Distribution and Storage of Water
Actual or potential dam failure
(1)If an actual or potential dam failure creates an imminent risk to life, property or public infrastructure, and an emergency action plan exists for the dam, the dam owner shall immediately implement the actions specified in the plan.
(2)If an actual or potential dam failure creates an imminent risk to life, property or public infrastructure, and no emergency action plan exists for the dam, the dam owner shall immediately:
(a)Notify by telephone or other method that ensures immediate notification:
(A)If the dam has a significant hazard rating, the local emergency services agency for the county where the dam is located;
(B)The Water Resources Department; and
(C)To the extent practicable, persons in areas where the potential for dam failure creates a risk to life, property or public infrastructure; and
(b)Take all practicable actions to prevent dam failure.
(3)If the department is aware of conditions that indicate the need for immediate action to prevent dam failure, the department may advise the owner or operator of the dam or the individual in immediate charge of the dam regarding the actions necessary to prevent the dam failure.
(4)The department may communicate and coordinate actions necessary to reduce the risk of dam failure. If there is a rapidly increasing leakage or risk of overtopping at a dam that has a significant hazard rating or high hazard rating, the department may open gates or valves and may siphon or pump water to reduce the water level in the reservoir. Activities under this subsection by the department do not relieve the owner, the operator or an individual in immediate charge of a dam from the responsibility to prevent the dam failure.
(5)If a dam that has a significant hazard rating or high hazard rating presents an imminent risk of dam failure, the department or its agent or representative may enter without notice or permission upon any property that affords access to the dam to the extent entry is reasonable or necessary to allow evaluation of the condition or risk or to undertake actions described in subsection (4) of this section. [2019 c.390 §16]
Law Review Citations
11 EL 390 (1981)