FS-2700-9a Agricultural Irrigation and Livestock Watering System Ea

Authorization ID: #AUTH_ID#
Contact ID: #HOLDER_ID#
Use Code: #USE_CODE#

FS-2700-9a (03/06)
OMB No. 0596-0082

U.S. DEPARTMENT OF AGRICULTURE
Forest Service
AGRICULTURAL IRRIGATION AND LIVESTOCK WATERING SYSTEM EASEMENT
AUTHORITY:
#AUTHORITY_NAME#

THIS EASEMENT issued this
day of
by the UNITED STATES OF AMERICA, acting by and
through the Forest Service, Department of Agriculture, hereinafter called the grantor, to #HOLDER_NAME# a
of the State of

hereinafter called the holder(s).

The Holder has applied for an easement under Section 501 of the Federal Land Policy and Management Act of October
21, 1976, as amended by P. L. 99-545 (90 Stat. 2743; 43 U.S.C. 1761), for agricultural irrigation or livestock watering
system facilities located on lands owned by the United States on the
of

, State of

National Forest, in the County(ies)

. The description of the authorized facilities is as follows:

Project Name:

Location (legal description):
#TOWNSHIP_SECT_RANGE# #FIRST_DIVISION# #FIRST_DIV_NAME_NUMBER#,
#SECOND_DIVISION# #SECOND_DIV_NAME_NUMBER#, #THIRD_DIVISION# #THIRD_DIV_NAME_NUMBER#

User Note – “Description of Improvements”: (e.g.headgate/diversion/collection
box/ditch/pipeline/dam/reservoir; describe materials and physical dimensions of constructed facilities on NFS
lands.) Delete these instructions prior to printing.
Description of Improvements: #PURPOSE#

Length of Easement (for linear featured facilities):

Width of Easement (for linear featured facilities):
Area of National Forest Lands Occupied (acres associated with either linear or non-linear features, such as reservoirs):
#USE_ACRES#
Upon acceptance of this easement the holder relinquishes all right, title, and interest in and to any easement issued for
the same lands by the United States by any previous grant or permit.
The United States does hereby grant, subject to valid existing rights, an easement for occupancy with water
contained in Exhibit
, attached hereto and
conveyance system facilities of lands
incorporated herein, as provided by the holder and hereby accepted by the authorized officer.
This easement is issued subject to the following terms, provisions, and conditions applicable to the holder, its
permittees, contractors, assignees, and successors in interest.

1. Authorized Use. This easement authorizes only the right-of-way and water conveyance system facilities as
constructed and operated on October 21, 1976, as specified herein.
2. Extensions or Enlargements. This easement does not authorize extensions or enlargements of the water
conveyance system.
3. Fees. This easement is issued free of charge.
4. Transferability. This easement is fully transferable provided the water conveyance system facilities are used for
agricultural irrigation or livestock watering. The holder shall notify the grantor within sixty (60) days of any address
change or change in ownership.
5. Tenure. This easement shall continue for as long as the above described lands and water conveyance system
facilities are used, operated, and maintained in accordance with the terms and conditions herein described.
6. Operation and Maintenance.
a. The holder agrees to operate and maintain the facilities and use the authorized easement in accordance with
applicable Federal, State, and local laws, regulations, and standards.
b. The holder shall notify, consult with, and obtain concurrence of the grantor for operation and maintenance of the
authorized facilities.
c. The holder agrees to install and maintain an operable headgate at each diversion structure. Such headgate
shall be capable of controlling the amount of water entering the system.
d. The holder will not use fire or herbicides on the authorized right-of-way except as permitted in writing by the
grantor.
e. Pursuant to the requirements of 36 CFR 251.56(b)(1)(v), the terms and conditions for operation and
maintenance set forth in this section, and any operations and maintenance plan incorporated in this easement
pursuant to paragraph (f) of this section, may be revised or modified by the authorized officer upon determination
that:
1. Modification or revision of such terms and conditions is necessary to comply with the requirements of the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq) or applicable State or Federal law.
2. Terms and conditions contained herein are no longer needed to comply with the requirements of applicable
State or Federal law.
USER NOTE: ITEM “f” BELOW IS OPTIONAL.
Selection item 1: Select when operation and maintenance plan is attached.

f. The holder agrees to operate and maintain the facilities and use the authorized easements in
accordance with the attached operation and maintenance plan.
Selection item 2: Select this item to avoid having paragraph 6(f) appear in the authorization.

7. Emergency Repairs.
a. Except for emergency repairs required to protect the environment, property of the United States, or public health
and safety, the holder may not use materials on National Forest System lands outside the easement prior to

obtaining written authorization and paying for the materials to be used. The holder's use of material within the
easement is limited to maintenance of the water conveyance system facility.
b. If the water conveyance system facilities authorized by this easement are allowed to deteriorate to the point of
threatening persons or property, and the holder, after notification by the grantor, refuses to perform the repairs and
maintenance required to remove the threat to persons or property, the grantor shall have the right to undertake
such repair and maintenance and to assess the holder for the costs of such repair and maintenance, regardless of
whether the grantor had required the holder to furnish a bond or other security.
8. Indemnification.
a. The holder assumes all risk of loss to the authorized improvements.
b. The holder shall indemnify, defend, and hold the United States harmless for any violations incurred under
any such laws and regulations or for judgments, claims, or demands assessed against the United States in
connection with the holder's use or occupancy of the property. The holder's indemnification of the United
States shall include any loss by personal injury, loss of life or damage to property in connection with the
occupancy or use of the property. Indemnification shall include, but is not limited to, the value of resources
damaged or destroyed; the costs of restoration, cleanup, or other mitigation; fire suppression or other types of
abatement costs; third party claims and judgments; and all administrative, interest, and other legal costs. This
paragraph shall survive the termination or revocation of this authorization, regardless of cause.
9. Liability. The holder shall be liable for all injury, loss, or damage, including fire suppression, or other costs in
connection with rehabilitation or restoration of natural resources associated with the use and occupancy authorized by
this easement. Compensation shall include but not be limited to the value of resources damaged or destroyed, the
costs of restoration, cleanup, or other mitigation, fire suppression or other types of abatement costs, and all
administrative, legal (including attorney's fees), and other costs in connection therewith.
10. Site Restoration. The holder shall, upon termination or revocation of this easement, stabilize the site as required by
the grantor. If the holder does not stabilize the site, the holder agrees to pay the costs of such stabilization if
undertaken by the grantor.
The foregoing notwithstanding, this easement is granted subject to the following reservations by the grantor,
for itself, its permittees, contractors, and assigns.
11. Nonexclusive Use. The grantor reserves the right to use or permit others to use the easement area, provided such
use does not unreasonably interfere with the rights and privileges hereby authorized.
12. Revocation and Termination. The grantor may take action to revoke this easement pursuant to 7 CFR 1.130
through 1.151 for noncompliance with applicable statutes or regulations or the terms and conditions of this easement.
This easement also may be revoked with the consent of the holder, or if the holder fails to exercise the rights and
privileges authorized for any continuous period of five (5) years or more. This easement also terminates according to its
terms if the holder uses the water conveyance system for any purpose other than agricultural irrigation or livestock
watering.
13. Special Provisions.
USER NOTE FOR "C" CLAUSE
Selection item 1: Use the following clause for authorizations located within the drainages of the Colorado River
when the effective date of the water right occurs after December 31, 1928.

c. Colorado River Drainage. This easement is issued subject to the Colorado River Compact and the
Boulder Canyon Project Act of December 31, 1928 (45 Stat. 1057 et. seq.).
Selection item 2. Select this box to have nothing appear in the document when “c” is not applicable.

USER NOTE:
Add additional provisions here to address local conditions. Delete these instructions prior to printing.
#INSERT TERM HERE#

ACCEPTANCE On this ________ day of _________________, I, the undersigned Holder have read, understand, and
accept the terms and conditions of this easement.

ACKNOWLEDGMENT

STATE OF
COUNTY OF

)
) ss.
)

The foregoing instrument was acknowledged before me this

day of

,

By:

Notary Public
My commission expires:

The Secretary of Agriculture by the
, Forest Service, has executed this easement pursuant to delegations
of authority specified in 7 CFR 2.60 and 36 CFR 251.52 on the day and year written above.
UNITED STATES OF AMERICA

Region
Forest Service, Department of Agriculture
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB
control number. The valid OMB control number for this information collection is 0596-0082. The time required to complete this information collection is estimated to average 1 hour per
response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, gender, religion, age, disability, political beliefs,
sexual orientation, and marital or family status. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program
information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at 202-720-2600 (voice and TDD).
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call (800) 975-3272 (voice) or (202) 7206382 (TDD). USDA is an equal opportunity provider and employer.
The Privacy Act of 1974 (5 U.S.C. 552a) and the Freedom of Information Act (5 U.S.C. 552) govern the confidentiality to be provided for information received by the Forest Service.

ACCEPTANCE On this
day of
accept the terms and conditions of this easement.

, I, the undersigned holder have read, understand, and

Holder
The following certificate shall be executed by the Secretary or Assistant Secretary of the Corporation:
I,

, certify that I am the Secretary of the Corporation that accepted the above easement; that
, who signed said easement on behalf of said Corporation was then
of said Corporation; that I know his/her signature, and that his/her signature on said easement
is genuine; and that said easement was duly signed, sealed, and attested to for and on behalf of said Corporation by
authority of its governing body.

(CORPORATE SEAL)
(Assistant) Secretary
ACKNOWLEDGMENT
STATE OF

)
) ss.
)

COUNTY OF

The foregoing instrument was acknowledged before me this
by

day of

,

.

Notary Public
My commission expires:

The Secretary of Agriculture by the
, Forest Service, has executed this easement pursuant to delegations
of authority specified in 7 CFR 2.60 and 36 CFR 251.52 on the day and year written above.
UNITED STATES OF AMERICA

Region
Forest Service, Department of Agriculture
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB
control number. The valid OMB control number for this information collection is 0596-0082. The time required to complete this information collection is estimated to average 1 hour per
response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, gender, religion, age, disability, political beliefs,
sexual orientation, and marital or family status. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program
information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at 202-720-2600 (voice and TDD).
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call (800) 975-3272 (voice) or (202) 7206382 (TDD). USDA is an equal opportunity provider and employer.
The Privacy Act of 1974 (5 U.S.C. 552a) and the Freedom of Information Act (5 U.S.C. 552) govern the confidentiality to be provided for information received by the Forest Service.