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<br />-2- J <br /> <br /> <br />Use for the Requested Area .- <br />The uses for the CWCB land are for the construction of a service road for Xce\'s access to their ., <br />transmission line, which is located along the South Platte River Floodplain. The service road will have <br />a control access and will not be open to general public. The easement area is 20 feet wide by 87 feet <br />long located in the improved South Platte Channel Improvement right-of-way totaling 1,740 square feet <br />(see attached map). The proposed project will be designed and constructed by Xcel. A temporary <br />construction area will not be specified for the construction of the road. The staff finds that the use can <br />work in harmony within the CWCB project right-of-way with certain subordination requirements stated <br />in the agreement. <br /> <br />Conditions for the Easement -lfthe easement is granted, the owner shall comply with the following <br />conditions: <br /> <br />I) TIME PERIOD - The EASEMENT shall be for a term of25 years and can be renewable. <br /> <br />2) PERMITS - The owner shall be responsible for securing and monitoring all required federal, <br />state, and local permits pertaining to Colorado waters and streams. <br /> <br />3) INSURANCE COVERAGE - The CWCB shall be named as an additional insured, and shall <br />have coverage in the amounts established by the Colorado Governmental Immunity Act - part <br />one ofarticle 10 oftitle 24, 10a C.R.S., as amended. <br /> <br />4) <br /> <br />FEE CONSIDERATIONS - A recommendation will be made that no fee consideration is <br />requested under the Board's fee provisions due the fact that is an exchange consideration where e <br />the vacate easement lands are greater in area than the requested easement. <br /> <br />5) RECLAMATION OF THE SITE - The reclamation plan and all site grading shall be developed <br />and provided to the CWCB for approval prior to the construction and completion of the project. <br /> <br />6) NON-EXCLUSIVE EASEMENT CLAUSE - Language will be stated in the easement that will <br />reserve the eWCB's right to grant additional easements on the same land covered by this <br />easement. <br /> <br />7) EASEMENT APPLICATION - The applicant and/or agent have complied with the provisions <br />of the Colorado Water Conservation Board Easement Guidelines for the Chatfield Downstream <br />Improvement Project dated November 2001. <br /> <br />Special fee considerations <br />eWCB Procedures for computing easement fees for the cweB South Platter River Right of Way <br />Easements use three methods. Method I is the Market value method, Method II is the drainage value <br />method and Method III is for Governmental Public Works Facilities. Method III states "Should it be <br />deemed by the Board that it is in the best interest of the general public, the Board may consider a special <br />assessment for a City, Town or County on a case-by-case basis for an easement request." The Xcel <br />request is for an exchange of an existing easement for a new easement having similar use, therefore the <br />eWCB staff recommends that an easement fee is not required in this situation. <br /> <br />e <br /> <br />Flood Protection. Water Project Planning and Financing. Stream and Lake Protection <br />Water Supply Protection. Conservation Planning <br />