BOARD00208

• 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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1. AUTHORIZ!~D USE.

This ea.sem"nt authorizes only the right-af.way and water conveyance system facilities as constructed
and operated On October 21,1976, as s~ecilied herein.

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2. EXTENSIO~IS or ENLARGEMENTS.

This easemnnt does not authorize e:>;tensions or enlargemenls of the waler conveyance system.

3. FEES.

This easement is issued free of charge,

4. TBANSFEHASILlTY.

This easement is fully transferable provided the waler conveyance system facililies a.re used for
agricultural irrigation or livestock watering. Holder shall notify Grantor within slldy (60) days of any
address change or change in ownership.

5. TENURE.

This easement shall continue for as long as the alxlve described \a.nds and water conveyance system
facilities al'" used, operated. and maintained in accordance with the terms and conditions herein
describe<::' Provided tha!the Grantor shall review the terms and conditions of this easement at the end of
each 30 year period from the date of issuance, and may incorporate in the easement such new terms,
condition, and stipulations as existing or prospective condttions may warrant. These shall have the same
force and effect in the future as if incorporated in this grant

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.6. OPERATION and MAINTENANCE.

a. Hotde:' egre'es to operate and maintain the fa~ilaies and use the authorized easement in a=rdance .
with Enplicable Federal. State. Bnd Iccallaws, regulations, and standards.
vEl'. Holder shall nolify, consult wilh, and obtain concurrence of the Grantor for operation and maintenance
of thEl authorized facilities,
Vc. Hold" r agrees to install and maintain an operable headgate at each diversion structure. Such
head!late shall be capa.ble of co~lrolling the amount of water entering the system.
d. Hold!,r will not use fire or herbicides on the authorized righl-<lf-way except as permitted in writing by
the C; rant or.

7. EMERC/ENCY REPAIRS.

a. Except for emergency repairs required 10 protect the environment, property of the United States, or
pUll lie heanh and safety, tha Holder may not use materials on National Fores! System lands outside
the easement prior to obtaining written authorization and paying for the materials to be used.
Hc-1der's use of material within the easement is limite<llo maintenance of the waler conveyance
sy:tem facility.

b. If ':l1e water conveyance system facilities authorized by this Easement are allowed to deteriorate to
thE! point of threatening persons or property, and the Holder, aner nol1fication by the Grantor, refuses
to ~erlorm the repairs and maintenance required to remove the threat to persons or property, Grantor
shall have the right to under1ake such repair and maintenance and to assess the Holder for the costs
of such repair and maintenance, regardless 0/ whether Granlor had req~ired the Holder to furnish a
b~ nd or other security.

8. INDEJ"NIFICATION.

Hold-.r shall indemniiy the United States against liability for any and all injury, loss, or damage. jnelU.
fira suppression costs, that the Untted States may suffer as a result of claims, demands, losses, or
judgements caused by the Holder's use or occupancy under this easement.

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