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<br />should have statutory authority to perform the following five basic <br /> <br /> <br />functions to ensure the adequacy of dams and reservoirs. <br /> <br /> <br />(1) Review and approve plans and specifications to construct, enlarge, <br /> <br /> <br />modify, remove, or abandon dams. <br /> <br /> <br />(2) Perform periodic inspections during construction for the purpose of <br /> <br /> <br />ensuring compliance with approved plans and specifications. <br /> <br /> <br />(3) Upon completion of construction, issue certificates of approval <br /> <br /> <br />permitting the impounding of water. <br /> <br /> <br />(4) Investigate dams and reservoirs at least every five years to <br /> <br /> <br />determine their continued safety. <br /> <br /> <br />(5) Issue notices, when appropriate, to require owners of the dams and <br /> <br /> <br />reservoirs to perform necessary maintenance or remedial work, revise <br /> <br /> <br />operating procedures, or take other actions, including breaching <br /> <br /> <br />dams when deemed necessary. <br /> <br /> <br />The above five functions, together with three additional functions which <br /> <br /> <br />are considered by most dam safety officals and experts to represent other <br /> <br /> <br />important instruments for effective state dam safety programs, formed the <br /> <br /> <br />basis for the questions related to state legislative authority and <br /> <br /> <br />regulatory control. The three additional essential functions considered are <br /> <br /> <br />as follows: <br /> <br /> <br />(6) Adopt rules and regulations for the purpose of carrying out the <br /> <br /> <br />provision of a state's legislative authority. <br /> <br /> <br />(7) Require the establishment of a bond or fee as part of the <br /> <br /> <br />construction permit application. <br /> <br /> <br />(8) Require an emergency action preparedness plan for each dam or <br /> <br /> <br />reservoir. <br /> <br />.12. <br />