§179D-3  Definitions.  The followingterms, whenever used and referred to in this chapter, shall have the followingmeanings, unless a different meaning clearly appears in the context:

"Application approval" meansauthorization in writing issued by the board to an owner who has applied to theboard for permission to construct, enlarge, repair, alter, remove, maintain, oroperate a dam or reservoir and that specifies the condition or limitationsunder which work is to be performed by the owner or under which approval isgranted.

"Appurtenant works" or"appurtenance" means any structure, such as spillways in the dam orseparate therefrom, the reservoir and its rim, low level outlet works, andwater conduits, such as tunnels, pipelines, or penstocks, through the dam orits abutment.

"Board" means the board of land andnatural resources.

"Certificate of approval to impound"means authorization in writing issued by the board to an owner of an existingdam or reservoir, or an owner who has completed construction, enlargement,repair, or alteration of a dam or reservoir, that specifies the conditions orlimitations under which the dam or reservoir is to be maintained and operated.

"Dam" means any artificial barrier,including appurtenant works that impounds or diverts water and that:

(1)  Is twenty-five feet or more in height from thenatural bed of the stream or watercourse measured at the downstream toe of thebarrier, or from the lowest elevation of the outside limit of the barrier if itis not across a stream channel or watercourse to a maximum water storageelevation;

(2)  Has an impounding capacity at maximum waterstorage elevation of fifty acre-feet or more.  This chapter shall not apply toany artificial barrier that is less than six feet in height regardless ofstorage capacity or that has a storage capacity at maximum water storageelevation less than fifteen acre-feet regardless of height; or

(3)  Meets additional criteria or is specificallyexempt as determined pursuant to rules adopted by the board.

"Department" means the department ofland and natural resources.

"Emergency" includes but is notlimited to breaches and all conditions leading to or causing a breach,overtopping, or any other condition in a dam or reservoir and its appurtenantworks that may be construed as unsafe or threatening to life and property.

"Enlargement" means any change in oraddition to an existing dam or reservoir that raises or may raise the waterstorage elevation of the water impounded by the dam or reservoir.

"Hazard potential" means the possibleadverse incremental consequences that result from the release of water orstored contents due to the failure of the dam or reservoir or the misoperationof the dam, reservoir, or appurtenances.  The hazard potential classificationof a dam or reservoir shall not reflect in any way on the current condition ofthe dam or reservoir and its appurtenant works, including the dam's orreservoir's safety, structural integrity, or flood routing capacity.

"High hazard" means a dam's or reservoir'sfailure will result in probable loss of human life.

"Low hazard" means a dam's orreservoir's failure will result in no probable loss of human life and loweconomic loss or environmental loss, or both.  Economic losses are principallylimited to the owner's property.

"Operator" means any person whocontrols, manages, maintains, or supervises the condition and functions of adam or reservoir.

"Owner" means any person who has aright, title, or interest in or to the dam or reservoir or to the property uponwhich the dam, reservoir, or appurtenant works is located or proposed to belocated.

"Person" means any natural person,partnership, firm, association, organization, corporation, county, countyauthority, trust, receiver or trustee, limited liability company, limitedliability partnership, or company, or any state department, agency, orpolitical subdivision, or any other commercial or legal entity.  Whenever usedin a section prescribing and imposing a penalty or sanction, the term "person"includes the members of an association or organization, and the officers of acorporation, company, county, or county authority.

"Physical clear access" means aroadway or path that allows timely access for inspection to a dam, reservoir,and its appurtenant works.  If by a roadway, the roadway shall be maintained inan accessible condition by a four-wheel drive vehicle even during inclementweather conditions.

"Probable" means more likely than notto occur; reasonably expected; realistic.

"Removal" means complete or partialelimination of the dam or reservoir embankment or structure to restore theapproximate original topographic contours of the valley.

"Reservoir" means any basin thatcontains or will contain water impounded by a dam, including appurtenant works.

"Significant hazard" means a dam's orreservoir's failure will result in no probable loss of human life but can causemajor economic loss, environmental damage, disruption of lifeline facilities,or impact other concerns.  Significant hazard potential classification dams orreservoirs are often located in predominantly rural or agricultural areas butcould be located in areas with population and significant infrastructure. [L1987, c 199, pt of §1; am L 2007, c 262, §5]