LEG00236

• Bill Number: SB83-15
• Year: 1983
• Title: Concerning Reservoirs and Relating to the Inspection and Regulation Thereof and the Provision of Liability Insurance Therefor and Making an Appropriation Therefor
• Legislation - Doc Type: Other CWCB Related Bills - Killed

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dangerous to life or property, in the opinion of the state
engineer, as not to permit time for the issuance and

enforcement of an order relative to maintenance or operation;

or

(b) Passing or imminent floods threaten the safety of

any dam or reservoir.

(3) The state engineer shall continue in full charge and

control of any such unsafe dam or reservoir and its

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appurtenances until they are rendered safe or the emergency

occasioning the action has ceased; however, the reservoir or

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dam owner shall remain liable for any unsafe condition of the

,dam or reservoir. The cost and expense of any remedial action

taken pursuant to this section, including cost of any work
done to render a dam or reservoir safe, shall be recoverable

by the

state from the owner and if not reimbursed may be
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collected by action brought by the state in the water court of

the water division wherein the reservoir is situated.

37-87-108.6. Appeals of decisions on construction,
storage levels, and inspections - consulting board. Whenever
an owner of a dam or reservoir desires review of the state

engineer's decision under section 37-87-105, 37-87-107, or

37-87-108.5, he may request in writing that the state engineer

appoint a consulting board of, two or more consultants to
report to the state engineer on the issue in question. The
cost and expense of such consulting board shall be paid by the
owner. The state engineer shall consider the report of the

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