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pdfAuthorization ID: #AUTH_ID#
Contact ID: #HOLDER_ID#
Use Code: #USE_CODE#
FS-2700-9a (XX/20XX)
OMB No. 0596-0082
U.S. DEPARTMENT OF AGRICULTURE
Forest Service
AGRICULTURAL IRRIGATION AND LIVESTOCK WATERING SYSTEM EASEMENT
AUTHORITY:
AUTHORITY:
Title V of the Federal Land Policy and Management Act,
43 U.S.C. 1761-1772
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).
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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 __________ National
Forest, in the County(ies) of _____________, State of _____________. 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) #LENGTH#
Width of Easement (for linear featured facilities) #WIDTHH#
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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
conveyance system facilities of lands [………..] contained in Exhibit […………….], attached hereto and
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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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13. Federal Survey Monuments, Corners, and Boundary Markers. The holder shall protect in place all federal
survey monuments, corners, and boundary markers in the easement area. If any federal survey monuments,
corners, or boundary markers in the easement area are destroyed or modified, the holder shall ensure that they
are reestablished or corrected in accordance with (1) the Manual of Instructions for the Survey of the Public Land
of the United States; (2) the applicable county surveyor’s specifications; and (3) the specifications of the Forest
Service, as applicable. The holder shall ensure that any official survey records that were affected due to the
destruction or modification of any federal survey monuments, corners, or boundary markers are amended in
accordance with applicable law. Nothing in this clause shall relieve the holder of liability for the willful destruction
or modification of any federal survey monuments, corners, or boundary markers as provided in 18 U.S.C. 1858.
14. Archaeological and Paleontological Discoveries. The holder shall immediately notify the authorized officer of
any antiquities or other objects of historic or scientific interest, including but not limited to historic or prehistoric
ruins, fossils, or artifacts discovered in connection with the use and occupancy authorized by this lease. The
holder shall leave these discoveries intact and in place until otherwise directed by the authorized officer.
15. Native American Graves Protection and Repatriation (NAGPRA). In accordance with 25 U.S.C. 3002(d) and
43 CFR 10.4, if the holder inadvertently discovers human remains, funerary objects, sacred objects, or objects of
cultural patrimony on National Forest System lands, the holder shall immediately cease work in the area of the
discovery and shall leave the discoveries intact and in place. The holder shall follow the applicable NAGPRA
protocols for the undertaking provided in the NAGPRA plan of action or the NAGPRA comprehensive agreement;
if there are no such agreed-upon protocols, the holder shall as soon as practicable notify the authorized officer of
the discovery and shall follow up with written confirmation of the discovery. The activity that resulted in the
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inadvertent discovery may not resume until 30 days after the authorized officer certifies receipt of the written
confirmation, if resumption of the activity is otherwise lawful, or at any time if a NAGPRA plan of action has been
executed by the Forest Service following tribal consultation and any preconditions have been met.
16. Relocation. This easement is issued with the express understanding that should future location of federally
owned improvements or road rights-of-way require relocation of the holder’s improvements, the relocation will be
conducted by and at the expense of the holder within a reasonable period specified by the authorized officer.
17. Special Provisions.
USER NOTE:
Add additional provisions here to address local conditions. Delete these instructions prior to printing.
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#INSERT TERM HERE#
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| File Type | application/pdf |
| File Title | FS-2700-9a AGRICULTURAL IRRIGATION AND LIVESTOCK WATERING SYSTEM EASEMENT |
| File Modified | 2025-06-24 |
| File Created | 2024-08-20 |