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<br />Rule 11. Noniurisdictional Dams: Notification of Intent to <br />Construct. Safety Reauirements. and Breach Reauirements: <br /> <br />Rule II.A. Any person intending to construct a nonjurisdictional <br />dam which does not meet the requirements for a li~estock Water Tank or <br />Erosion Control Dam, must submit notice of the intent to construct a <br />dam on forms provided by the State Engineer not less than 10 days <br />prior to construction. (See Section 37-87-125. C.R.S. [1985 Supp.].) <br />The forms shall be submitted to the Diyision Engineer of the Water <br />Diyision in which the dam is to be located. <br /> <br />Rule II.A.(I) This rule does not apply to exempt structures <br />as defined under Rule 18 of these regulations. <br /> <br />Rule II.A.(2) Any owner Yiolating the proYisions of this <br />rule shall drain the reseryoir and preyent the storage of water in the <br />reservoir upon the order of the Division Engineer, additionally, any <br />dam constructed in Yiolation of the proyisions of this rule may be <br />considered an obstruction and is subject to remoyal pursuant to <br />Section 37-92-502(7), C.R.S. (1973). <br /> <br />Rule 11.B. Jurisdictional dams which will be altered to <br />nonjurisdictional size shall meet the following safety requirements: <br /> <br />Rule 11.8.(1) Dams which are rated Class I or Class II <br />before they haye been altered shall require that their plans be <br />submitted for approyal in accordance with Rule 6. The spillway shall <br />be capable of passing as a minimum a 25-year 24-hour precipitation <br />flood or 25-year snowmelt flood, whicheyer is greater. with no <br />residual freeboard, and without serious damage to the spillway or <br />dam. Freeboard shall be at least three feet but not greater than <br />required to pass the 25-year flood. and pipe spillways shall be at <br />least 30 inches in diameter if approyed by the State Engineer. <br /> <br />Rule II.B.(2) Dams which are rated Class III before they <br />haye been altered shall require that their owner submit written notice <br />of the intent to alter the dam to the State Engineer. The State <br />Engineer will advise the owner of what requirements must be met. Pipe <br />spillways shall be at least 30 inches in diameter if approved by the <br />State Engineer, and capable of passing a 10-year 24-hour precipitation <br />flood or 10-year snowmelt flood, whichever is greater, with no <br />residual freeboard and installed at sufficient depth to make the dam <br />nonjurisdictional. Freeboard requirements will be determined by the <br />State Engineer. <br /> <br />Rule II.C. Existing nonjurisdictional dams shall meet the <br />following requirements: <br /> <br />Rule II.C.(l) Dams which are Class I or Class II structures, <br />and which are found to be unsafe for storage by the State Engineer, <br /> <br />- 37 - <br />