WSP08562

• File Number: 8149.700
• Description: Miscellaneous Small Projects and Project Studies - Homestake Project
• State: CO
• Basin: Arkansas
• Water Division: 2
• Date: 5/16/1983
• Author: USDA Forest Service
• Title: Record of Decision for Homestake Phase II Project Final Environmental Impact Statement
• Water Supply Pro - Doc Type: EIS

0029

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Liability for injury, loss, or damage, in excess of the specified
maximum, shall be determined by the laws governing ordinary negli-
gence of the jurisdiction in which the damage or injury occurred.

IS. The Grantee shall indemnify the United States for any and all
injury, loss, or damage the United States may suffer as a result
of claims, demands, losses, or judgments caused by the Grantee's
use or occupancy. Grantor shall not compromi se or settl e any
claims under this paragraph without the prior written consent of
the Grantee.

19. The Grantee shall replace in kind or assume responsibility for
expense of moving and relocation any fences, buildings, or other
structures as mi ght be made necessa ry by thi s grant and shall
build and maintain necessary and suitable crossings for all roads
and trails that intersect the works constructed, maintained, or
operated under this grant. (FEIS Section 2.4.1. page 2-37)

20. Prior to the start of construction the Grantee will present evi-
dence of relinquishment and termination of U.S.D.I. Easement
C-013867 to Grantor.

21. Prior to the start of construction, the Grantee will present
evidence of a State Water Court decree for changes in points of
diversion from the decreed diversion points to the relocated
diversion points, as specified in the letter of September 2,
1982, from Grantees' consulting engineers to Grantor.

22. Prior to the start of construction on Phase II, the following
mitigation will be started on the existing Phase I portion of the
Homestake project. Work necessary to complete the following
Phase I mitigation will continue to be prosecuted after work
starts on Phase II and will be completed by no later than the
time Phase II is completed.

a. A hiking trail will be constructed adjacent to Homestake
Reservoir, to provide access to upper Homestake Lake. (FEIS
Section 4.1.17, page 4-56)

b. A trailhead will be developed at the access point to the
East Fork Homestake Creek trail. This trailhead will pro-
vide joint access to the East Fork trail as well as to the
trail constructed around Homestake Reservoir. (FEIS Section
2.4.1, page 2-37, Section 4.1.17, page 4-56)

c. The portion of the Homestake Road accessing the east side of
the Homestake Reservoi r wi 11 be improved, and resuJ:'faced,
allowing low clearance vehicles to access the reservoir and
the trailhead at East Fork Homestake Creek. The Forest Ser-
vice and the Cities will equally share maintenance responsi-
bilities for this section of road after construction of
Homestake Phase II. (FEIS Section 2.4.1, pages 2-36 and
2-37, Section 4.1.17, page 4-56)

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