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



"Application approval" means
authorization in writing issued by the board to an owner who has applied to the
board for permission to construct, enlarge, repair, alter, remove, maintain, or
operate a dam or reservoir and that specifies the condition or limitations
under which work is to be performed by the owner or under which approval is
granted.



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



"Board" means the board of land and
natural resources.



"Certificate of approval to impound"
means authorization in writing issued by the board to an owner of an existing
dam or reservoir, or an owner who has completed construction, enlargement,
repair, or alteration of a dam or reservoir, that specifies the conditions or
limitations 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 the
natural bed of the stream or watercourse measured at the downstream toe of the
barrier, or from the lowest elevation of the outside limit of the barrier if it
is not across a stream channel or watercourse to a maximum water storage
elevation;



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



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



"Department" means the department of
land and natural resources.



"Emergency" includes but is not
limited to breaches and all conditions leading to or causing a breach,
overtopping, or any other condition in a dam or reservoir and its appurtenant
works that may be construed as unsafe or threatening to life and property.



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



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



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



"Low hazard" means a dam's or
reservoir's failure will result in no probable loss of human life and low
economic loss or environmental loss, or both.  Economic losses are principally
limited to the owner's property.



"Operator" means any person who
controls, manages, maintains, or supervises the condition and functions of a
dam or reservoir.



"Owner" means any person who has a
right, title, or interest in or to the dam or reservoir or to the property upon
which the dam, reservoir, or appurtenant works is located or proposed to be
located.



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



"Physical clear access" means a
roadway 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 in
an accessible condition by a four-wheel drive vehicle even during inclement
weather conditions.



"Probable" means more likely than not
to occur; reasonably expected; realistic.



"Removal" means complete or partial
elimination of the dam or reservoir embankment or structure to restore the
approximate original topographic contours of the valley.



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



"Significant hazard" means a dam's or
reservoir's failure will result in no probable loss of human life but can cause
major economic loss, environmental damage, disruption of lifeline facilities,
or impact other concerns.  Significant hazard potential classification dams or
reservoirs are often located in predominantly rural or agricultural areas but
could be located in areas with population and significant infrastructure. [L
1987, c 199, pt of §1; am L 2007, c 262, §5]