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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 in
18 height or mine tailings impoundment structures more than thirty (30) feet in
19 height regulated by the department shall be inspected at least once every two
20 (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 regulations as 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