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EMERGENCY PREPAREDNESS E mergl'nCy Action Plans (EAP) are documents containing prescribed actions for a multitude of possible emergency situations that may occur at a dam. Basically, emergencies at dams are divided into two categories, controllable and uncontrollable situations. An EAP for a dam consists of a list of available resources and decisive actions for various emergenry situations to prevent failure. For an uncontrollable situation, such as imminent failure, the EAP also contains a notification list to aid state and local government, emergency managers in the evacuation of persons in harms- way. In essence, the principle objectives of an EAP is to prevent loss of life and minimize property damage from the threat of a dam failure. Even though, information would be similar Cor several dams in a local area, each dam has its own characteristics making an individualized plan necessary Cor each dam. Rules and regulations require owners of Class I 8c II dams to have a copy of their emergenry action plan on file with the Olfice of the State Engineer. The owner must also provide the State 011ice of Emergency Management and the County Emergency Manager with a copy of the plan. The Dam Safety Engineer can provide you a planning guide and assist in the planning process. LIABILITY AND INSURANCE C ataStrOpblC failure Of 8 dam, caused by negligence, could place the owner liable for damages. Colorado law states, an owner, controller or operator of a dam, found negligent, is liable for damages resulting from failure of the structure. Additionally, in the absence of negligence, no stockholder, officer, or member of the board, for a company owning a dam, shall be liahle for damage ~! he company has a valid insurance poll.,} its offc~i at the time of the incident with coverage Cor an aggregate amount of 5500,000 or an adequate substitute. Operating and maintaining a safe structure in accordance with the Statutes and Rules & Regulations is the first step in protection against the exposure of liability, This includes monitoring, periodic inspections by a qualified professional engineer and timely maintenance and repair. WATER RIGHTS Ul~ding a dam to store water es not assure the owner the right to store water. On the other hand, having a water right does not constitute an approval to construct the dam. A water right must be obtained through the Water Court. Approval for construction of a dam must be obtained through the State Engineer or duly appointed representative, such as the Division Engineer. A reservoir will be allowed to store water if the State Engineer has determined the dam is safe and water is legally available. The Division Office can answer questions related to your water rights, how to apply for water rights and Irow • the available water in the streams and rivers is allocated. SOURCES OF FINANCIAL ASSISTANCE F InanCC prOgraUlS Cor the expenses of constmction or repair of a dam are available from several State and Federal Agencies. The following is a list of (mown agencies with available programs at the time of publication: • Colorado Water Conservation Hoard (CWCB) • • Colorado Water Resources and Power Development Authority • Colorado Division of Wildlife • U.S. Agricultural Stabilization and Conservation Service (ABCs) • U.S. Soil Conservation Service (SCS) • U.S. Farmer's Home Administration (FmHA) • U.S. Bureau of Reclamation Money may be available in the Conn of low interest loans, grants or cost sharing depending on the purpose o! the dam. Contact the focal office of the agency for more information.