45-1203. Approval by director of proposed dams or enlargements of existing dams; application for construction or enlargement

A. Construction of a dam or enlargement of an existing dam shall not be commenced until a written approval of plans and specifications has been obtained from the director.

B. A separate application for each dam shall be filed with the director upon forms provided by him, reciting the name and address of the owner or his agent, the location, type, size and height of the proposed dam and appurtenant works, the storage capacity of the reservoir, and such other information as the director requests. The application shall also set forth the area of the drainage basin, rainfall and stream flow records, flood flow records and estimates and other similar information required by the director. The director may require information concerning subsoil and foundation conditions and may require that the site be drilled or otherwise prospected.

C. When the physical conditions and the size of the dam do not require the information provided in subsection B, such information may be waived by the director.

D. The means, plans and specifications by which the stream or body of water is to be dammed, by-passed or controlled during construction shall be stated in the application, or such means, plans and specifications shall be submitted to the director for approval prior to beginning construction. The director shall have the same authority over the construction and maintenance of such means of damming, by-passing or controlling the stream or body of water during construction of the dam as he has over similar work on the dam itself.

E. The application shall further state the proposed time of beginning and completing construction, the estimated cost of construction, the use to which the impounded or diverted water is to be put, and shall be accompanied by maps, plans and specifications and state such details and dimensions as the director may require. The maps, plans and specifications shall be a part of the application.

F. Prior to the approval of plans and specifications, the director may require a surety company bond in an amount sufficient to secure the costs to the state in assuring the safety of any dam left partially constructed. The bond may be required only when the director questions the financial ability of the owner or contractor, or otherwise deems the bond advisable.