73-5a-502 - Legislative findings -- Immunity from suit -- State engineer to set minimum standards for existing high hazard dams -- Exceptions -- Investigations and plans for compliance with minimum st
73-5a-502. Legislative findings -- Immunity from suit -- State engineer to setminimum standards for existing high hazard dams -- Exceptions -- Investigations and plansfor compliance with minimum standards.
(1) The Legislature finds that:
(a) it is in the interest of the people of the state to improve the safety of existing dams;
(b) mutual irrigation companies and water users associations cannot afford to bring damsinto conformance with the state's current minimum safety standards without financial assistancefrom the state;
(c) due to limited financial, physical, and human resources, it is necessary to establishpriorities for the upgrade of dams; and
(d) the state and its officers and employees are immune from suit for any injury ordamage resulting from the exercise or performance or the failure to exercise or perform anyfunction pursuant to this chapter.
(2) The state engineer shall establish minimum standards for existing high hazard damsby rule. The standards for existing high hazard dams may differ from the design criteriaestablished for new construction.
(3) No seismic standards shall be established for existing high hazard dams within theflood control use classification.
(4) (a) In implementing this section, the state engineer will develop a priority list of highhazard dams. The list will be determined by calculating the relative anticipated breach flows inthe event of a dam failure. The dams will be ranked from the largest breach flow to the smallestfor all high hazard dams.
(b) The state engineer shall investigate annually 25 dams on the priority list in order oftheir ranking to determine in what areas they are deficient or do not meet minimum standards.
(c) Once a determination is made, the owner will be notified that the owner will berequired to undertake investigations to determine requirements necessary to bring the dam intocompliance with minimum standards.
(d) Once the owner has been informed of the deficiencies of the dam, the owner will begiven 90 days to respond, in writing, as to what steps the owner is taking to investigate thedeficiencies and the time required to complete the investigations.
(e) The state engineer will review the proposal, and if it appears reasonable, will approveit.
(5) The state engineer may not require any mutual irrigation company or water usersassociation to upgrade a dam in conformance with minimum standards, unless a grant to pay for80% of the costs is made available from the Board of Water Resources.
Amended by Chapter 264, 1996 General Session