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H0635aaS......................................by RESOURCES AND CONSERVATION
DAMS - DEPARTMENT OF WATER RESOURCES - Amends existing law to further
define the term "dam" to clarify the jurisdiction of the Department of
Water Resources relative to certain barriers that store water; to include a
reference to criteria for barriers; and to regulate liability when relying
on criteria.
02/10 House intro - 1st rdg - to printing
02/11 Rpt prt - to Res/Con
02/20 Rpt out - rec d/p - to 2nd rdg
02/23 2nd rdg - to 3rd rdg
02/25 3rd rdg - PASSED - 54-12-4
AYES -- Barraclough, Barrett, Bauer, Bayer, Bedke, Bell, Black,
Block, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy,
Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(23), Gagner,
Garrett, Harwood, Jones, Kellogg, Kulczyk, Lake, Langford, McGeachin,
McKague, Meyer, Miller, Moyle, Naccarato, Raybould, Ridinger, Ring,
Roberts, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood
NAYS -- Andersen, Boe, Douglas, Henbest, Jaquet, Langhorst, Martinez,
Mitchell, Pasley-Stuart, Ringo, Robison, Smith(30)
Absent and excused -- Eberle, Field(18), Nielsen, Mr. Speaker
Floor Sponsor - Campbell
Title apvd - to Senate
02/26 Senate intro - 1st rdg - to Res/Env
03/09 Rpt out - to 14th Ord
03/11 Rpt out amen - to 1st rdg as amen
03/12 1st rdg - to 2nd rdg as amen
03/15 2nd rdg - to 3rd rdg as amen
03/16 3rd rdg as amen - PASSED - 29-0-6
AYES -- Andreason, Bailey, Brandt, Bunderson, Calabretta, Cameron,
Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Kennedy,
Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams,
Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet,
Werk
NAYS -- None
Absent and excused -- Burkett, Burtenshaw, Ingram, Noble, Noh,
Williams
Floor Sponsor - Little
Title apvd - to House
03/17 House concurred in Senate amens - to engros
03/18 Rpt engros - 1st rdg - to 2nd rdg as amen
03/19 2nd rdg - to 3rd rdg as amen
03/20 3rd rdg as amen - PASSED - 64-0-6
AYES -- Andersen, Barraclough, Barrett, Bayer, Bedke, Bell, Black,
Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins, Crow, Cuddy,
Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet, Jones,
Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,
McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,
Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts, Robison,
Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
Smith(30), Smylie, Snodgrass, Stevenson, Wills, Wood
NAYS -- None
Absent and excused -- Bauer, Clark, Harwood, Smith(24), Trail, Mr.
Speaker
Floor Sponsor - Campbell
Title apvd - To enrol - Rpt enrol - Sp signed
03/20 Pres signed
03/22 To Governor
03/23 Governor signed
Session Law Chapter 180
Effective: 03/23/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 635
BY RESOURCES AND CONSERVATION COMMITTEE
1 AN ACT
2 RELATING TO JURISDICTION OF THE DEPARTMENT OF WATER RESOURCES; AMENDING SEC-
3 TION 42-1711, IDAHO CODE, TO FURTHER DEFINE THE TERM "DAM" TO CLARIFY THE
4 JURISDICTION OF THE DEPARTMENT OF WATER RESOURCES; DECLARING AN EMERGENCY
5 AND PROVIDING APPLICATION TO PENDING PROCEDURES.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 42-1711, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 42-1711. DEFINITIONS. Unless the context otherwise requires, the follow-
10 ing definitions govern the construction of this chapter.
11 (a) "Department" means the department of water resources.
12 (b) "Dam" means any artificial barrier, together with appurtenant works,
13 constructed for the purpose of storing water or that stores water, which is
14 ten (10) feet or more in height from the natural bed of the stream or water-
15 course at the downstream toe of the barrier, as determined by the department,
16 or from the lowest elevation of the outside limit of the barrier, if it is not
17 across a stream channel or watercourse, to the maximum water storage eleva-
18 tion, or has or will have an impounding capacity at maximum storage elevation
19 of fifty (50) acre-feet or more. The following are not included as regulated
20 dams or are not considered dams for the purposes of sections 42-1710 through
21 42-1721, Idaho Code; provided however, barriers defined in paragraphs (1) and
22 (2), below, shall remain under the exclusive jurisdiction of the department:
23 (1) Barriers constructed in low risk areas as determined by the director,
24 which are six (6) feet or less in height, regardless of storage capacity.
25 (2) Barriers constructed in low risk areas as determined by the director,
26 which impound ten (10) acre-feet or less at maximum water storage eleva-
27 tion, regardless of height.
28 (3) Barriers in a canal used to raise or lower water therein or divert
29 water therefrom.
30 (4) Fills or structures determined by the director to be designed primar-
31 ily for highway or railroad traffic.
32 (5) Fills, retaining dikes or structures less than twenty (20) feet in
33 height, which are under jurisdiction of the department of environmental
34 quality or the department of agriculture, determined by the director of
35 the department of water resources to be designed primarily for retention
36 or treatment of municipal, livestock, or domestic wastes, or sediment and
37 wastes from produce washing or food processing plants.
38 (6) Levees that store water regardless of storage capacity.
39 (c) "Levee" means a retaining structure alongside a natural lake which
40 has a length that is two hundred (200) times or more greater than its greatest
41 height measured from the lowest elevation of the toe to the maximum crest ele-
42 vation of the retaining structure.
43 (d) "Reservoir" means any basin which contains or will contain the water
2
1 impounded by a dam.
2 (e) "Owner" includes any of the following who own, control, operate,
3 maintain, manage, or propose to construct a dam, reservoir or mine tailings
4 impoundment structure:
5 (1) The state of Idaho and its departments, agencies, institutions and
6 political subdivisions;
7 (2) The United States of America and any of its departments, bureaus,
8 agencies and institutions; provided that the United States of America
9 shall not be required to pay any of the fees required by section 42-1713,
10 Idaho Code, and shall submit plans, drawings and specifications as
11 required by section 42-1712, Idaho Code, for information purposes only;
12 (3) Every municipal or quasi-municipal corporation;
13 (4) Every public utility;
14 (5) Every person, firm, association, organization, partnership, business
15 trust, corporation or company;
16 (6) The duly authorized agents, lessees, or trustees of any of the fore-
17 going; or
18 (7) Receivers or trustees appointed by any court for any of the forego-
19 ing.
20 (f) "Alterations," "repairs," or either of them, mean only such altera-
21 tions or repairs as may directly affect the safety of the dam, reservoir or
22 mine tailings impoundment structure, as determined by the department.
23 (g) "Enlargement" means any change in or addition to an existing dam,
24 reservoir or mine tailings impoundment structure, which raises or may raise
25 the water storage elevation of the water impounded by the dam or mine tailings
26 slurry impounded by the mine tailings impoundment structure.
27 (h) "Water storage elevation" means the maximum elevation of water sur-
28 face which can be obtained by the dam or reservoir.
29 (i) "Storage capacity" means the total storage at the maximum storage
30 elevation.
31 (j) "Days" used in establishing deadlines means calendar days including
32 Sundays and holidays.
33 (k) "Certificate of approval" means a certificate issued by the director
34 for all dams or mine tailings impoundment structures listing restrictions
35 imposed by the director, and without which no new dams shall be allowed to
36 impound water or mine tailings impoundment structures shall be allowed to
37 impound mine tailings slurry.
38 (l) "Mine tailings impoundment structure" means any artificial embankment
39 which is or will be more than thirty (30) feet in height measured from the
40 lowest elevation of the toe to the maximum crest elevation constructed for the
41 purpose of storing mine tailings slurry.
42 (m) "Lift construction" means mine tailings impoundment structure
43 enlargement by raising the elevation of the structure on a continuous or re-
44 curring basis. Such practice will be considered under construction until the
45 structure reaches its final crest elevation.
46 (n) "Mine tailings impoundment elevation" means the maximum elevation of
47 stored mine tailings which can be obtained by the impounding structure.
48 (o) "Mine tailings slurry" means all slurry wastes from a mineral proc-
49 essing or mining operation.
50 (p) "Mine tailings storage capacity" means the total storage volume of
51 the impounding area when filled with tailings to the maximum designed storage
52 elevation.
53 SECTION 2. An emergency existing therefor, which emergency is hereby
54 declared to exist, this act shall be in full force and effect on and after its
3
1 passage and approval, and shall apply to any proceeding before any administra-
2 tive or judicial tribunal pending on the effective date of this act, or initi-
3 ated subsequent thereto without regard to any other provision of law.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
Moved by Little
Seconded by Cameron
IN THE SENATE
SENATE AMENDMENT TO H.B. NO. 635
1 AMENDMENTS TO THE BILL
2 On page 2 of the printed bill, following line 52, insert:
3 "SECTION 2. That Section 42-1712, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 42-1712. CONSTRUCTION, ENLARGEMENT, ALTERATION OR REPAIR OF DAMS -- SUB-
6 MISSION OF DUPLICATE PLANS, DRAWINGS AND SPECIFICATIONS. Owners who shall
7 desire to construct, or enlarge, or alter or repair, meaning only such altera-
8 tions or repairs as may affect the safety of the dam or reservoir, any dam,
9 for the purpose of storing or appropriating or diverting any of the waters of
10 this state, when the same is to be more than twenty (20) feet in height or to
11 have a storage capacity of one hundred (100) acre-feet or more, except as
12 otherwise in this chapter provided, shall submit duplicate plans, drawings and
13 specifications of the proposed work to the director, and construction of a new
14 dam or enlargement, or alteration or repairs shall not be commenced until the
15 owner has applied for and obtained written approval of the plans, drawings and
16 specifications.
17 Owners of dams under construction on the effective date of this legisla-
18 tion and for which plans, drawings and specifications are required but have
19 not been approved on or before the effective date of this legislation shall
20 submit such plans, drawings and specifications for approval, with the fee
21 established hereinafter. The director shall give notice to owners to submit
22 plans, drawings and specifications, and failure to submit plans, drawings and
23 specifications for approval within thirty (30) days of the date of mailing the
24 notice shall be punishable as provided in this act, and construction shall be
25 stopped upon issuance of an order by the director unless for good cause shown
26 as determined by the director unless further time is allowed. The notice
27 and/or order provided for in this paragraph may be given by certified mail and
28 a return receipt signed by the owner or responsible company shall constitute
29 prima facie evidence of service.
30 Upon receipt of the plans, drawings and specifications, the director shall
31 give consideration thereto and shall approve or disapprove the same within the
32 time provided in this section, and if he approves them, the director shall
33 affix his approval thereto and return one (1) copy of each such plans, draw-
34 ings and specifications, with his approval, to the party or parties proposing
35 to construct the works.
36 Plans, drawings and specifications submitted to the director complete with
37 fees shall be approved or disapproved in no more than sixty (60) days and in
38 no less than fourteen (14) days after receipt. Defective plans, drawings and
39 specifications made in a bona fide attempt to conform to the law and rules and
40 regulations of the water resource board shall not be rejected but notice of
41 defect shall be sent to the owner by certified mail. If within thirty (30)
42 days of the date of mailing the notice the owner does not file amended and
43 perfected plans, drawings and specifications, the plans, drawings and specifi-
2
1 cations shall be rejected and canceled unless for good cause shown the direc-
2 tor allows the owner further time.
3 The construction of all dams under plans, drawings and specifications
4 approved by the director shall be pursued with reasonable diligence to comple-
5 tion. In the event that an owner fails to commence actual construction and
6 maintain reasonable construction progress of the dam under the plans, drawings
7 and specifications approved by the director prior to or after the effective
8 date of this act, such approval may be voided by the director one (1) year
9 after such approval. Notice of the intent to void any such approval shall be
10 sent by the director to the owner by certified mail and said owner shall be
11 allowed thirty (30) days within which to show cause why such approval should
12 not be voided. The director may grant additional time within which to commence
13 the construction under plans, drawings and specifications approved by the
14 director upon a showing of reasonable cause. Plans, drawings and specifica-
15 tions for which approval has become void must be resubmitted for approval,
16 with the fee therefor as hereafter provided, prior to commencing construction
17 of any such dam.
18 The plans, drawings and specifications shall include the following infor-
19 mation:
20 (a) The name and address of the owner.
21 (b) The location, type, size and height of the proposed dam or reservoir
22 and appurtenant works.
23 (c) The storage capacity of the reservoir.
24 (d) Such other pertinent information as the director may require includ-
25 ing the following:
26 (1) Data concerning subsoil and foundation conditions and materials
27 entering into construction of the dam or reservoir.
28 (2) Investigations of, and reports on subsurface conditions involving
29 such matters as exploratory pits, trenches, and adits, drilling, coring,
30 geophysical surveys, tests to determine leakage rates, and physical tests
31 to measure in place the properties and behavior of foundation materials at
32 the dam or reservoir site.
33 (3) Investigation of and reports on the geology of the dam or reservoir
34 site and its vicinity, possible geological hazards, availability and qual-
35 ity of construction materials, and other pertinent factors.
36 The plans, drawings and specifications shall be of such character and size
37 setting forth such pertinent details and dimensions and in such form as the
38 director requires. Plans, drawings and specifications which are submitted to
39 the department shall be prepared by or under the direction of a registered
40 professional engineer who is registered pursuant to Idaho law and authenti-
41 cated by him as provided in section 54-1215, Idaho Code, or by such other per-
42 son as provided in section 54-1223, Idaho Code.
43 Where said dam is, in the opinion of the director, not of sufficient
44 importance to have the provisions of the section apply to such dam, then the
45 director shall have power, upon written application, to suspend the provisions
46 of this section in regard to such dam.
47 The director shall prepare design and construction criteria for dams and
48 barriers not requiring departmental approval of plans, drawings and specifica-
49 tions and shall supply such criteria upon request to any interested person to
50 aid in constructing such dams and barriers. The use of such criteria shall in
51 no way relieve the owner of responsibility for adequacy of design and con-
52 struction procedures, nor be the basis of liability for any city or county
53 that grants a permit related to construction of the dam or barrier pursuant to
54 the provisions of chapter 65, title 67, Idaho Code.";
55 and renumber the subsequent section of the bill accordingly.
3
1 CORRECTION TO TITLE
2 On page 1, in line 4, following "RESOURCES;" insert: "AMENDING SECTION
3 42-1712, IDAHO CODE, TO INCLUDE A REFERENCE TO CRITERIA FOR BARRIERS, TO REGU-
4 LATE LIABILITY WHEN RELYING UPON CRITERIA AND TO MAKE TECHNICAL CORRECTIONS;".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 635, As Amended in the Senate
BY RESOURCES AND CONSERVATION COMMITTEE
1 AN ACT
2 RELATING TO JURISDICTION OF THE DEPARTMENT OF WATER RESOURCES; AMENDING SEC-
3 TION 42-1711, IDAHO CODE, TO FURTHER DEFINE THE TERM "DAM" TO CLARIFY THE
4 JURISDICTION OF THE DEPARTMENT OF WATER RESOURCES; AMENDING SECTION
5 42-1712, IDAHO CODE, TO INCLUDE A REFERENCE TO CRITERIA FOR BARRIERS, TO
6 REGULATE LIABILITY WHEN RELYING UPON CRITERIA AND TO MAKE TECHNICAL COR-
7 RECTIONS; DECLARING AN EMERGENCY AND PROVIDING APPLICATION TO PENDING PRO-
8 CEDURES.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 42-1711, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 42-1711. DEFINITIONS. Unless the context otherwise requires, the follow-
13 ing definitions govern the construction of this chapter.
14 (a) "Department" means the department of water resources.
15 (b) "Dam" means any artificial barrier, together with appurtenant works,
16 constructed for the purpose of storing water or that stores water, which is
17 ten (10) feet or more in height from the natural bed of the stream or water-
18 course at the downstream toe of the barrier, as determined by the department,
19 or from the lowest elevation of the outside limit of the barrier, if it is not
20 across a stream channel or watercourse, to the maximum water storage eleva-
21 tion, or has or will have an impounding capacity at maximum storage elevation
22 of fifty (50) acre-feet or more. The following are not included as regulated
23 dams or are not considered dams for the purposes of sections 42-1710 through
24 42-1721, Idaho Code; provided however, barriers defined in paragraphs (1) and
25 (2), below, shall remain under the exclusive jurisdiction of the department:
26 (1) Barriers constructed in low risk areas as determined by the director,
27 which are six (6) feet or less in height, regardless of storage capacity.
28 (2) Barriers constructed in low risk areas as determined by the director,
29 which impound ten (10) acre-feet or less at maximum water storage eleva-
30 tion, regardless of height.
31 (3) Barriers in a canal used to raise or lower water therein or divert
32 water therefrom.
33 (4) Fills or structures determined by the director to be designed primar-
34 ily for highway or railroad traffic.
35 (5) Fills, retaining dikes or structures less than twenty (20) feet in
36 height, which are under jurisdiction of the department of environmental
37 quality or the department of agriculture, determined by the director of
38 the department of water resources to be designed primarily for retention
39 or treatment of municipal, livestock, or domestic wastes, or sediment and
40 wastes from produce washing or food processing plants.
41 (6) Levees that store water regardless of storage capacity.
42 (c) "Levee" means a retaining structure alongside a natural lake which
43 has a length that is two hundred (200) times or more greater than its greatest
2
1 height measured from the lowest elevation of the toe to the maximum crest ele-
2 vation of the retaining structure.
3 (d) "Reservoir" means any basin which contains or will contain the water
4 impounded by a dam.
5 (e) "Owner" includes any of the following who own, control, operate,
6 maintain, manage, or propose to construct a dam, reservoir or mine tailings
7 impoundment structure:
8 (1) The state of Idaho and its departments, agencies, institutions and
9 political subdivisions;
10 (2) The United States of America and any of its departments, bureaus,
11 agencies and institutions; provided that the United States of America
12 shall not be required to pay any of the fees required by section 42-1713,
13 Idaho Code, and shall submit plans, drawings and specifications as
14 required by section 42-1712, Idaho Code, for information purposes only;
15 (3) Every municipal or quasi-municipal corporation;
16 (4) Every public utility;
17 (5) Every person, firm, association, organization, partnership, business
18 trust, corporation or company;
19 (6) The duly authorized agents, lessees, or trustees of any of the fore-
20 going; or
21 (7) Receivers or trustees appointed by any court for any of the forego-
22 ing.
23 (f) "Alterations," "repairs," or either of them, mean only such altera-
24 tions or repairs as may directly affect the safety of the dam, reservoir or
25 mine tailings impoundment structure, as determined by the department.
26 (g) "Enlargement" means any change in or addition to an existing dam,
27 reservoir or mine tailings impoundment structure, which raises or may raise
28 the water storage elevation of the water impounded by the dam or mine tailings
29 slurry impounded by the mine tailings impoundment structure.
30 (h) "Water storage elevation" means the maximum elevation of water sur-
31 face which can be obtained by the dam or reservoir.
32 (i) "Storage capacity" means the total storage at the maximum storage
33 elevation.
34 (j) "Days" used in establishing deadlines means calendar days including
35 Sundays and holidays.
36 (k) "Certificate of approval" means a certificate issued by the director
37 for all dams or mine tailings impoundment structures listing restrictions
38 imposed by the director, and without which no new dams shall be allowed to
39 impound water or mine tailings impoundment structures shall be allowed to
40 impound mine tailings slurry.
41 (l) "Mine tailings impoundment structure" means any artificial embankment
42 which is or will be more than thirty (30) feet in height measured from the
43 lowest elevation of the toe to the maximum crest elevation constructed for the
44 purpose of storing mine tailings slurry.
45 (m) "Lift construction" means mine tailings impoundment structure
46 enlargement by raising the elevation of the structure on a continuous or re-
47 curring basis. Such practice will be considered under construction until the
48 structure reaches its final crest elevation.
49 (n) "Mine tailings impoundment elevation" means the maximum elevation of
50 stored mine tailings which can be obtained by the impounding structure.
51 (o) "Mine tailings slurry" means all slurry wastes from a mineral proc-
52 essing or mining operation.
53 (p) "Mine tailings storage capacity" means the total storage volume of
54 the impounding area when filled with tailings to the maximum designed storage
55 elevation.
3
1 SECTION 2. That Section 42-1712, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 42-1712. CONSTRUCTION, ENLARGEMENT, ALTERATION OR REPAIR OF DAMS -- SUB-
4 MISSION OF DUPLICATE PLANS, DRAWINGS AND SPECIFICATIONS. Owners who shall
5 desire to construct, or enlarge, or alter or repair, meaning only such altera-
6 tions or repairs as may affect the safety of the dam or reservoir, any dam,
7 for the purpose of storing or appropriating or diverting any of the waters of
8 this state, when the same is to be more than twenty (20) feet in height or to
9 have a storage capacity of one hundred (100) acre-feet or more, except as
10 otherwise in this chapter provided, shall submit duplicate plans, drawings and
11 specifications of the proposed work to the director, and construction of a new
12 dam or enlargement, or alteration or repairs shall not be commenced until the
13 owner has applied for and obtained written approval of the plans, drawings and
14 specifications.
15 Owners of dams under construction on the effective date of this legisla-
16 tion and for which plans, drawings and specifications are required but have
17 not been approved on or before the effective date of this legislation shall
18 submit such plans, drawings and specifications for approval, with the fee
19 established hereinafter. The director shall give notice to owners to submit
20 plans, drawings and specifications, and failure to submit plans, drawings and
21 specifications for approval within thirty (30) days of the date of mailing the
22 notice shall be punishable as provided in this act, and construction shall be
23 stopped upon issuance of an order by the director unless for good cause shown
24 as determined by the director unless further time is allowed. The notice
25 and/or order provided for in this paragraph may be given by certified mail and
26 a return receipt signed by the owner or responsible company shall constitute
27 prima facie evidence of service.
28 Upon receipt of the plans, drawings and specifications, the director shall
29 give consideration thereto and shall approve or disapprove the same within the
30 time provided in this section, and if he approves them, the director shall
31 affix his approval thereto and return one (1) copy of each such plans, draw-
32 ings and specifications, with his approval, to the party or parties proposing
33 to construct the works.
34 Plans, drawings and specifications submitted to the director complete with
35 fees shall be approved or disapproved in no more than sixty (60) days and in
36 no less than fourteen (14) days after receipt. Defective plans, drawings and
37 specifications made in a bona fide attempt to conform to the law and rules and
38 regulations of the water resource board shall not be rejected but notice of
39 defect shall be sent to the owner by certified mail. If within thirty (30)
40 days of the date of mailing the notice the owner does not file amended and
41 perfected plans, drawings and specifications, the plans, drawings and specifi-
42 cations shall be rejected and canceled unless for good cause shown the direc-
43 tor allows the owner further time.
44 The construction of all dams under plans, drawings and specifications
45 approved by the director shall be pursued with reasonable diligence to comple-
46 tion. In the event that an owner fails to commence actual construction and
47 maintain reasonable construction progress of the dam under the plans, drawings
48 and specifications approved by the director prior to or after the effective
49 date of this act, such approval may be voided by the director one (1) year
50 after such approval. Notice of the intent to void any such approval shall be
51 sent by the director to the owner by certified mail and said owner shall be
52 allowed thirty (30) days within which to show cause why such approval should
53 not be voided. The director may grant additional time within which to commence
54 the construction under plans, drawings and specifications approved by the
4
1 director upon a showing of reasonable cause. Plans, drawings and specifica-
2 tions for which approval has become void must be resubmitted for approval,
3 with the fee therefor as hereafter provided, prior to commencing construction
4 of any such dam.
5 The plans, drawings and specifications shall include the following infor-
6 mation:
7 (a) The name and address of the owner.
8 (b) The location, type, size and height of the proposed dam or reservoir
9 and appurtenant works.
10 (c) The storage capacity of the reservoir.
11 (d) Such other pertinent information as the director may require includ-
12 ing the following:
13 (1) Data concerning subsoil and foundation conditions and materials
14 entering into construction of the dam or reservoir.
15 (2) Investigations of, and reports on subsurface conditions involving
16 such matters as exploratory pits, trenches, and adits, drilling, coring,
17 geophysical surveys, tests to determine leakage rates, and physical tests
18 to measure in place the properties and behavior of foundation materials at
19 the dam or reservoir site.
20 (3) Investigation of and reports on the geology of the dam or reservoir
21 site and its vicinity, possible geological hazards, availability and qual-
22 ity of construction materials, and other pertinent factors.
23 The plans, drawings and specifications shall be of such character and size
24 setting forth such pertinent details and dimensions and in such form as the
25 director requires. Plans, drawings and specifications which are submitted to
26 the department shall be prepared by or under the direction of a registered
27 professional engineer who is registered pursuant to Idaho law and authenti-
28 cated by him as provided in section 54-1215, Idaho Code, or by such other per-
29 son as provided in section 54-1223, Idaho Code.
30 Where said dam is, in the opinion of the director, not of sufficient
31 importance to have the provisions of the section apply to such dam, then the
32 director shall have power, upon written application, to suspend the provisions
33 of this section in regard to such dam.
34 The director shall prepare design and construction criteria for dams and
35 barriers not requiring departmental approval of plans, drawings and specifica-
36 tions and shall supply such criteria upon request to any interested person to
37 aid in constructing such dams and barriers. The use of such criteria shall in
38 no way relieve the owner of responsibility for adequacy of design and con-
39 struction procedures, nor be the basis of liability for any city or county
40 that grants a permit related to construction of the dam or barrier pursuant to
41 the provisions of chapter 65, title 67, Idaho Code.
42 SECTION 3. An emergency existing therefor, which emergency is hereby
43 declared to exist, this act shall be in full force and effect on and after its
44 passage and approval, and shall apply to any proceeding before any administra-
45 tive or judicial tribunal pending on the effective date of this act, or initi-
46 ated subsequent thereto without regard to any other provision of law.
STATEMENT OF PURPOSE
RS 13890
The purpose of this legislation is to clarify that barriers
that store water and that are determined to be in low risk areas
remain under the exclusive jurisdiction of the Department of
Water Resources for the purposes stated in Idaho Code 42-1710.
This legislation clarifies that the Department may still decline
to regulate barriers that store water based on a determination by
the Department that such barriers are located in low risk areas;
however, exclusive jurisdiction over the barriers remains vested
in the Department. Exclusive jurisdiction over barriers that
store water is necessary to avoid unnecessary and duplicative
regulation by other regulatory entities concerning the
construction, maintenance, and operation of such barriers. It is
also necessary for the protection of public safety by ensuring
that uniform engineering standards established by the Department
are used for the construction, maintenance, and operation of all
dams and barriers that may subsequently be classified as dams by
the Department. This legislation is also necessary to avoid
conflicts between regulatory entities where the Department may
subsequently determine that regulation of a barrier which stores
water is necessary. This may occur when the Department
determines that a change in circumstances, such as increased
development near the barrier, has caused the risk category of the
barrier to increase from low to significant or high.
FISCAL IMPACT
No negative fiscal impact would result from approval of this
legislation.
Contact
Name: Norm Semanko, Idaho Water Users Association
Phone: (208) 344-6690
STATEMENT OF PURPOSE/FISCAL NOTE H 635