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2. The holder shafl include and require campliance with the above nondiscrimination provisions in any third party agreement made with respect to the aperations under this permit, 3. Sfgns setting forth this policy of nondiscrimination to be furnished by the Forest Seivice will be conspicuously displayed at the public entrance to the premises, and at otl~er exfer'sor or interior locations as directed by the Forest Service. The Forest Service shall have the right to enforce the foregoing nondiscrimination provisions by suit for specific performance ~r by any other available remedy under the laws of the United States or the State in which the breach or ~iolation occurs. In addition to the above non-discrimination policy, the holder agrees to insure that its program and activities are open to the general public on an equal basis and without regard to any nan-merit factor. E. Water Dealetions in the Upper Colorado River Basin (R2-D-104). The holder recognizes that the obligation for providing a reasonable and prudent alternative which allaws the Forest Service to issus the special use authorization has been assumed by the co-signers of a cooperative agreetnent ta implement fhe Recover Implementation Proaram For Endanaered Fish Sqecies In #he UpJ~er Calorado River Basin. In the event the co- signers of the cooperative agreement are unable to meet their responsibil~ties under the Plan, the individual responsibility of the holder to provide reasonable and prudent measures continues. The Farest Service is obligated to re-e~aluate the authorization if consuftation is rei~itiated. F. AUQmentation Plans for Exisfing Water RiQhts (C~2-D-108). In the event that the autiiorized facilities/activities resu[t in an out-of-priority di~ersion that requires augme~tation, the Forest Service authorized officer must approve the augmenfation plan in writing prior to the applicant submitting the plan for final decree by the court. G. Water Riqhts Boulder Canvon Act (R2-X-102j. This authorization is issued subject to the Boulder Canyon Project Act of December 29, 1928 (45 Stat., '1064}. H. Water Rights (R2-X-'f 03}. This aufhorization confers no right to the use of water by the Holder; such rights must be abtained under State law. I. Water Riqhts Acquired in the Name of the United Stakes (X99). All water rights abtained by the holder for use on the area author¢ed must be acquired in the name of the United States. J. Dam Safetw (B37}. 1. Definitions. The following de~nit~ons apply to mis clause: a. Qualified Engineer. An enginee~ authorized to practice engineering in the fteld of dams in the State where the dam is {ocated, either by professiona! registration as provided by State Iaw or by reason of empfoyment by the State or Federal Go~emment. b. Dam Failure, Catastrophic event characterized by the sudden, rapid, and uncontrolled release of impounded water. It is recognized that there are lesser degrees of failure anc! that any rnalfunction or abnormality outside the deslgn assumptlons and parameters which adversely affect a dam's primary function of impounding water may also be cansidered a failure. c. E2ehabilitation or Madffication. Repair of major structure det~rioration to resfore originai condition; alte~ation of structures to meet current design criteria, irnprove dam stability, enlarge reservair capacity, or increase spillway and outlet works capacity; replacement of equiprnent d. Hazard Potential, The classification of a dam based on the potential far loss oF life or property damage that could occur if the sfructure failed (FSM 7500}. e. Emergency Action Plan. Formal plan of procedures to prevent or reduce loss of life and property that could occ~r if the structuce failed. The plan does not include flood plain management for the cont~olled release of floodwate~s for which the praject is designed. Town of Gypsum L.ED.E. Reservair and ditch