BOARD00341

• Board Meeting Date: 3/16/2004
• Description: ISF Section - Federal Ditch Bill Easements and Associated By-pass Flow Requirements
• Board Meetings - Doc Type: Memo

100 STAT, 3048

Agriculture and
agricultural
commodities.
Animals.
43 use 1766,

Safety.

43 use 1764,

PUBLIC LAW 99-545-0CT, 27, 1986

ance of an easement pursuant to this subsection such previous grant
shall be deemed to have been relinquished and shall terminate.
"(B) Easements issued under the authority of this subsection shall
be fully transferable ~th all existing conditions and without the
imposition of fees or new conditIons or stipulations at the time of
transfer. The holder shall notily the Secretary of Agriculture within
SiXty days of any address change of the holder or change in owner-
ship of the facilities.
, (e) Easements issued under the authority of this subsection shall
include all changes or modifications to the original facilities in
existence as of October 21, 1976, the date of enactment of this Act,
"(D) Any future extension or enlargement of facilities after Octo-
ber 21, 1976, shall require the issuance of a separate authorization,
not authorized under this subsection,
"(3XA) Except as otherwise provided in this subsection, the Sec-
retary of Agriculture may terminate or suspend an easement issued
pursuant to this subsection in accordance with the procedural and
other provisions of section 506 of this Act.. An easement issued
pursuant to this subsection shall terminate if the water system for
which such easement was issued is used for any purpose other than
agricultural irrigation or livestock watering use. For purposes of
subparagraph (D) of paragraph (1) of this subsection, non-use of a
water system for agricultural irrigation or livestock watering pur-
poses for any continuous five-year period shall constitute a rebutta-
ble presumption of abandonment of the facilities comprising such
system,
"(B) Nothing in this subsection shall be deemed to be an assertion
by the United States of any right or claim with regard to the
reservation, acquisition, or use of water. Nothin in this subsection
shall be deemed to confer on the Secre - u ur r
or au rl yore or contro 10 any manner the a fO riation,
IV lon, or use of water or any ur 0 imims. any sue
power or au on v 0 sue re ry un ar applicable law) or to
reqUire the conveyance or transfer to the Umted States of any right
or clmm to the 800roorlatlOD, dIversIOn, or use of water.
~(C) Except as otherwise proviaed In tlus subsectiOn, all rights-of-
way issued pursuant to this subsection are subject to all conditions
and requirements of this Act,
"(D) In the event a right-of-way issued pursuant to this subsection
is allowed to deteriorate to the point of threatening persons or
property and the holder of the right-of-way, after consultation with
the Secretary of Agriculture, refuses to perform the repair and
maintenance necessary to remove the threat to persons or property,
the Secretary shall have the right to undertake such repair and
maintenance on the right-of-way and to assess the holder for the
costs of such repair and maintenance, regardless of whether the
Secretary had required the holder to furnish a bond or other secu-
rita; pursuant to subsection (1) of thiS section:'.
cJ SectIon 501 of the Act is amended by adding at the end of
subsection (b) the following paragraph:
"(3) The Secretary of Agriculture shall have the authority to
administer all rights-of-way granted or issued under authority
'Cif'jireViOuS Acts with respect to lands under the jurisdiction of
the Secretary of Agriculture, including rights-of-way granted or
issued pursuant to authority given to the Secretary of the
Interior by such previous Acts,".
SEe, 2. Section 504 ofthe Act is amended by-