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EASEMERr (Dam, etc.)
<br />19p
<br />E �snti l WATER
<br />BOARD
<br />THIS Ek.sDUM, dated this �K, day of � 1982, fran the
<br />ITED
<br />UN STATES OF AMERICA, acting by and th h e Regional Forester, Forest
<br />Service, U. S. Department of Agriculture, 'fiereiyafter called "Grantor," to
<br />the City of Cheyenne, Wyoming - Board of Public Utilities, hereinafter called
<br />"Grantee."
<br />WHEREAS, the Grantee has requested authorization to Construct the Cheyenne
<br />Stage II Water Diversion Project on National Forest lands within the Medicine
<br />Bow National Forest, State of Wyaning.
<br />WHEREAS, the Grantee constructed Stage I of the Cheyenne Water Diversion
<br />Project cn Medicine Bow National Forest lands under authorization of the Act
<br />of June 4, 1897, as documented in a Special Use Permit issued by Forest
<br />Supervisor W. E. Augsbach on May 15, 1962 and amended November 23, 1964.
<br />WHEREAS, the passage of the Federal Land Policy and Management Act of October
<br />21, 1976 (90 Stat. 2743, et se� q) repealed that part of the Act of June 4,
<br />1897 that applies to the issuance of rights - of-way on National Forest System
<br />lands.
<br />NOW TEEREIURE, Grantor does hereby grant to Grantee, an easement under 36 CFR
<br />251.53 (1.)(1.) for a right- of-way for the construction, operation, and
<br />maintenance of the Cheyenne Water Diversion Project (Stages I and II). The
<br />area authorized by this easement is limited to those improvement areas within
<br />the Medicine Bow National Forest that are depicted on a map entitled "Exhibit B
<br />- Cheyenne Water Project - Location Map," a copy cf which is attached and
<br />hereby made a part of this project.
<br />The improvement areas will occupy 1,900 acres and /or 67.47 miles, more or
<br />less, and will consist of the Little Snake Diversion Pipeline, Hog Park
<br />Tunnel, Bog Park Drop, Hog Park Dam and Reservoir, Rib Roy Dam and Reservoir,
<br />Lake Owen Dan and Reservoir, Rob Roy to Douglas Creek Diversion Dam Pipeline,
<br />Douglas Creek to Lake Owen Pipeline and Interceptors, Lake Creek Diversion
<br />Pipeline, Lake Owen to Crow Creek Pipeline, South Middle Crow Delivery
<br />System, and the necessary access roads. The rights -of -way for pipelines and
<br />roads are limited to 100 feet in width plus such additional width as needed to
<br />acc=nodate cuts and fills. The rights- of-way for reservoirs, dams, and
<br />appurtenant structures, other than pipelines and roads are limited to the area
<br />actually occupied.
<br />This grant is made subject to the following conditions applicable to Grantee,
<br />its permittees and contractors:
<br />1. This grant is issued for a period of 30 years ending December 31, 2011,
<br />but �s ;renewable provided Grantee will aanply with the then - existing rules
<br />and regulations governing the occupancy and use of National Forest land.
<br />Upon cmVletion of construction, however, the Grantee shall furnish
<br />the Forest Service with three sets of "as- constructed" location plats.
<br />This easement will then be revised as deemed necessary by the Regional
<br />Forester to authorize the continued occupancy and maintenance of the
<br />rights- of-way as constructed.
<br />2. The Grantee recognizes and accepts the fact that this easement, insofar
<br />as endangered and threatened wildlife species are affected, is granted
<br />by virtue of a no-- jeopardy biological opinion issued by the U. S. Fish
<br />and Wildlife Service on May 29, 1981. Should the U. S. Fish and Wildlife
<br />Service subsequently issue a " jeopardy" opinion the Grantor will withdraw
<br />this easement: - -
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