Natural Resources, Water Rights

Rule R655-11

Requirements for the Design, Construction and Abandonment of Dams

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 34691
Filed: 04/14/2011 12:49:31 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 73?5a?101 grants the state engineer authority to make rules controlling the construction and operation of dams for the purpose of protecting public safety.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comment received and reviewed since it was enacted.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The statutory obligation continues and there is a continuing need for the rule to provide guidance for requirements for the design, construction, and abandonment of dams. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• Marianne Burbidge at the above address, by phone at 801-538-7370, by FAX at 801-538-7467, or by Internet E-mail at [email protected]

Authorized by:

Michael Styler, Executive Director

Effective:

04/14/2011