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<br />N,,-17-01 16 :46 <br /> <br />Fro.- <br /> <br />T-Oll P,008/008 F-410 <br /> <br />November 17, 2003 <br />Page 6 of6 <br /> <br />thc Federal lands, as it may change over time, cases no greater burden on the Federal property to <br />carry the warer to irs place of use. " <br /> <br />12. Transferability. The USFS's Proposed Easement states that "[tJbis easement is <br />fully transferable provided the water conveyance system facilities are used for agricultural <br />irrigation or livestock watering." Proposed Easement at 'll 4. In accordance with 111e language of <br />the Ditch Bill, this section should also state that the easement "shall be fully traD.Srarable with all <br />existing conditions and without the imposition of fees or new conditions or sti):'1.I1ations at the <br />time ofTI'\l[\sfer." 43 U.S.C,!i 176 1 (c) (2)(B). <br /> <br />13. T=;nation of F"'~exnent For Failure to Comllly With Temts arcd Conditions. <br />The Proposed Easemcnt states that "Grantor may take action to teIIllinate this ea:lement under 7 <br />CFR 1.130-1.151, for noncompliance with applicable staru1es and regulations, OJ' the terms and <br />conditions of this eascment." In acccrdance with Section 506 of FLPMA, the Proposed <br />Easement should cornemplate suspension or termination, rather than only tennina:ion, upon non- <br />compliance with the Easement terms and conditions. <br /> <br />JCS:sps <br /> <br />H,l&p.\$WWB\I)it:ll BfmCWCD momo.doclll1310l <br />