Inspection of dams by State Engineer; powers of State Engineer to protect life or property.

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1. The State Engineer from time to time shall:

(a) Make inspections of dams at state expense for the purpose of determining their safety; and

(b) Require owners to perform at their expense such work as may be necessary to supply the State Engineer with information as to the safety of such dams.

2. The owners shall perform at their expense any other work necessary to maintenance and operation which will safeguard life and property.

3. If at any time the condition of any dam becomes so dangerous to the safety of life or property as not to permit sufficient time for the issuance and enforcement of an order relative to the maintenance or operation thereof, the State Engineer may, if he or she deems it necessary, immediately employ the following remedial measures to protect either life or property:

(a) Lower the water level by releasing water from the reservoir.

(b) Completely empty the reservoir.

(c) Take such other steps as may be essential to safeguard life and property.

4. The provisions of this section shall not apply to works constructed by the United States Bureau of Reclamation or the United States Army Corps of Engineers.

[Part 77 1/2:140:1913; added 1951, 132]


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