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~ RCPT## 841681 10/30/02 0932AM 11PG <br />LINDA DALEY LAPLATA CNTY CO EA8 <br />ASSIGNMENT OF EASEMENT <br />THIS ASSIGNMENT is made this day of aMT4. 2002, between the State <br />of Colorado, for the use and benefit of the Department of Natural Resources, Colorado Water <br />Conservation Board (the "State" or the "CWCB "), the United States of America, acting through <br />the Bureau of Reclamation and such officer as is authorized therefor by the Secretary of the <br />Interior ( "USBR'), and the Animas -La Plata Water Conservancy District ( "District "). <br />FACTUAL RECITALS <br />A. The Animas -La Plata Project will be constructed by USBR in accordance with the Consent <br />Decree (Dec. 19, 1991) in Case No. W- 1603.760, District Court, Water Division 7, which <br />recognizes water rights for the benefit of the Southern Ute Indian Tribe and the Ute Mountain <br />Ute Tribes ("Two Ute Tribes ") to permit the final settlement of the reserved water rights <br />claims of the Two Ute Tribes under the authority of the Colorado Ute Settlement Act <br />Amendments of 2000, Pub. L. No. 106 -554, 114 Stat. 2763 (2001). <br />B. The USBR's authority to enter into this Assignment is pursuant to the Act of June 17, 1902 <br />(32 Stat. 388) and acts amendatory thereof or supplementary thereto (32 Stat. 288, 43 U.S.C. <br />371 et sea. (1982)); the Act of April 11, 1956 (70 Stat. 104, 43 U.S.C. 620 et sec .. (1982)) <br />and acts amendatory there or supplementary thereto; Title V of the Act of September 8, 1968 <br />(82 Stat. 896); and the Colorado -Ute Indian Water Rights Settlement Act of 1988 (102 Stat. <br />2973). <br />C. In 1990, the Colorado Department of Public Health and the Environment ( "CDPW') <br />obtained title to a 46.27acre (more or less) parcel of land ( "the Property") through <br />condemnation. The Property is part of a past uranium mill site that was cleaned up by the <br />U-S. Department of Energy ( "DOE ") under the Uranium NO Tailings Radiation Control Act <br />of 1978, 42 U.S.C. §7901 et §M. ( "UNITRCA "). The DOE has imposed a Restricted Use <br />Plan on the Property that must be a condition of any conveyance of the Property or of a right <br />to use of the Property. <br />D. On June 25, 1998, the CDPHE conveyed the Property to the CWCB via a Quit Claim Deed <br />that included the Restricted Use Plan, recorded with the La Plata County Clerk and Recorder <br />at Reception No. 753190 on September 9, 1998. <br />E. On August 21, 1998, the CWCB conveyed the Property to the District via a Quit Claim Deed <br />that included the Restricted Use Plan, recorded with the La Plata County Clerk and Recorder. <br />at Reception No. 753191 on September 9, 1998 ( "Deed "), which Deed is attached hereto as <br />Exhibit A and incorporated herein. <br />F. In the Deed, the CWCB reserved to itself and its assigns a perpetual easement over that <br />portion of the Property reasonably necessary for the construction, operation, maintenance and <br />replacement of the Durango Pumping Plant, a component of the Animas -La Plata 7 roject <br />"). <br />("Easement <br />N <br />Page 1 of 5 <br />�� <br />