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BOARD00208
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Last modified
8/16/2009 2:47:04 PM
Creation date
10/4/2006 6:33:25 AM
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Template:
Board Meetings
Board Meeting Date
3/16/2004
Description
ISF Section - Federal Ditch Bill Easements and Associated Bypass Flow Requirements
Board Meetings - Doc Type
Memo
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<br />! <br /> <br />" <br /> <br />,-, <br /> <br />.......--.:. <br /> <br />. <br /> <br />S. TENURE. This. easement shall continue for as long as the above <br />describad lands: And wAter" .eonveyance system fAcilitie.s are used, <br />operated, :nd maintained in accordance w1~b the terms and condicions <br />herein described, <br /> <br />6. OPERATION and MAINTENANCE. <br /> <br />a. Holder ag~ees to operate and maintain the facilities and use <br />the authorized easement in accordance with app11cable Federal. <br />State, and local la~s, regulations, and standards. <br /> <br />b. Holder shall notify, consult "with, and obtain concurrence of <br />the Grantor for operation and maintenance of the authorized <br />facilities. <br /> <br />c. Holder agrees to install and maintain an operable headgate ae <br />"each diversion ~trueture. Such headgata shal~ be. capabla 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 <br />environment, property of the United StAtes, or public health and . <br />safety, the Holder may not use materials' on National Forest <br />System lands outside the easement prior'to obtaining written <br />authorization and paying for the materials to be used. Holder's <br />.use of material within the easement is limited to maintenance of <br />the water conveyance system facility. <br /> <br />b. If the water conveyence system fecilities authorized by this <br />Eaaement are allowed to deteriorate to the point of threatening <br />persons or property. and the Holder, after notification by the <br />Grantor. refuses .t,o perfoI'nl the repairs and maintenance required <br />to remove the threat to persons or property, Grantor shal~ have <br />the right co undertake such repair and maintenance and to assess <br />the Holder for the costs of such repair and maintenance, <br />regardless of whether Grantor had required the Holder to furnish <br />a bond or other security. <br /> <br />8. INDEMNIFICATION. Holder shall indemnify the United StateB <br />against liability for any and all injury, 'loss, or damage, including fire <br />suppression cases, that the United Staces may suffer as a result pf <br />claims. demands, losses, or judgemants cau~ed'by the Holdarls use or <br />occupancy under this easem~nt. <br /> <br />'. <br /> <br />",'d <br /> <br />t<=:t" I.?-O OI.G <br /> <br />i~I~iSla M38~8~ 8I~08d <br /> <br />G,,:2t V002 GO Jew <br />
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