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<br />. <br />oj <br /> <br />e1 <br /> <br />. <br /> <br />. <br /> <br />Maynes, Bradford, Shipps & Sheftel, LLP <br />Attorneys at Law <br /> <br />FRANKE. (SAM) MAYNES <br />THOMAS H. SHIPPS <br />JANICE C. SHEFrEL <br />PATRICIA A. HALLt <br />SAMW, MAYNES <br />J ORN BARLOW SPEAR <br />STEVEN C. Boos..t <br /> <br />ASSOCIATES: <br /> <br />LARANNE A, BREAGY <br />CHRISTOPHER Z. CANTRELL <br />MONTE T. MILLS <br /> <br />BYRON V, BRADFORD (1907-1985) <br />t ALSO ADMIlTED IN ARIZONA AND NA V AJD NATION <br />>I- ALSO ADMITTED IN CALIFORNIA, NEW MEXICO AND UTAH <br /> <br />(970)247-1755 <br />(970)247-8827 - FACSIMILE <br />jsheftel@mbssllp.com <br /> <br />MEMORANDUM <br /> <br />TO: <br /> <br />Don Schwindt; Colorado Water Conservation Board <br /> <br />FROM: <br /> <br />Janice C, Sheftel, Maynes, Bradford, Shipps and Sheftel, LLP <br /> <br />RE: <br /> <br />Ditch Bill <br /> <br />DATE: <br /> <br />March 9,2004 <br /> <br />I. BACKGROUND ON DITCH BILL <br /> <br />Congress enacted the Ditch Bill in 1986 (public Law 99-545, at 43 U.S,C, ' '1761(b)(c)), as an <br />amendment to the Federal Land Policy and Management Act ("FLPMA"), enacted in 1976, The <br />Ditch Bill provides an alternative to a special use permit to confirm title to previously <br />undocumented rights-of-way across national forest land for ditches and other water facilities <br />used for agricultural irrigation or livestock watering which were in existence prior to 1976, The <br />issuance of a permanent easement to qualified applicants is non-discretionary, <br /> <br />The Ditch Bill is to provide three important benefits to easement holders, First, it is to give the <br />holder a permanent easement for water facilities across the national forest and confirms title to <br />such easement. Second, it exempts the holder from any fees associated with using the granted <br />right-of-way, Third, it allows the easement to be transferred without the imposition of new terms <br />and conditions at the time of transfer. In exchange for these benefits, the holder of a Ditch Bill <br />easement must relinquish any right the holder may have under the 1866 or 1891 Acts\ including <br />but not limited to old federal right-of-way statutes, and become subject to all the conditions and <br /> <br />1. In some cases, water users may desire to retain an 1866 right-of-way for their original facilities <br />and request a Ditch Bill easement only for any enlargements or modifications made after reservation of <br />land for the National Forest. The Department of Agriculture appears to have no objection to proceeding <br />in this manner. <br /> <br />WEST BUILDING - 835 EAST SECOND AVENUE, SurrE 123 <br />POST OFfICE Box 2717 <br />DURANGO, COLORADO 81302-2717 <br />