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HomeMy WebLinkAbout73- Bozeman Creek Watershed Cooperative Agreement ,- ~ . . . , . COO~;vJ ~ ,at 'tHE PURPOSE C1I M'AIlftAINI!<<} AND ~TING tHE QUALITY OF WATER P'RQ.I NATIOlIAL FOREST Am) Cr.rr LANDS wmm THE BOZEMAN CREEK WATER- SHED, A SOUBCE 01 THE lQmSTIC WATER SUPPLY :r~ THE PEOPLE OF B02"J:MAN, !l>NrANA . - WHDEAS * the following described lands Beginning at a point in the north line of Section 18, Township 3 South, Range 6 East, K.P .14. where said line intersects the watershed divide between Bozeman Creek. and Leverich Creek; thence east along the north line of sud Section 18 and east along the north line of Section 17 to the watershed d.iv1de between Bozeman Creek and Limestone Creek; thence southeasterly aJ.ong said divide to the summit at Mt. l11is; thence fran the summ1 t at Mt. Ellis southeasterl;y along the Bozeman Creek-Bear Canyon watershed 4i vide to the intersection of said watershed divide with the BozeJJl811 Creek""trail Creek watershed divide; thence southerly along the Bozeman Creek-Trail Creek watershed divide to the Bozeman Creek-Eightmile Creek watershed divide; thence southwesterly along the Bozeman Creek.. Eightmile Creek watershed divide to the Bozeman Creek...Eightmile Creek- Hyalite Creek watershed divide; thence northwesterly along the Bozeman Creek...Hyalite Creek watershed divide to the Bozeman Creek..Hyal1te Creek- Leverich Creek divide; thence northerly along the Bozeman Creek-Leverich Creek watershed divide to the point of beginning. The above boundaries include about 14.500 acres otNational Forest land and 4200 acres at City ot :Bozeman land within the boundaries ot the Gallatin National Forest. WHEREAS, the City of Bozeman has tor ll18Z1\Y years used water from the Bozeman Creek watershed as a source of danestic water. and WHEREAS, the securing ot favorable water news tor municipal water supply is in accordance wit.h the multiple use purposes for which National Forests are established and administered, and - . . . , . . , 2. WHEREAS, the cooperation between the City and the Forest Service toward the objective of maintaining the flaw of high quaJ.ity water fran Natione.l Forest lands is in the public interest; NOW T:H:EREI'ORE J tor the purpose of conserving and protecting the water supply of said City, the Mayor for the City of Bozeman a.nd the Forest Supervisor of the Gallatin National. Forest agree: 1. Repre8entatives of the Forest Service and City will periodically review conditions and needs of the watershed and agree on conditions of use of the watershed. 2. The Forest Service will permit occupancy and use of the National poreat 3..tu>>:l in the watershed upon compliance with ree.sonable conditions for the protection and maintenance of water qual! ty. 3. Water mea.surements, studies J and records of e1 ther party per- taining to water quality and streamflow shaJ.l be made available for use by both parties. 4. The Forest Service and the City will cooperate 10 the prepara- tion and release of informational. and educational material pertaining to this cooperative agreement. 5. If' any water yield improvement, water development J timber, range, wildlife, or other management activity is proposed by either party, they will notify the other party in the preliminaI'Y planning stage and will work out plans cooperatively. 6. Nothing in this agreement shall atfect the rights of the City, or the Forest Service, or of others to use of' water yielded iran the National Forest lands covered by this agreement. 7. Nothing in this agreement shall be construed as obligating the forest Service or the City in any contract or other obligation tor the future ~nt of money in excess of apprC1priations authorized by law. 8. No member of or delegate to Congress, or Resident Commissioners, shall be adm1 tted to any share or part of this agreement or to any benefit that may arise therefran unJ.ess it is made with a corporation for its general benefit. .. .. . ~ .. . . ' . . . 3. 10. 'this agreement DI81Y be terminated on sixty days' written notice by either party. ll. J'SM 1564.l2d ... .AaIUl'UlCe Clause. By accepting this agreement. the City hereby agrees to ccapJ.y with Title VI of the CivU Rights Act ot 1964 and all requirements 1mposed by or pursuant to tberegulation of the Vtdted States Departllent of Agriculture (7 CFR. Part 15) issued pursuant to tb.e.t Act. and hereby assures that ill the operation and per- formance t1t this eereement to take immediately any measures necessary to etteetWlte this requiremeDt. It any real property or structure there- on is provided or impJ.'O"ed with the aid of Federa.l financial ASsistance extend4t4 to the City by the united states Department ot Ag:riculture, this aasuranceshall obligate the C1 ty, or in the case of ~ transfer of nck prqpe:rty. .., t.rUDateree. tor tbeper10d during which the real prapctr'Qr or Itruet1.1re is uaed tor a purpose tor 1fh1eh the federal t1nsncia.1 assistance is extended or tar 8Dotber purpose involving the provision of simUar services or beneti ts. If any personal prapctr'Qr 1. 80 provided, this assurance shall obligate thee! ty for the period during which it retains ownership or possession of the property. In ell other eases, this ueurADce shall obligate the City tor the period d'QrU1s which the federal financial assistance is ex... tended to it by this -agreement. 'fhie uS\U'anee is given in (,;01J.8ideration of the Federal :f'inancial u.11t&nce extended in this agre-.nt to the City by the Un1 ted state. Department ot Agriculture. The City recognizes and agrees that such rederel t1naDcial asaistance will be extended in reliance on the representatiODl aDd agreements made in this assurance. The City t"urtber ear"l tb&t the UDi~d states in addition to any other r=ts and remedies prov14etl by this USU1'IlDQe, the C1 v:U Bights Act of 1 , OJ' the regulations issued thereunder, sball have the right to en... force tb1.a ecre-ent bY' suit for specific performance or by .81J:3 other ava:uable remedy under the law. at the lhd ted States or the state in which the breach or violation occurs. r - ... ~ .. . '.," . , . . . . , . 4. III tr..I:tlUAlSS w.H.'ElUm', the }IN't1.. hereto law executed this agre-.ent au of the date first lIbovewr1tten. crn t1I BOZDWI ... Seal of City Att.a.cbed BY. Attest ~-C~ C3..( %~ lJlu:tJlOlJ ftABI or AMIIICA city k' USDA - J'(ItJI;8ll BliKV1Q BY. Act~ rarest Supervisor Gallatin Jational Forest ;:.<:.. ,,,~',