46-1668 – Violations; civil penalty.
46-1668. Violations; civil penalty. (1) Any person who violates the Safety of Dams and Reservoirs Act or an application approval, an approval to operate, a rule, a regulation, an order, or a requirement of the department under the act may be assessed a civil penalty in an amount not to exceed five hundred dollars per […]
46-1669 – Appeal.
46-1669. Appeal. Any affected person aggrieved by any final order or decision made by the director pursuant to the Safety of Dams and Reservoirs Act may appeal the order as provided in section 61-207. For purposes of this section, affected person means the applicant or holder of any approvals under the act and any owner […]
46-1670 – Existing unapproved dams; requirements.
46-1670. Existing unapproved dams; requirements. (1) Every owner of a dam subject to the Safety of Dams and Reservoirs Act that was completed prior to September 4, 2005, and not previously approved by the department when departmental approval was otherwise required shall file an application with the department for approval of such dam. (2) A […]
46-1701 – Water augmentation project for streamflow enhancement; joint entity or natural resources district; voluntary payments in lieu of taxes; duties; notice; hearing; annual report; contents.
46-1701. Water augmentation project for streamflow enhancement; joint entity or natural resources district; voluntary payments in lieu of taxes; duties; notice; hearing; annual report; contents. (1) Any joint entity created pursuant to the Interlocal Cooperation Act or natural resources district that acquires title to private lands for the purpose of developing and operating a water […]
46-1659 – Removal, breach, or abandonment of dam; design engineer; duties; department; powers.
46-1659. Removal, breach, or abandonment of dam; design engineer; duties; department; powers. (1) Upon completion of the removal, breach, or abandonment of a dam, the design engineer shall file with the department a completion certification. (2) Before final approval of the removal of a dam is issued, the department may inspect the site of the […]
46-1660 – Approval to operate; department; powers; hearing; notice.
46-1660. Approval to operate; department; powers; hearing; notice. (1) Each approval to operate issued by the department under the Safety of Dams and Reservoirs Act shall contain such terms and conditions as the department may prescribe. (2) The department shall revoke, suspend, or amend any approval to operate whenever it determines that the dam constitutes […]
46-1661 – Complaint; department; duties; unsafe condition; modification.
46-1661. Complaint; department; duties; unsafe condition; modification. (1) Upon receipt of a written complaint alleging that the person or property of the complainant is endangered by the construction, reconstruction, enlargement, alteration, breach, removal, or abandonment of any dam, the department shall cause an inspection and investigation to be made unless the data, records, and inspection […]
46-1662 – Periodic inspections; when; department; powers and duties.
46-1662. Periodic inspections; when; department; powers and duties. (1) During the construction, reconstruction, enlargement, alteration, breach, removal, or abandonment of any dam, the department may make periodic inspections for the purpose of ascertaining compliance with the approved plans and specifications. The department shall require the owner to direct the design engineer to provide adequate supervision […]
46-1663 – Record-keeping requirements; maintenance, operation, and inspection; department; powers.
46-1663. Record-keeping requirements; maintenance, operation, and inspection; department; powers. (1) The department shall require owners to keep original records and any modifications to construction available and in good order. (2) The department may: (a) Adopt such rules and regulations and issue such orders as necessary to secure adequate maintenance, operation, and inspection by owners; (b) […]
46-1648 – Right of entry upon private property; when; immunity.
46-1648. Right of entry upon private property; when; immunity. In making any investigation or inspection necessary to enforce or implement the Safety of Dams and Reservoirs Act, the department or its representatives, upon reasonable notice, may enter upon private property of the dam and reservoir owner as necessary. Such right of entry shall extend to […]