Sec. 46.17.900. Definitions.

333 words·~2 min read·/ak/title-46/chapter-17/46-17-900

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this chapter, unless the context requires otherwise,

(1)“alteration” means only an alteration that might directly affect the safety of the dam or reservoir, as determined by the department;

(2)“appurtenant works” includes structures including spillways, either in a dam or separate from it; a reservoir and its rim; low level outlet works; and water conduits including tunnels, pipelines, or penstocks, whether running through the dam or through its abutments;

(3)“dam” includes an artificial barrier, and its appurtenant works, which may impound or divert water and which

(A)has or will have an impounding capacity at maximum water storage elevation of 50 acre-feet and is at least 10 feet in height measured from the lowest point at either the upstream or downstream toe of the dam to the crest of the dam;

(B)is at least 20 feet in height measured from the lowest point at either the upstream or downstream toe of the dam to the crest of the dam; or

(C)poses a threat to lives and property as determined by the department after an inspection;

(4)“department” means the Department of Natural Resources;

(5)“enlargement” means an alteration of an existing dam or reservoir that raises or is capable of raising the water storage elevation, or that increases the quantity of water impounded by the dam or reservoir;

(6)“owner” means a person who owns, controls, operates, maintains, manages, or proposes to construct a dam or reservoir, and includes

(A)a public utility; and

(B)the appointed or authorized agents, employees, lessees, receivers, or trustees of an owner;

(7)“person” has the meaning given in AS 01.10.060 , and includes the state and political subdivisions of the state, including the Alaska Railroad Corporation and the University of Alaska;

(8)“repair” means only a repair that might directly affect the safety of the dam or reservoir, as determined by the department;

(9)“reservoir” means a basin, appurtenant to a dam, that is capable of impounding water.