US Laws, Codes, Statutes & Cases

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 17
                       DEPARTMENT OF WATER RESOURCES --
                             WATER RESOURCE BOARD
    42-1715.  INSPECTION DURING CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR
OR REMOVAL OF DAMS AND MINE TAILINGS IMPOUNDMENT STRUCTURES -- EFFECT OF
NONCOMPLIANCE. During the construction, enlargement, repair, alteration, or
removal of any dam, reservoir or mine tailings impoundment structure, the
director shall make or cause to have made continuous or periodical inspections
at state expense for the purpose of securing conformity with the approved
plans and specifications, but shall require the owner to perform at his
expense such work or tests as necessary to disclose information sufficient to
enable him to determine that conformity with the approved plans and
specifications is being secured, which shall include adequate inspection, at
owner's expense to verify compliance with approved plans, drawings and
specifications.
    The work of construction, enlargement, repair, alteration or removal of a
dam, reservoir or mine tailings impoundment structure, for which approved
plans, drawings and specifications are required, shall be under the
responsible charge of a registered professional engineer who is registered
according to Idaho law or by such other person as provided in section 54-1223,
Idaho Code, and who shall certify that such construction, enlargement, repair,
alteration or removal was done in accordance with approved plans, drawings and
specifications. If, after any inspections, investigations or examinations, or
at any time as the work progresses, or at any time prior to issuance of a
certificate of approval, it is found by the director that amendment
[amendments], modifications or changes are necessary to insure safety, the
director may order the owner to revise the plans and specifications. If
conditions are revealed which will not permit the construction of a safe dam,
reservoir or mine tailings impoundment structure, the approval may be revoked.
In the event that conditions imposed may be waived or made less burdensome
without sacrificing a proper margin of safety, the director may authorize an
owner to revise the plans and specifications accordingly. If at any time
during construction, enlargement, repair or alterations [alteration] of any
dam, reservoir or mine tailings impoundment structure the director finds that
the work is not being done in accordance with the provision of the approval
and the approved plans and specifications, he shall give a written notice and
order by certified mail or by personal service to the owner. The notice and
order shall state the particulars in which the approval and approved plans and
specifications or the approval and approved plans and specifications as
revised are not being or have not been complied with and shall order the
immediate compliance with the approval and approved revised plans and
specifications as the case may be. The director may order that no further work
be done until such compliance has been effected and approved by him. A failure
to comply with the approval and approved plans and specifications as
originally approved or as revised shall render the approval subject to
revocation by the director, if compliance is not made in accordance therewith
after notice and order from him as provided in this chapter.