45-1212. Supervision over maintenance and operation; remedial measures; lien

A. Supervision over the maintenance and operation of dams to safeguard life and property is vested exclusively in the director. The director shall make complete inspections, require reports from owners or operators and issue rules and orders necessary to secure maintenance and operation of dams which will safeguard life and property.

B. If the director determines that the dam under consideration is dangerous to the safety of life and property, and that there is not sufficient time to issue and enforce an order relative to its maintenance or operation, or if the director believes that imminent floods threaten the safety of the dam under consideration, the director shall immediately employ remedial measures necessary to protect life and property. The director may spend monies from the dam repair fund established by section 45-1212.01 in employing remedial measures.

C. In applying remedial measures the director may lower the water level of a reservoir by releasing water impounded, may completely empty the reservoir, may destroy the dam or reservoir, or such portions as appear necessary, or may construct, reconstruct, repair or enlarge the dam and may exercise any other control of the dam, reservoir and appurtenances essential to safeguard life and property. The director shall remain in full charge and control of the dam, reservoir and appurtenances until they have been rendered safe or the emergency has terminated.

D. The costs and expenses of the control, regulation and abatement provided by this section, including costs of construction work done to render the dam, reservoir or appurtenances safe, shall constitute a lien against all property of the owner, and the lien shall be prior and superior to all other mortgages, liens or encumbrances of record. The lien shall have the force and effect of a mechanic's and materialman's lien and may be foreclosed at any time within two years.

E. The lien referred to in subsection D of this section may be perfected and foreclosed in advance of construction or repair or after completion of the repairs. If in advance, the lien shall be perfected by the filing of an affidavit of the director setting forth the estimate of the costs of construction or repair with the county recorder in the county in which the dam is located in the same manner as prescribed for mechanics' liens in title 33, chapter 7, article 6 and may be foreclosed in the same manner as a mechanic's and materialman's lien. When the affidavit is filed, the amount set forth in the affidavit shall be a lien in such amount against all property of the owner. If the actual cost of construction or repair exceeds the estimated cost, the director may amend the affidavit setting forth the additional estimated cost. If the estimated cost exceeds the actual costs of construction or repair at completion, the director shall file an amended affidavit at completion. If a lien is perfected in advance and the construction or repair is not commenced within two years from the date of perfection, the lien shall be void. The director shall file a satisfaction of lien upon payment of the costs of construction or repair by the owner.

F. Monies collected in full or partial satisfaction of a lien created pursuant to subsection D of this section shall be deposited in the dam repair fund established by section 45-1212.01.