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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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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 />I <br /> <br />--~... <br /> <br />~ <br /> <br />'. <br /> <br />ei' <br />. , <br /> <br />I <br /> <br />.J <br /> <br />9. LlASILn:V. <br /> <br />f' <br /> <br />Holder j., liable for and agrees to r.pair damage to National Forest System laMs caused by Holder's <br />negligen<:e, intentional acts, or of failure to comply whh the terms and conditions of this easement or of <br />any law (Ir regulation applicable to the National Forests. <br /> <br />10. SITE RE;STORATION. <br /> <br />Holder 5;1all, upon termi"ation of this easement, stabilize the sile as required by the Grantor. If Holder <br />does not slabilize the s~e, the Holder agrees to pay the costs of such stabilization ~ undenaken by the <br />Grantor, I <br /> <br /> <br />1i. SPECltlL PROVISIONS. <br /> <br />The For.s! Service reserves the authority to re-initiate consuitation under Section 7 of the Endangered <br />Species Act in the event a new species is listed or "ew critical habitat is designated. <br /> <br />The foregoing 10twithstanding, this easement is granted subject to the following reservations by Grantor, <br />for itself, its pl~rmittees, contractors, and assIgns. <br /> <br />:l <br /> <br />(!-. NONE:r:CLUSIVE USE. <br /> <br />) The Gl'mtor reserves the right to use or pennh others to Use the easement area, provided such use does <br />L not unr,oasonably interfere with the rights and privileges hereby authorized. <br /> <br />8. TERM!NATION. <br /> <br />.,1 <br /> <br />This e"sement may be terminated with consent of Holder, or if Holder fails to exercise the rights and <br />privile~es authorized for any continuous period of fIVe (5) years or more. This easement expires <br />according to its terms if Holder uses the waler conveyance system for any purpose other than agricultural <br />irrigaticln or livestock watering. Grantor may take action to terminate this easement under 7 CFR 1.130 - <br />1.151, for noncompliance with applicable statutes and regulations, orthe terms and conditions of this <br />easen: ent. <br /> <br />ACCEPTANC:: 0" this day of , I, the unde",igned Holder havs read, <br />understand, aj)Cj accept the terms a"d conditions of this easement. <br /> <br />BY <br /> <br />HOLDER <br /> <br />I <br />;: <br /> <br />The fc)ilowing certificate shall be ex;scutOO by the Secretary or Assistant Secretary of the Corporation: <br />I, __ ' certify that I arr the Secretary of the Corporation that <br />accepl.OO the above easeement; that who signed said <br />easement on behalf of said Corporation was then of said Corporation; that I know hislher signature, and <br />that his/her signature on said easement is genuine; and that said easement was duly sig"OO, sealed,and <br />, attestrld to for and on behalf of said Corporation by authority of its governing body. <br /> <br />, <br />:"} <br /> <br />(CQf,PORATE SEAL) <br /> <br />. <br /> <br />BY <br /> <br />Secretary or Assistant Secretary <br /> <br />~o~_~ nnnJttnn"J r.n~_t <br /> <br />_IHaJJ <br /> <br />t:l~''''1 <br /> <br />"",., ,... ,...,,, <br />
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