33.1-180 - When larger spillway required.
§ 33.1-180. When larger spillway required.
In case the earthen portion of a dam has been washed away and it isdetermined by the Commissioner that the washout was caused by a spillway ofinsufficient opening to carry floodwater, the dam shall not be restored forthe purpose of impounding water unless the owner or occupier agrees with theCommissioner for the construction of a spillway with adequate opening,conforming to plans and specifications of the Department of Transportation.In the event that such construction is required, the Commissioner shall beresponsible for such part of the cost as would be necessary to provide abridge with sufficient opening to carry the floodwater of the stream and theowner or occupier of the dam shall be required to pay the difference in cost,if any, of providing adequate floodgates and spillways in addition to thebridge.
(Code 1950, § 33-94; 1970, c. 322.)