Case No. 81CW245 Little Snake River Water Management Project

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performance of any such conditions, but the obligations of the Grantee with respect to such future performance shall continue in full force and effect. The procedures applicable to the foregoing shall be in accordance with 7 CFR 15 and other pertinent laws and regulations. 8. -This grant confers no rights upon the Grantee to the use of water involved; such rights must be obtained under State law. 9. Except for such restrictions as the Grantee and the Forest Supervisor may agree to be necessary to protect the installation and operation of authorized structures and developments, the lands and waters covered by this grant shall remain open to the public for all lawful purposes. To facilitate public use of this area, all existing roads or such roads as may be constructed by the Grantee, shall remain open to the public except for such sections as may be closed by joint agreement of the Grantee and the Forest Supervisor. Access roads constructed under this grant west of the Continental Divide will be closed to public use during construc- tion. 10. The Forest Service reserves the right to issue additional authori- zations to other applicants to increase the storage capacity of the -_improvements if such action proves feasible. No authorization will be granted for additional facilities that will jeopardize the privileges granted by this grant. Any additional grants authorizing larger facilities will provide for payment of costs, including the cost of construction of the original project works, on a cost- benefit ratio mutually agreeable to the Grantee and the new applicant. If the Grantee and applicant cannot agree on division of costs, the Forest Service shall decide on an equitable division between the old and new works. 11. The Grantee shall prepare and submit to the Forest Service, prior to filling of the reservoirs, an "Emergency Preparedness Plan" for possible dam failure that includes warning plans as well as emer- gency procedures to be taken if conditions occur which could be potentially dangerous to the safety of the dams. Pertinent features that must be included in the plan are: a breach inundation map, actions to prevent or reduce consequences of failure, public notification plan, assignment of responsibility for evacuation of people from downstream threatened areas, and designation of the individual responsible for implementing the plan. 12. The Grantee shall have the authorized structures inspected annual- ly and after each flood that overflows the impoundment spillways. The inspection shall be made by a qualified engineer to ensure protection to the structures. Repairs shall be made in accordance with recommendations by the inspecting engineer. A qualified engineer is one authorized to practice engineering in the State either by reason of his employment by the State or Federal Government or by registration as provided by law of the State. The engineer shall sign a written report of said inspection. Three copies of each report shall be mailed to the Forest Supervisor of the Medicine Bow National Forest. 13. The Grantee further agrees that Forest Service representatives may inspect the right -of -way and the structures thereon at any time and if not satisfied with the-then-existing protection to control soil erosion on the dam and in and below the spillway to streambed, upon written notice thereof, the Grantee shall ta}e action to provide protection to control erosion. If the Forest Service is not satisfied with any safety, operation, maintenance, or other feature or physical condition of the structures and appurtenances, upon a finding and written notice thereof, the Grantee shall comply with a request to correct, adjust, or change same. K