73-5a-105 - Independent consultants -- Owner to pay costs.
73-5a-105. Independent consultants -- Owner to pay costs.
(1) The state engineer may require the owner of a dam or proposed dam to obtain theservices of an independent consultant or team of consultants approved by the state engineer toconsult regarding the adequacy of the design, construction, or operation of the dam if safetyconsiderations pertaining to the design, construction, or operation of the dam warrant anindependent review.
(2) The state engineer shall make rules specifying:
(a) the safety considerations that will be considered in determining if an independentreview is required;
(b) the requisite qualifications and experience of the independent consultants; and
(c) the timing of the consultants' review so that their recommendations are made in atimely manner.
(3) (a) The independent consultants shall be considered to be the agents of the owner ofthe dam.
(b) The costs of the independent consultants' services shall be paid by the owner of thedam.
(c) The owner of the dam may require the independent consultants to consider otherissues, in addition to safety considerations, such as:
(i) design selections or alternatives;
(ii) site selection;
(iii) cost effectiveness; or
(iv) other tasks as defined by the contract.
Enacted by Chapter 319, 1990 General Session