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<br />A dilema has developed because the spillway design flood is <br />related to the hazard classification which is a function of <br />development below the dam, Unfortunately this development is <br />beyond the controll of the dam owner and, paradoxically, is often <br />encouraged by a false of secur i ty created by the presence of the <br />dam, <br /> <br />The State Engineer or the CWCB has no authority to <br />require restrictive zoning downstream of a dam based on the <br />potential dam failure. If people and their property downstream <br />are subject to hazard, even if those people move in after the dam <br />has been built, the dam owner is still responsible for damages <br />and cannot require state or local government to minimize his <br />responsibility through zoning or other means, <br /> <br />Owners of dams can protest at the hearings of the several <br />commissions which approve developments that occur below their <br />dams. In several cases, the dam owners have received relief from <br />zoning and requirements of the approving authorities, It is the <br />dam owners responsibliity, however, to be diligent in regard to <br />development that would affect their dams, and make the protests <br />to the commissioners, <br /> <br />The bottom line appears to be that all impoundments should <br />ultimately be designed for the Probable Maximum Flood (PMF) as if <br />they were a high hazard dam. The problem is that this is often <br />too costly for the present dam owners and continual upgrading or <br />catching up is necessary as development takes place below dams. <br /> <br />55 <br />