46-1664.

Safety inspections; when; Chief Water Officer; powers and duties.

(1) The Chief Water Officer shall inspect dams for the purpose of determining their safety. The normal inspection frequency shall be annually for high hazard potential dams, biennially for significant hazard potential dams, and every five years for low hazard potential dams and every five years or more for minimal hazard potential dams. The Chief Water Officer may vary the inspection frequency of some sites based on an evaluation of the site performance history. The Chief Water Officer may conduct additional inspections at any time. If serious safety concerns are found by the Chief Water Officer during the inspections, the Chief Water Officer shall require the owner to conduct tests and investigations sufficient for the Chief Water Officer to determine the condition of the dam. After review of the tests or investigations, the Chief Water Officer may require modification, removal, or breach of the dam or alteration of operating procedures to restore or improve the safety of the dam and may require installation of instrumentation to monitor the performance of the dam.

(2) The Chief Water Officer may report the results of dam inspections that determine unsafe conditions or noncompliance to the National Performance of Dams Program.