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LPPD000350
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Last modified
7/15/2025 12:26:15 PM
Creation date
3/26/2007 10:29:31 PM
Metadata
Fields
Template:
Loan Projects
Contract/PO #
C153682
Contractor Name
Caryl R. Carroll
Contract Type
Loan
Water District
43
County
Rio Blanco
Bill Number
HB 93-1273
Loan Projects - Doc Type
Contract Documents
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<br />CARYL R. CARROL <br />Martin Creek Ditch. D.D. & E. Reservoir <br /> <br />-- <br /> <br />- <br /> <br />Paqe 2 <br /> <br />1. AUTHORIZED USE. This easement authorizes only the right-of-way <br />and water conveyance system facilities as constructed and operated on <br />October 21, 1976, as specified herein. <br /> <br />2. EXTENSIONS or ENLARGEMENTS. This easement does not authorize <br />extensions or enlargements of the water conveyance system. <br /> <br />3. FEES. This easement is issued free of charge. <br /> <br />4. TRANSFERABILITY. This easement is fully transferable provided <br />the water conveyance system facilities are used for agricultural <br />irrigation or live~tock watering. Holder shall notify Grantor within <br />sixty (60) days of any address change or change in ownership. <br />I <br /> <br />S. TENURE. This easement shall continue for as long as the above <br />described lands and water conveyance system facilities are used, <br />operated, and maintained in accordance with the terms and conditions <br />herein described. <br /> <br />6 . OPERATION and MAINTENANCE. <br /> <br />a. Holder agrees to operate and maintain the facilities and use the <br />authorized easement in accordance with applicable Federal, State, and <br />local laws, regulations, and standards. <br /> <br />b. Holder shall notify, consult with, and obtain concurrence of the <br />Grantor for operation and maintenance of the authorized facilities. <br />, <br /> <br />c~ Holder agrees to install and maintain an operable headgate at <br />each diversion structure. Such headgate shall be capable of <br />controlling the amount of water entering the system. <br /> <br />d. Holder will not use fire or herbicides on the authorized <br />right-of-way except as permitted in writing by the Grantor. <br /> <br />7. EMERGENCY REPAIRS. <br /> <br />a. Except for emergency repairs required to protect the environment, <br />property of the United States, or public health and safety, the <br />Holder may not use materials on National Forest System lands outside <br />the easement prior to obtaining written authorization and paying for <br />the materials to be used. Holder's use of material within the <br />easement is limited to maintenance of the water conveyance system <br />facility. <br /> <br />b. If the water conveyance system facilities authorized by this <br />Easement are allowed to deteriorate to the point of threatening <br />persons or property, and the Holder, after notification by the <br />Grantor, refuses to perform the repairs and maintenance required to <br />remove the threat to persons or property, Grantor shall have the <br />right to undertake such repair and maintenance and to assess the <br />Holder for the costs of such repair and maintenance, regardless of <br />whether Grantor had required the Holder to furnish a bond or other <br />security. <br />
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