45-1441

45-1441. Definitions

In this chapter, unless the context otherwise requires:

1. "Design flood" means a selected flood against which protection is provided, or
eventually will be provided, by means of flood protective or control works. When a
federal survey has been authorized the design flood will be determined by the appropriate
federal agency and in all other cases it will be determined by the responsible public
agency. It is the basis for design and operation of a particular project after full
consideration of flood characteristics, frequencies, and potentials and economic and
other practical considerations.

2. "Designated floodway" means the channel of a stream and that portion of the
adjoining flood plain required to reasonably provide for the construction of a project
for passage of the design flood, including lands necessary for construction of project
levees.

3. "Flood control project" means any project for flood control purposes on which
construction commences after April 19, 1973 and which either:

(a) Is authorized under federal law and requires local participation.

(b) Is authorized under state law.

4. "Lands, easements and rights-of-way" means:

(a) Lands and rights of interest in lands necessary for flood control storage,
channel improvements and channel rectifications.

(b) Lands, rights or interests in lands necessary in connection with the
construction, operation or maintenance of such storage, channel improvements and
rectifications, including those necessary for flowage purposes, spoil areas, borrow pits
or for access roads.

(c) The cost of the relocation, reconstruction or replacement of existing
improvements, structures or utilities rendered necessary by such channel improvements and
rectifications.

(d) Land enhancement costs, if any, charged to a public agency by a federal agency
in connection with construction of a flood control project.

5. "Public agency" means any state agency or political subdivision of the state.