US Laws, Codes, Statutes & Cases

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 17
                       DEPARTMENT OF WATER RESOURCES --
                             WATER RESOURCE BOARD
    42-1717.  JURISDICTION OVER SUPERVISION OF MAINTENANCE, OPERATION AND
INSPECTION OF DAMS AND MINE TAILINGS IMPOUNDMENT STRUCTURES. Supervision over
the maintenance and operation of dams, reservoirs and mine tailings
impoundment structures insofar as necessary to safeguard life and property
from injury by reason of the failure thereof is vested in the director of the
department of water resources. The director shall at state expense inspect or
cause to be inspected, as often as he thinks advisable, every dam used for
holding water and mine tailings impoundment structure used for holding
tailings slurry in this state; however, all dams or mine tailings impoundment
structures regulated by the department shall be inspected at least once every
five (5) years, and if after any such inspection such dam or mine tailings
impoundment structure, in the opinion of the director, is unsafe, and life or
property liable to be endangered by reason thereof, the director shall give
written notice and order by certified mail or by personal service upon the
owner or owners to remove or repair the same so as to make it safe. If such
owner or owners shall neglect or refuse to remove or repair the same after
notice to that effect has been given in writing by the director, the director
may draw off all or part of such water from behind such dam, embankment or
mine tailings slurry from behind mine tailings impoundment structure and keep
said water or mine tailings slurry drawn off until such time as the orders
shall be complied with. In determining whether or not a dam, reservoir or mine
tailings impoundment structure or proposed dam, reservoir or mine tailings
impoundment structure constitutes or would constitute a danger to life or
property, the director shall take into consideration the possibility that the
dam, reservoir or mine tailings impoundment structure might be endangered by
overtopping, seepage, settlement, erosion, cracking, earth movement or other
conditions which exist or might occur in any area in the vicinity of the dam,
reservoir or mine tailings impoundment structure.
    No action shall be brought against the state, the water resource board,
the director, or the department of water resources or their respective agents
or employees for the recovery of damages caused by the partial or total
failure of any dam, reservoir or mine tailings impoundment structure or
through the operation of any dam, reservoir or mine tailings impoundment
structure upon the ground that such defendant is liable by virtue of any of
the following:
    (a)  The approval of the dam, reservoir or mine tailings impoundment
structure.
    (b)  The issuance or enforcement of orders relative to maintenance or
operation of the dam, reservoir or mine tailings impoundment structure.
    (c)  Control and regulation of the dam, reservoir or mine tailings
impoundment structure.
    (d)  Measures taken to protect against failure during an emergency.
    (e)  The use of design and construction criteria prepared by the
department.
    (f)  The failure to issue or enforce orders, to control or regulate dams,
or to take measures to protect against dam failure.
    No action shall be brought by the state against the owner for pollution
which may occur in the event that the director orders emergency dumping or
bypassing.
    Nothing in this part shall be construed to relieve an owner or operator of
a dam, reservoir or mine tailings impoundment structure of the legal duties,
obligations or liabilities incident to the ownership or operation of the dam,
reservoir or mine tailings impoundment structure.
    The findings and orders of the director and the certificate of approval of
any dam, reservoir or mine tailings impoundment structure issued by the
director are final and conclusive and binding upon all state agencies,
regulatory or otherwise, as to the safety of design, construction, maintenance
and operation of any dam, reservoir or mine tailings impoundment structure.
    The director may require owners to keep records of, and to report on,
maintenance, operation, staffing and engineering and geologic investigations,
and the water resource board shall issue such rules as necessary to secure
maintenance and operation and to require staffing and engineering and geologic
investigations which will safeguard life and property. In addition, the owner
of a dam, reservoir or mine tailings impoundment structure or his agent shall
fully and promptly advise the department of any sudden or unprecedented flood
or unusual or alarming circumstance or occurrence affecting the safety of the
dam, reservoir or mine tailings impoundment structure. The director, from time
to time, shall make inspections of dams, reservoirs and mine tailings
impoundment structures at state expense for the purpose of determining their
safety, but shall require owners to perform at their expense such work as
necessary to disclose information sufficient to enable the director to
determine conditions of dams, reservoirs, and mine tailings impoundment
structures in regard to their safety and to perform at their expense other
work necessary to secure maintenance and operation which will safeguard life
and property.