46-1652. Construction or enlargement of dam; application for approval; contents.

429 words·~2 min read·/ne/chapter-46/46-1652

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

(1)Construction of any new dam or the enlargement of any dam shall not commence until the owner has applied for and obtained from the Chief Water Officer written application approval of plans and specifications.

(2)A separate application for each dam shall be filed with the Chief Water Officer upon forms provided by the Chief Water Officer. Plans and specifications signed and sealed by the design engineer shall accompany the application.

(3)The application shall provide the following information:

(a)The name and address of the owner;

(b)The name and address of the applicant, if different from the owner;

(c)The name and address of the operator or other person to be contacted regarding arrangements for inspections or other matters associated with the dam;

(d)The location, type, size, purpose, and height of the proposed dam;

(e)The reservoir surface areas and associated storage capacity at elevation intervals not exceeding two feet;

(f)Plans for proposed permanent instrument installations in the dam;

(g)The area of the drainage basin, rainfall records, streamflow records, and flood flow records and estimates, if available;

(h)Maps and design drawings showing plans, elevations, and sections of all principal structures and appurtenant works with other features of the project in sufficient detail, including design analyses, to determine safety, adequacy, and suitability of design;

(i)The estimated construction cost of the dam; and

(j)Such other pertinent information as the Chief Water Officer requires.

(4)The Chief Water Officer may, when in the Chief Water Officer's judgment it is necessary, also require the following:

(a)Data concerning subsoil and rock foundation conditions and the materials involved in the construction of the dam;

(b)Investigations of, and reports on, subsurface conditions, exploratory pits, trenches and adits, drilling, coring, and geophysical tests to measure in place and in the laboratory the properties and behavior of foundation materials at the dam site;

(c)Investigations and reports on the geology of the dam site, possible geologic hazards, seismic activity, faults, weak seams and joints, availability and quality of construction materials, and other pertinent features; and

(d)Other appropriate information.

(5)If an application is incomplete or defective, it shall be returned to the applicant to complete or to correct the defects. The application shall be corrected and returned to the Chief Water Officer within ninety days after it is returned to the applicant or within such additional time as may be allowed by the Chief Water Officer. If the application is returned to the Chief Water Officer after expiration of such time period, it shall be dismissed.