45-1201. Definitions

In this article, unless the context otherwise requires:

1. " Dam" means any artificial barrier, including appurtenant works for the impounding or diversion of water, twenty-five feet or more in height or the storage capacity of which will be more than fifty acre-feet but does not include:

(a) Any barrier that is or will be less than six feet in height, regardless of storage capacity.

(b) Any barrier that has or will have a storage capacity of fifteen acre-feet or less, regardless of height.

(c) Any barrier for the purpose of controlling liquid-borne material.

(d) Any barrier that is a release-contained barrier.

(e) Any barrier that is owned, controlled, operated, maintained or managed by the United States government or its agents or instrumentalities if a safety program that is at least as stringent as the state safety program applies and is enforced against the agent or instrumentality.

2. " Height" means the vertical distance from the lowest elevation of the outside limit of the barrier at its intersection with the natural ground surface to the spillway crest elevation.

3. " Owner" includes any person or entity that owns, controls, operates, maintains, manages or proposes to construct or modify a dam.

4. " Person" means any person, firm, association, organization, partnership, business trust, corporation, company or district.

5. " Release-contained barrier" means any artificial barrier and appurtenant works that comply with both of the following:

(a) Has a storage capacity that in the event of failure would be contained within property that the release-contained barrier owner owns, controls, operates, maintains or manages.

(b) The property on which the release would be contained is not open to the public.

6. " Storage capacity" means the maximum volume of water that can be impounded by the reservoir when there is no discharge of water.