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H0592.........................................by RESOURCES AND CONSERVATION DAMS - MINE TAILINGS IMPOUNDMENT STRUCTURES - Amends existing law to provide that all dams or mine tailings impoundment structures regulated by the Department of Water Resources shall be inspected at least once every five years. 01/30 House intro - 1st rdg - to printing 02/02 Rpt prt - to Res/Con 02/24 Rpt out - rec d/p - to 2nd rdg 02/25 2nd rdg - to 3rd rdg 03/01 3rd rdg - PASSED - 61-0-9 AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bell, Black, Block, Boe, Bolz, Bradford, Cannon, Clark, Collins, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Jaquet, Jones, Kellogg, Kulczyk, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ringo, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail(Bennett), Wills, Mr. Speaker NAYS -- None Absent and excused -- Bedke, Campbell, Crow, Henbest, Lake, Ring, Roberts, Shirley, Wood Floor Sponsor - Jones Title apvd - to Senate 03/02 Senate intro - 1st rdg - to Res/Env 03/09 Rpt out - rec d/p - to 2nd rdg 03/10 2nd rdg - to 3rd rdg 03/18 3rd rdg - PASSED - 29-1-5 AYES -- Andreason, Bailey, Bunderson, Burtenshaw, Cameron, Compton, Darrington, Davis, Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, Noble, Noh, Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams NAYS -- Calabretta Absent and excused -- Brandt, Burkett, Gannon, McWilliams, Pearce Floor Sponsor - Burtenshaw Title apvd - to House 03/19 To enrol - Rpt enrol - Sp signed - Pres signed 03/22 To Governor 03/23 Governor signed Session Law Chapter 168 Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 592 BY RESOURCES AND CONSERVATION COMMITTEE 1 AN ACT 2 RELATING TO WATER STORAGE AND MINE TAILINGS DAMS; AMENDING SECTION 42-1717, 3 IDAHO CODE, TO PROVIDE THAT ALL DAMS OR MINE TAILINGS IMPOUNDMENT STRUC- 4 TURES REGULATED BY THE DEPARTMENT OF WATER RESOURCES SHALL BE INSPECTED AT 5 LEAST ONCE EVERY FIVE YEARS AND TO MAKE A TECHNICAL CORRECTION. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 42-1717, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 42-1717. JURISDICTION OVER SUPERVISION OF MAINTENANCE, OPERATION AND 10 INSPECTION OF DAMS AND MINE TAILINGS IMPOUNDMENT STRUCTURES. Supervision over 11 the maintenance and operation of dams, reservoirs and mine tailings impound- 12 ment structures insofar as necessary to safeguard life and property from 13 injury by reason of the failure thereof is vested in the director of the 14 department of water resources. The director shall at state expense inspect or 15 cause to be inspected, as often as he thinks advisable, every dam used for 16 holding water and mine tailings impoundment structure used for holding tail- 17 ings slurry in this state; however, all dams twenty (20) feet or more in18 heightor mine tailings impoundment structures more than thirty (30) feet in19 heightregulated by the department shall be inspected at least once every two20 (2)five (5) years, and if after any such inspection such dam or mine tailings 21 impoundment structure, in the opinion of the director, is unsafe, and life or 22 property liable to be endangered by reason thereof, the director shall give 23 written notice and order by certified mail or by personal service upon the 24 owner or owners to remove or repair the same so as to make it safe. If such 25 owner or owners shall neglect or refuse to remove or repair the same after 26 notice to that effect has been given in writing by the director, the director 27 may draw off all or part of such water from behind such dam, embankment or 28 mine tailings slurry from behind mine tailings impoundment structure and keep 29 said water or mine tailings slurry drawn off until such time as the orders 30 shall be complied with. In determining whether or not a dam, reservoir or mine 31 tailings impoundment structure or proposed dam, reservoir or mine tailings 32 impoundment structure constitutes or would constitute a danger to life or 33 property, the director shall take into consideration the possibility that the 34 dam, reservoir or mine tailings impoundment structure might be endangered by 35 overtopping, seepage, settlement, erosion, cracking, earth movement or other 36 conditions which exist or might occur in any area in the vicinity of the dam, 37 reservoir or mine tailings impoundment structure. 38 No action shall be brought against the state, the water resource board, 39 the director, or the department of water resources or their respective agents 40 or employees for the recovery of damages caused by the partial or total fail- 41 ure of any dam, reservoir or mine tailings impoundment structure or through 42 the operation of any dam, reservoir or mine tailings impoundment structure 43 upon the ground that such defendant is liable by virtue of any of the follow- 2 1 ing: 2 (a) The approval of the dam, reservoir or mine tailings impoundment 3 structure. 4 (b) The issuance or enforcement of orders relative to maintenance or 5 operation of the dam, reservoir or mine tailings impoundment structure. 6 (c) Control and regulation of the dam, reservoir or mine tailings 7 impoundment structure. 8 (d) Measures taken to protect against failure during an emergency. 9 (e) The use of design and construction criteria prepared by the depart- 10 ment. 11 (f) The failure to issue or enforce orders, to control or regulate dams, 12 or to take measures to protect against dam failure. 13 No action shall be brought by the state against the owner for pollution 14 which may occur in the event that the director orders emergency dumping or 15 bypassing. 16 Nothing in this part shall be construed to relieve an owner or operator of 17 a dam, reservoir or mine tailings impoundment structure of the legal duties, 18 obligations or liabilities incident to the ownership or operation of the dam, 19 reservoir or mine tailings impoundment structure. 20 The findings and orders of the director and the certificate of approval of 21 any dam, reservoir or mine tailings impoundment structure issued by the direc- 22 tor are final and conclusive and binding upon all state agencies, regulatory 23 or otherwise, as to the safety of design, construction, maintenance and opera- 24 tion of any dam, reservoir or mine tailings impoundment structure. 25 The director may require owners to keep records of, and to report on, 26 maintenance, operation, staffing and engineering and geologic investigations, 27 and the water resource board shall issue such rules and regulationsas neces- 28 sary to secure maintenance and operation and to require staffing and engineer- 29 ing and geologic investigations which will safeguard life and property. In 30 addition, the owner of a dam, reservoir or mine tailings impoundment structure 31 or his agent shall fully and promptly advise the department of any sudden or 32 unprecedented flood or unusual or alarming circumstance or occurrence affect- 33 ing the safety of the dam, reservoir or mine tailings impoundment structure. 34 The director, from time to time, shall make inspections of dams, reservoirs 35 and mine tailings impoundment structures at state expense for the purpose of 36 determining their safety, but shall require owners to perform at their expense 37 such work as necessary to disclose information sufficient to enable the direc- 38 tor to determine conditions of dams, reservoirs, and mine tailings impoundment 39 structures in regard to their safety and to perform at their expense other 40 work necessary to secure maintenance and operation which will safeguard life 41 and property.
STATEMENT OF PURPOSE RS 13460 The purpose of this legislation is to amend Section 42-1717, Idaho Code, to modify the maximum length of time between inspections of water storage and mine tailings dams. This legislation will allow inspections to be performed at federally-owned and federally- regulated dams on cycles that match current standard practice at those types of facilities. The amending language will also include water storage dams between 10 and 20 feet in height that currently do not have a specified inspection frequency, but which are currently being routinely inspected on a periodic basis. FISCAL IMPACT Enactment of this legislation would result in more efficient use of a portion of the Department's general fund appropriations. No other state or local funds would be affected. CONTACT Name: Karl J. Dreher Agency: Department of Water Resources Phone: (208) 327-7910 Statement of Purpose/Fiscal Impact H 592