45-1202. Jurisdiction of director of water
resources; records; rules; notice of exemption


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 construct, reconstruct, repair, operate, maintain, enlarge, remove or
alter any dam except upon approval of the director.


B. The records pertaining to dam supervision are public documents.


C. The director shall adopt and revise rules and issue general orders to effectuate
this article.


D. To qualify for an exemption for a release-contained barrier, the owner of an
existing or proposed release-contained barrier shall submit to the director a notice of
exemption. The director shall accept or reject a notice of exemption within thirty days
after receipt of both of the following:


1. A statement signed by the owner that:


(a) The storage capacity of the release-contained barrier would be contained within
property that the release-contained barrier owner owns, operates, controls, maintains or
manages and that is not open to the public.


(b) The release-contained barrier owner will maintain downstream containment
structures or sites with sufficient containment throughout the useful life of the
release-contained barrier.


2. A topographic site plan that shows:


(a) The property lines and ownership status of the land.


(b) Any areas of the property that are open to the public.


(c) The locations and storage capacities of the release-contained barrier and the
downstream containment structures or sites.


E. The director may conduct site inspections to verify the release-contained
barrier exemption.