WSPC02030

• File Number: 7630.285
• Description: Wild and Scenic - General
• State: CO
• Basin: Statewide
• Date: 10/1/1975
• Title: `
• Water Supply Pro - Doc Type: Report/Study

001232

Representative Scenic Easanent Deeds and Options

We have attached oopies of representative forms of scenic easarent
deeds an:l options to give an idea as to how these instrurrents differ
ac=rding to the area for which they are written and the interests
aCXJUired therein.

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1. Sawtooth National P.ecreation Area. This is one of the !lOre
sinple instrurrents presently anployed.The restrictions are
incorporated al100st entirely with the published Standards for
Use of Private Lands, 36 C.F.R. 292, et~. Under the
regulations, the land uses in the SawtootllNRA are divided
into several categories, principally residential, ccrrrrercial,
or agricultural. In the actual drafting of the deed, the
appropriate land classification is keyed into the instrurrent
and the land use regulations pertaining to that classification
are attached to the deed and ma.::le a part thereof. This form
of deed is useful where an area is governed by land use regula-
tions which have been pranulgated pursuant to specific statutory
autrority.

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II.

Sawtooth National Recreation Area - L. L. Breckenridge Deed.
L. L. Breckenridge sheep ranch consists of over 2,000 acres'
near the sOlIthern end of the Sawtooth Valley. This is a
significant deed to the extent that this is the product of
long negotiations tetween attorneys of the Office of the
General Counsel and Mr. Breckenridge's retained =unsel.
Thus, this deed has had considerable legal input fran toth the
grantors and the grantees. Like Deed 1. atove, this deed is
keyed into the land use standards provided for in the
regulations.

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The Breckenridge sheep ranch is near the southern end of
Sawtooth Valley. J. H. Breckenridge was one of the prcrroters
of the Sawtooth NRl\. He has spent a lot of !lOney and time on
the scenic easerrent. It is quite long because there are a
ntnnbei: of interpretations of the applicable regulations and there
are sc:rrE restrictions which are over and above those set forth
in the regulations. Sare of these points will have a tearing
upon the value of the purchasing; therefore it is necessary to
draft the scenic easarent tefore the appraisal is made.

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The Sawtooth NRA law and regulations subject the land to
condannation if it is used or threatened to te used in violation
of the regulations. The deed is drafted to incorporate therein
the ~rding of the regulations as it exists at the time of
execution. If there are changes in the regulations which will
make changes or additions in the use of the land, it will be
necessary to obtain a supplanental scenic easerrent.

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