance plan; average I hour per response for inspection repons; logs, facility and user information, sublease informatiou, and othaf
similar nfiscellaneous information requests. Tiffs includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the da~a needed., and
completing and reviewing the collection of information
EXHIBIT A
Temple Bench Ditch
AGRICULTURE IRRIGATION
AND STOCK WATERING EASEMENT
for
Ballard Gardner
Located in
Section 29, T32N, R1.18W SPM
Lincoln County, Wyoming
Point of
Egress
Point of
Diversion
Legal DeScription:
The Point of Diversion is located northerly
1130 feet more or less and easterly 650
feet more of less from the SW corner of
Section 29; thence, westerly approximately
700 feet along the centerline of said ditch
to the Point of Egress that is located on
National Forest boundary, said point bears
nodherly approximatelY 1350 feet from the
SW corner of Section 29.
The ditch Right-of-Way is 20 feet wide,.
10 feet each side of centerline, and contains
approximately 0.32 acre.
N
0 500 1000 1500 Feet
SOURCE: USGS 7.5 Minute Quadrangle
Aflon
PROJECTION: UTM Zone 12 ,
DATUM: NAD 27
M.Loros
6-3-2003
EXHIBIT B
OPERATION AND MAINTENANCE PLAN
Ditch or Reservoir: Temple Bench Ditch
Easement Holder: Milford B. Gard~%er
The easement incorporates this Operation and Maintenance Plan (O & 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.
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 ~eds, 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 diversi6n structure requires State and possibly Corp of
Engine'ers advance approval.
4. The Holder shall inspect the facility prior to use each year and make
qecessary 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 1.ands.
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 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 mutua! agreement when signed ·and dated by the Holder and the
District Ranger~ " '? ~ ~ --
6r~.B~ Gardner. · ~ . .~ ".i~. '...3. ..... Date