Free Settlement Agreement - District Court of Colorado - Colorado

Case 1:02-cv-01841-MSK-MJW

Document 129-4

Filed 02/09/2007

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Attachment 3

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Ridges Basin Inlet Conduit Easement Crossing Protocols JANUARY 2007 The within Ridges Basin Inlet Conduit Easement Crossing Protocols establish the process and procedures to be followed when traversing over the Final Ridges Basin Inlet Conduit Easement with Light Trucks and/or Heavy Equipment. 1. For the purposes of the within protocols the following terms are defined as set forth herein: A. The term "Bureau of Reclamation" means the Bureau of Reclamation, United States Department of the Interior. B . The term "CDOW Condemnation" means the civil action entitled United States v. 117.54 Acres, et al., Civil Action No. 02-cv-01841-MSKMJW, United States District Court for the District of Colorado. C. The term "Designated Crossing Points" means the four (4) crossing points designated and agreed to by and between the Bureau of Reclamation and the State of Colorado as identified in Exhibit 3A attached hereto. D. The term "Final Ridges Basin Inlet Conduit Easement" means the perpetual easement consisting of 47.61 acres, more or less, and more particularly described as Parcel RBR-12C(P) in the Third Amended Schedule B and delineated in the maps in the Third Amended Schedule C attached to the Third Amended Declaration of Taking filed in the CDOW Condemnation. -1-

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E. The term "Light Truck" means a vehicle with a live load of less than 4,000 pounds per axle. The definition of a "Light Truck" includes most 3/4 ton and 1 ton pickup trucks field equipped. F. The term "Heavy Equipment" means vehicles, trucks and/or equipment heavier than a Light Truck as defined herein. G. The term "Ridges Basin Inlet Conduit" means the pipeline and associated facilities and operations as defined in the CDOW Condemnation. H. The term "State of Colorado" means the State of Colorado, its agencies, divisions, various subparts, employees, agents, contractors, successors, and/or assigns. I. The term "United States" means the agencies, sub-agencies, and subparts of the United States of America, including its agents, assigns, and/or contractors. 2. The United States through Bureau of Reclamation, and its agents and/or assigns, shall be responsible for maintaining the cover over the Ridges Basin Inlet Conduit at the as-constructed depth. 3. At the conclusion of the construction of the Ridges Basin Inlet Conduit, the Final Ridges Basin Inlet Conduit Easement may be crossed on an intermittent basis at any location along its entire length with a Light Truck assuming that the cover over the Ridges Basin Inlet Conduit has remained at the as-constructed depth and has not deteriorated because of weather or other causes. -2-

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4. For the safety and well-being of individuals, equipment, and facilities, including the Ridges Basin Inlet Conduit, the State of Colorado is encouraged to contact the Bureau of Reclamation, prior to traversing over the Final Ridges Basin Inlet Conduit Easement with a Light Truck, in order that the Bureau of Reclamation may evaluate the proposed crossing point(s) and thereafter advise the State of Colorado concerning the condition of the proposed crossing point(s). 5. The Bureau of Reclamation shall design and construct the Designated Crossing Points to at least an HS20 standard. 6. If the State of Colorado desires to traverse over the Final Ridges Basin Inlet Conduit Easement, at one or more of the Designated Crossing Points with Heavy Equipment, the State of Colorado shall contact the Bureau of Reclamation and advise the Bureau of Reclamation concerning the Designated Crossing Point(s) it desires to traverse and the specification(s) of the Heavy Equipment unit(s) that will be crossing the Designated Crossing Point(s). Thereafter, the Bureau of Reclamation shall, within a reasonable time thereafter, evaluate the proposed Designated Crossing Point(s) and shall, within a reasonable time thereafter, advise the State of Colorado concerning the remedial measures, if any, reasonably required to allow the specific Heavy Equipment unit(s) to safely traverse the Designated Crossing Point(s). 7. If remedial measures are required to allow a specific Heavy Equipment unit(s) to traverse the Ridges Basin Inlet Conduit at a Designated Crossing Point(s), the State of Colorado shall be responsible for bearing the costs of such remedial measures but -3-

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only to the extent that the remedial measures are required to exceed the as-constructed depth of the Ridges Basin Inlet Conduit in order to accommodate the Heavy Equipment unit(s). 9. The United States and the State of Colorado stipulate and agree, that after the construction of the above-ground power line(s) within the Final Ridges Basin Conduit Easement, the United States and the State of Colorado shall develop additional protocols that will establish the process and procedures to be followed when the State of Colorado crosses under the said above-ground power line(s). 10. The United States and the State of Colorado stipulate and agree that the said additional protocol established will be supplements to this protocol.

TROY A. EID United States Attorney

JOHN W. SUTHERS Attorney General State of Colorado

s/Stephen D. Taylor STEPHEN D. TAYLOR Assistant U.S. Attorney 1225 Seventeenth Street Suite 700 Denver, CO 80202 Telephone: (303) 454-0100 Fax: (303) 454-0408 E-Mail: [email protected]

s/Timothy J. Monahan TIMOTHY J. MONAHAN Assistant Attorney General Natural Resources 1525 Sherman Street 5th Floor Denver, CO 80203 Telephone: (303) 866-5861 Fax: (303) 866-3558 E-Mail: [email protected]

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EXHIBIT 3A

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