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CARYL R. CARROL Martin Creek Ditch / D.O. & E. Reservoir -- -- Paqe 7 8. Dam Safety Evaluations Beginning in 1996 and at S-year intervals thereafter, the holder shall have a formal dam safety evaluation performed by a qualified engineer to verify the safety and integrity of the dam and appurtenant structures. The evaluation will include, but is not limited to, a detailed field inspection of the dam and appurtenant structures and a review of all pertinent documents, such as investigation, design, construction, instrumentation, operation, maintenance, and inspection records. The evaluation shall be based on current accepted design criteria and practices. The holder shall provide two copies of the evaluation report to the authorized officer and Regional Engineer. Based on '" this report, the authorized officer may require the holder to perform additional evaluations pursuant to such standards as the officer may define and may r~quire rehabilitation or modification of the structure within a reasonable time. 9. Right of Action to Abate Emergency Situations In situations where the authorized officer determines on the available facts that there is danger of a dam failure for any reason, such officer may exercise discretionary authority to enter upon the structure and appurtenances authorized herein and take such actions as are necessary to abate or otherwise prevent a failure. Such actions include, but are not limited to, lowering the level of the impounded waters utilizing existing structures or by artificial breach of the dam. In the event that such actions are taken, the United States shall not indemnify or otherwise be liable to the holder for losses or damages, including losses or damages to the structure or the value of impounded waters. The failure of the Forest Service to exercise any discretion under this provis~on shall not be a violation of any duty by the United States, and shall not relieve the holder of any and all liability for damages in the event of a dam failure. 10. Liability The activities authorized by this permit shall be deemed a high risk use and occupancy. Sole responsibility for the safety of the dam and associated facilities and any liability resulting therefrom shall be on the holder and his successors, agents, or assigns. Pursuant to 36 CFR 2S1.S6(d), as such regulation may be amended from time to time, the holder shall be liable for injury, loss or damage resulting from this authorization regardless of the holder's fault or negligence. Maximum strict liability shall not exceed $1,000,000.00 except as that amount may be changed in the aforementioned regulations. In addition to all waivers and limitations on liability of the United States under this authorization, the provisions of 33 U.S.C. 702(c) shall apply to any damages from or by floods or flood waters at any place.