|
- -"
<br /> ASSIGNMENT AND AMENDMENT OF RIGHT-OF-WAY
<br /> State of Colorado
<br /> Stages 1 and 2
<br /> Closed Basin Division
<br /> San Luis Valley Project
<br /> THIS AGREEMENT, made this /0+k day of be r e vh ✓ , 1999,
<br /> between the State of Colorado, acting through the Department of Natural Resources and the
<br /> Colorado Water Conservation Board, hereinafter referred to as the State, or the Conservation
<br /> Board, and the United States of America, hereinafter referred to as the United States, acting
<br /> through the Bureau of Reclamation(formerly the Water and Power Resources Service) and such
<br /> officer as is authorized therefor by the Secretary of the Interior.
<br /> WHEREAS, the Reclamation Project Authorization Act of 1972, Public Law 92-514 (86
<br /> Stat. 964), authorized the construction of the Closed Basin Division, San Luis Valley Project,
<br /> Colorado; and
<br /> WHEREAS;section 105 of Public Law 92-514 provides that construction of the project
<br /> could not be started until the State of Colorado agreed that it would, as its participation in the
<br /> project, convey to the United States easements and rights-of-way over lands owned by it that are
<br /> needed for wells, channels, laterals, access roads,power lines,borrow areas, and wildlife refuge
<br /> areas, as identified in the project plan; and
<br /> WHEREAS, the State of Colorado has agreed that as its participation in the project it will
<br /> convey to the United States easements and rights-of-way over lands owned by the State which
<br /> are needed for wells, channels, laterals, access roads,power lines, borrow areas, and wildlife
<br /> refuge areas, as identified in the project plan; and
<br /> WHEREAS, the State(acting through the Colorado State Board of Land Commissioners)
<br /> and the United States entered into an agreement dated September 4, 1979, as amended June 2,
<br /> 1980, for the conveyance of easements and rights-of way necessary for Stages 1-2 of the project,
<br /> which was superseded by an agreement dated November 19, 1984; and
<br /> WHEREAS,the Colorado State Board of Land Commissioners ("State Land Board")
<br /> entered into a contract with the United States dated February 20, 1981 (document No. 0-07-50
<br /> L0123), granting to the United States and its assigns the rights,privilege, and perpetual easement
<br /> to construct, operate and maintain production well sites on, over, and across lands situated in
<br /> Alamosa County, described in the Schedule A attached to that document; and
<br /> WHEREAS, the said contract dated February 20, 1981,has been made obsolete by the
<br /> subsequent agreement made November 19, 1984, and by a number of the said production well
<br /> sites having to be abandoned or relocated due to site conditions; and
<br /> WHEREAS,the parties agree that it is necessary for the State of Colorado to continue to
<br /> provide suitable current easements as its participation in the Closed Basin project; and
<br /> WHEREAS,the Conservation Board has made application to the State Land Board and
<br /> has been granted Right-of-Way No. 2612, Book 26, over, upon, under and across the surface of
<br /> Page 1 of 4
<br />
|