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<br />." <br /> <br />March 9,2004 <br />Page 60f6 <br /> <br />. <br /> <br />apply to Ditch Bill easements since, as observed by Mr, MacCleery, "[t]he end use of water off <br />the Federal lands, as it may change over time, casts no greater burden on the Federal property to <br />carry the water to its place of use," <br /> <br />1], Transferability. The USFS's Proposed Easement states that "[t]his easement is <br />fully transferable provided the water conveyance system facilities are used for agricultural <br />irrigation or livestock watering," Proposed Easement at & 4, In accordance with the language of <br />the Ditch Bill, this section should also state that the easement "shall be fully transferable with all <br />existing conditions and without the imposition of fees or new conditions or stipulations at the <br />time oftransfer." 43 U,S,C, ' l76l(c) (2)(B), <br /> <br />13, Termination of Easement For Failure to Comply With Terms and Conditions, <br />The Proposed Easement states that "Grantor may take action to terminate this easement under 7 <br />CFR 1.130-1.151, for noncompliance with applicable statutes and regulations, or the terms and <br />conditions of this easement." In accordance with Section 506 of FLPMA, the Proposed <br />Easement should contemplate suspension or termination, rather than only termination, upon non- <br />compliance with the Easement terms and conditions, <br /> <br />. <br /> <br />JCS:sps <br /> <br />H:\sps\SWWB\Ditch Bill\CWCD memo.doell/Bf03 <br /> <br />. <br />