Natural Resources, Water Rights

Section R655-10-7A

Review of Design

Notice of Proposed Rule

(Amendment)

DAR File No.: 36505
Filed: 07/18/2012 08:10:38 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The current rule requires clarification and update to current industry practice. The statutory obligation continues and there is a continuing need for the rules to provide guidance for dam safety, classifications, approval procedures and independent reviews.

Summary of the rule or change:

The following rule is established under the authority of Title 73, Chapter 5a. The procedures constitute minimum requirements for dams. Additional procedures may be required to comply with any other governing statute, federal law, federal regulation, or local ordinance. This rule applies to any dam constructed in the state with the exception of those specifically exempted by Section 73-5a-102. Some dams may have an abbreviated approval process as outlined in Section 73-5a-202.

State statutory or constitutional authorization for this rule:

• Section 73-5a-105

Anticipated cost or savings to:

the state budget:

No cost involved--Clarification of processing does not require a dollar figure.

local governments:

No cost involved--Clarification of processing does not require a dollar figure.

small businesses:

No cost involved--Clarification of processing does not require a dollar figure.

persons other than small businesses, businesses, or local governmental entities:

No cost involved--Clarification of processing does not require a dollar figure.

Compliance costs for affected persons:

No costs involved--Prior procedure processes encompassed funds and therefore does not require a dollar figure.

Comments by the department head on the fiscal impact the rule may have on businesses:

No physical impact--Clarification of process procedures does not require a dollar figure.

Michael Styler, Executive Director

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

Natural Resources
Water RightsRoom 220
1594 W NORTH TEMPLE
SALT LAKE CITY, UT 84116-3154

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]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

09/14/2012

This rule may become effective on:

10/22/2012

Authorized by:

Michael Styler, Executive Director

R655. Natural Resources, Water Rights.

R655-10. Dam Safety Classifications, Approval Procedures and Independent Reviews.

R655-10-7A. Review of Design.

The following situations will require an independent consultant review of the design of a new dam or significant enlargement of an existing dam.

1. Any dam that in the opinion of the State Engineer warrants additional review due to the large size or complexity of the dam and/or reservoir, or to supplement the technical expertise of the design engineer.

2. Any high or moderate hazard dam which, in the opinion of the State Engineer, has a unique problem requiring additional review.

3. Any high or moderate hazard dam whose design is not typical of dams normally built in the state and is thus beyond the technical abilities of the State Engineer's dam safety staff.

4. If the owner's engineer and the State Engineer cannot reach an agreement on the design of a dam.

5. If the owner specifically requests an independent consultant review.

 

KEY: dam safety, dams, reservoirs.

Date of Enactment or Last Substantive Amendment: [September 12, 2011]2012

Notice of Continuation: April 14, 2011

Authorizing, and Implemented or Interpreted Law: 73-5a