Title 45 — Waters

In this article, unless the context otherwise requires: 1. "Dam" means any artificial barrier, including appurtenant works for the impounding or diversion of water, twenty-five feet or more in height or the storage capacity of which will be more than fifty acre-feet but does not …

A. All dams are under the jurisdiction of the director of water resources. Dams of the state, or any political subdivisions thereof, or dams of public utilities, and all dams within the state are included within the jurisdiction conferred by this section. It is unlawful to constr…

A. Construction of a dam or enlargement of an existing dam shall not be commenced until a written approval of plans and specifications has been obtained from the director. B. A separate application for each dam shall be filed with the director upon forms provided by him, reciting…

A. The estimated cost of the dam or alterations thereof shall include the cost of all labor and materials entering into the construction of the dam and appurtenant works. The cost of preliminary investigation and surveys, the construction plant and all other items properly includ…

A. Upon all projects for which approval is required by the state certification board, or which involve examination, supervision and inspection by the director, whether in connection with the construction of a dam or otherwise, the following shall be paid: 1. For irrigation projec…

A. Before commencing the repair, alteration or removal of a dam, application shall be made for written approval by the director, except as otherwise provided by this article. The application shall state the name and address of the applicant, shall adequately detail the changes it…

A. Upon receipt of an application, the director shall approve, disapprove or approve subject to conditions necessary to insure safety. B. A defective application shall not be rejected, but notice of the defects shall be sent to the applicant by registered mail. If the applicant f…

A. During the construction, enlargement, repair, alteration or removal of a dam the director shall make such inspections, investigations or examinations as he deems necessary to enforce the provisions of his approval and the plans and specifications as approved. If thereafter as …

A. Immediately upon completion or enlargement of a dam, notice of completion shall be given to the director. As soon as possible thereafter supplementary drawings or descriptive matter showing or describing the dam as actually constructed shall be filed with the director which sh…

Except as otherwise provided in this article, a petition for review by a board of review of any approval, disapproval or order of the director concerning plans, specifications, construction or maintenance pertaining to any dam may be filed by the owner or applicant, or by three l…

A. The petition for review shall be in writing and shall be filed with the director within ten days after issuance of the approval, disapproval or order of which complaint is made. Upon receipt of the petition, the director shall prepare a list of ten qualified experts. Within te…

A. Supervision over the maintenance and operation of dams to safeguard life and property is vested exclusively in the director. The director shall make complete inspections, require reports from owners or operators and issue rules and orders necessary to secure maintenance and op…

A. The dam repair fund is established consisting of monies appropriated by the legislature, and monies collected by the director in full or partial satisfaction of a lien created by section 45-1212, subsection D and monies collected pursuant to section 45-1220. B. Monies in the f…

Upon receipt of a written complaint that the person or property of the complainant is endangered by any dam, the director shall inspect such dam unless his records disclose that the complaint is without merit. If the complainant insists upon an inspection and deposits with the di…

The director shall make investigations and assemble data for a proper review and study of the design and construction of dams, reservoirs and appurtenances, and shall make watershed investigations to facilitate decisions on public safety. The director or his representatives may e…

A. No action shall be brought or maintained against the state, or any of its departments, agencies or officials thereof, or any of their employees or agents, for damages sustained through the partial or total failure of any dam or its maintenance by reason of control and regulati…

A. It is unlawful for an owner, director, officer, agent, employee, contractor or his agents to construct, reconstruct, repair, enlarge, alter or remove a dam without an approval as provided in this chapter, or contrary to an approval issued. It is unlawful for the agents or empl…

A. The director may take any legal action proper and necessary for the enforcement of this chapter. B. An action or proceeding under this section may be commenced whenever any owner or any person acting as a director, officer, agent or employee of any owner, or any contractor or …

A. The director may grant loans from the dam repair fund to dam owners to defray the costs of repairing dams which the director determines to be dangerous to the safety of life and property but which are not in an emergency condition. Loans shall be granted on such terms and cond…

The director may provide grants from the dam repair fund to dam owners to defray the costs of repairing dams which the director determines to be dangerous to the safety of life and property but which are not in an emergency condition. Grants shall be provided on such terms and co…

A. Monies appropriated by the legislature for nonemergency dam repair, dam safety inspection fees collected pursuant to section 45-113, filing fees collected pursuant to section 45-1204 and payments of principal and interest collected by the director pursuant to section 45-1218 s…

A. Except as provided by subsection B of this section, if the director has reason to believe that a person is violating or has violated a provision of this article or a license, rule or order issued or adopted pursuant to this article, the director may give the person written not…

A. A person who is determined pursuant to section 45-1221 to be in violation of this article or a license, rule or order issued or adopted pursuant to this article may be assessed a civil penalty in an amount not exceeding one thousand dollars per day of violation. B. The directo…

A. A decision of the director shall not be stayed pending an action for judicial review, except that the judge to whom the action for judicial review has been assigned may stay the decision of the director with or without bond on a showing of good cause. In determining if good ca…