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HomeMy WebLinkAbout17- US Dept. of Agriculture Cooperative Agreement for Water Supply . . r..., ..' ,.,. 'J UNITED STATES DEPART1mNT ot AGRICULTURE OFFICE OF THE SECRETARY 090,p,ftr,a.U~.-4gr,e.lIlentfoJ:' ,'GAe,~.~sa of Uonst!l'v..l.~ .~ . ......,. Proteoting the Water Supply of BozelDB.n, Montana. THIS AGREEMENT, made and entered into this 5th day of January, one thousand nine hundred and seventeen, by and between THr: CITY OF BOZEMAN, State of Montana, through L. W. TrQitt, ,- its Mayor, and the United States Department of agriculture. through D. F. Houston, Secretary of Agriculture, WITNESSETH. THAT WHEREAS, the following desoribed lands Beginning at a point in the north line of Section 18, Tp. 3 5., R. 6 ~., where said line intersects the watershed divide batween the .Bozeman Creek and Middle Creek; THENCE eaet alon~ th~ north line of said Section 18 to the:) east H-Ua---O-t---a.a.l , ,-' ~..,...".,.. t1on18; THENCE north along the west line of Section 8 to the north line of Section 8; THENCE east along the north line of Seotion 8 to the point of interseotion of the north line of Section 8 with the.watershed divide between Bozeman Creek and Bear Creek; THENCE following the said divide in a general 1~ southeasterly direction to a point in the east line of Seotion 29, Tp. 3 S., R. 7 E., where said line is intersected by said watershed divide; THENCE south along the east line of said Section 29 and the east line of Section 32 to the southeast corner of the northeast one-Quarter of the northeast one-quarter of Baid Section 32; THENCE west to the southwest corner of the northwest one-quarter of the northeast one-quarter of said Section 32; THENCE south along the center of said Section 32 to the southeast corner of the northeast one-quarter of the southweet one-qu.a.rter of said Section 32; THENCE weet to lhe sou.thwest corner of the northwest one-quarter of the southwest one-quarter of said Section 32; THENCE south along the east line of Section 31, Tp. 3 S., R. 7 K., and the east line of Section 6, mp. 4 S., R.7 E., to the southeast corner of the northeast one-qu.arter of said Section 6; 1'HENCE west along the center line of said Section 6 and lhe center line of Section 1, Tp, 4 e., R. 6 t:., to the.sst line of said Section 1; THENCE tiorth along the we~t 11n$ of said Section 1 to the north line of said Seotion 1; THEBCE westl:lolong the north line of Seotion 2, Tp. 4 S., i. 6 E., to the northwest corner of said Seotlon 2. THENCE nO'l""h along the ea.st line of Section 34, Tp. :3 S., , R. 6 E., to the northeast corner of the southeast one-quarter of - said Sect ton 34; THENCE west to the center point of said ~ Section 34; THENCE north to the northeast corner of the north- ~ . I. fit c " , I, -2- west one-quarter of said Seotion 34; THENOE west along the north line of said Section 34 and Seotion 33, Tp. 3 S., R. 6 E., to the point where said north line of Section 33 interseots the watershed divide between Bozeman Creek and Middle Creek; THENCE in,ageneraln(;jJ;'thw6sterly direotion along said divide to the ".1''1a'08 ofbeg:l.riril'ng. The above boundaries include approximately 13,195 acres of ground, 9,960 acres belonging to the forest reserve, 960 aores to the State of Montana and 2645 acres belonging to the B. P. Railway, wi thin the exterior bOI~ndaries of the Gallatin National Forest, form a part of the watershed from which the water supply of the eaid city is obtained. ABDWHEREAS, within the boundaries of the area above described there are approximately 9,960 aoree of National ]i'orest land, 960 aores of land belonging to the State of Montana and 2,645 acres belonging to the Northern Paaifio Rai1- way Company. NOW, T.dEREFOEE, for the purpose of conser\'ing e.nd pro- tecting the water supply of the said city, the Secret~ry of Agrioulture agrees: FIRST, That the use of said National Forest lands will not be permi tted without the approval of the proper ci t;)1 authoritie~ exoept for the following purposes, to-wit: Measures neoessary for the proper protection and care of the Forests; the marking, cutting and disposition of suoh timber us, in the ju.dgment of the Forest officers, may be removed without injllry to the wb.ter sllpply of said oity; for the construotion of roads, trails, telephone lines, and other means of trans- portation and oommunication not inconsistent with the object of this agreement; and for rights of way or other rights or interests acquired under aots of Congress. J ~t ... .~, 1, -3- SECOND. That all persons employed on or oooupying any of said National Forest lunc"s for any purpose will be required to oomply with the regulations governing National Forests, and 119. obs~rT~sl;loh ij~;+:t~ar~ f~,i~J,,~1Q~ij ae. may be pro,flosedb;y the said city and approved by the Secretary of Agriculture. THIRD. That so far as practicable with the means at his disposal, the Secretary of Agrioulture will improve the forests upon said H~tional Forest lands by the most approved methode of silviculture and forest management. And the Mayor for the C1t1 of Bozeman agrees: FIR ST . That, for the proteotion of the lands first above desoribed from fire, the aaid oity will cooperate with the Forest Servioe in the deteotion, reporting and suppression of fires on or near said lands. and in suoh ooopel"at1on employes paott'i:-O&J;'B C):f ealdo'tt'y."f1:1'promptlyreport all fires dis- covered by them to the nearest Forest officer, and, when in addition to the regalar forest protective foroe the Forest Supervisor deems the assistance of the city necessary to the suppression of fires on said lands, the oity will, to the extent of its ability, upon request of the Forest Supervisor, farnish Buch assiet~nce without oompensation from the United States. provided so doing will not materially interfere with the performance of usual duties by regular emplo;yes and offioers of said City. SECOND. ~h8t, in q~der to provide for reasonable f an~ appropriate reoreational use of the said National Forest lands by the publio, the oity will cooperate with the Forest Service in the establishment and designation of suitable oamping sites to whioh oamping on Baid lands shall be restrict- ed. The oity shall provide at each site so established and .designated. at least one latrine tightly soreened and supplied !~t all times with an adequate quantity of disinfectants. ~ .. ,01 ~ -" ". -4- On said lands the oity shall aid the Forest Ser.ice in res- tricting 'amping to said 8ites 80 established and designated and in enforcing eanlt~ry regulations applicable thereto. If the C"1 ty and" the For'est Supervi80r de'em it neoessary in order to 8eoure proper observanoe of sanit_ry regulations on said sites, the oity ahall Beoure the appointment of a oompetent police offioer tor such period a. roay be neoessary eaoh year for suoh purpose. The police offioer 80 seleoted shall also be appoint- ed a. per diem guard. by the United Stutes at u. ealary of $1.00 per month when aotually elliployed. THIRD. That, if to effeot the exolusion of domestio stook, grazed on National FOrest range under perreit, fron. the said deaoribed lands, it beoome neoe..ary to construct drift fences or aiml1ar improvements the coat of which, in the opinion of the Distriot Forester, would be unduly burdensome to the permittee or per~ittee8 affeoted, the oity will contribute all or suoh part of the money needed to conltruct such improvements a. the Distriot for.ster may deem just. Provided that the fencing for the oonltruotlon of which the oity shall be liable to oontribute shall not exoeed three miles in length. It is expressly understood and agreed by and betw0en the parties hereto, tha.t this agreement shall not be or b'~OOl'1'le binding and affeat!.. until there shall be filed with the District Forester eatisf'-<otQry evidenoe that the aforeaa.1d land. belongi ng to the St::\te of l','.ontana and to the Nor ther', p':"c lfio .. ~ ... , ..., ~ .~ . -5- Bai.lwayOtltnpan;v,w1th1n the boundaries of the area above " d.scrlbflld~.will behaiJ.dled and oont~olled substant1~11y in the same manner aehtl"ein sp801t1cally agreed upon for ';i,\<,";i"i;":'Y:f~'.,~qi!iI",,,''',^_:,~l1li:AA'&e th...rp-....i:ea,.f'. .1;:h....1i."ehIt4. of said oity of Bozeman. Th18.~gr.ement shall remain in force and effect to and Inol1141nS. June 30, 1918, and thereafter be auto- matlcallyrElr1j...d for periods of one year. unless canceled by writtennotio.e from eitber party to the other not leBa thS.ll aixtydays prior to the expiration of anyone year term; Provided, however, That nothing herein contained shall be construed as binding the Seoretary to expend in any onef1E1cal ye'ar any sum in exceSs of appropriations ., made by Con~!'esel for that fisoal year, ortO""fri-VDl VA the I, ,"'" " ,\ .,' + " :" .,' "" """.,:," ,,".... ,,',' ,"" ,:,,"', , " " "..,..~t 1~ .8tlycorttract or o.ther ob11gatlonforthe fu ture pay;nspt or mOnlJ~7 in eXOEtae of such appropr18, tlons. ,The und$l:'signsdagree to the above propoeltlons an(!, agreet ooarry them out as far aethey have official i,: power and authorj..liy to do so. ....--..... ....... -....- CITY OF BOZEMAN .J_' _" f}fti~ -- .- - ""- By SF~"J)'p Cl1'Y .'. ..... ~- ,. <,:,:"::'1 ':"~" Mayor , ' , ," ':..--'~ " -', - " -, " -.. ~~ ..o~.- mE~T' ~.. .~ . ~. ".' '. ~."-'~d 01 ty . ~erk C c-J ~~--GA ~- AC:~ Secretary o:fAgr:toul ture .~ , "