Note

This part was enacted by Act 147 (2012). Section 3 of Act 147 provides:

"SECTION 3. This Act shall take effect on July 1, 2012, and upon ratification of constitutional amendments [sic] authorizing the State to issue special purpose revenue bonds and use the proceeds from the bonds to assist dam and reservoir owners."

Although House Bill No. 2594 (2012) proposed an amendment to article VII, §12 of the state constitution to authorize the State to issue special purpose revenue bonds and use the proceeds from the bonds to assist dam and reservoir owners, that constitutional amendment was not ratified in the 2012 election. However, in 2014, Senate Bill No. 2876 proposed an amendment to the same article and section of the state constitution to similarly authorize the State to issue special purpose revenue bonds and use the proceeds from the bonds to assist dam and reservoir owners. That constitutional amendment was ratified in the 2014 election.

§39A-341 Definitions. Whenever used in this part, unless a different meaning clearly appears from the context:

"Appurtenant works" means any structure, such as spillways in the dam or separate therefrom, the reservoir and its rim, low level outlet works, aboveground freshwater storage tanks, and water conduits, such as tunnels, pipelines, or penstocks, through the dam or its abutment.

"Dam" means any artificial barrier, including appurtenant works, that impounds or diverts water and that:

(1) Is twenty-five feet or more in height from the natural bed of the stream or watercourse measured at the downstream toe of the barrier, or from the lowest elevation of the outside limit of the barrier if it is not across a stream channel or watercourse to a maximum water storage elevation;

(2) Has an impounding capacity at maximum water storage elevation of fifty acre-feet or more; provided that this definition shall not apply to any artificial barrier that is less than six feet in height regardless of storage capacity or that has a storage capacity at maximum water storage elevation less than fifteen acre-feet regardless of height; or

(3) Meets additional criteria or is specifically exempt as determined pursuant to rules adopted by the board of land and natural resources.

"Department" means the department of budget and finance.

"Owner" means any person subject to chapter 179D who has a right, title, or interest in or to the dam or reservoir or to the property upon which the dam, reservoir, or appurtenant works are located or proposed to be located.

"Person" or "persons" means an individual, firm, enterprise, partnership, corporation, association, cooperative or other legal entity, governmental body or agency, board, bureau or other instrumentality thereof, or any combination of the foregoing.

"Project" means any work on a dam, reservoir, or appurtenant works necessary to maintain or improve the dam, reservoir, or appurtenant works.

"Project agreement" means any agreement entered into under this part by the department with a project party to finance, construct, operate, or maintain a project from the proceeds of special purpose revenue bonds, or to lend the proceeds of special purpose revenue bonds to assist dam and reservoir owners, including without limitation any loan agreement.

"Project party" means a person or persons who are dam and reservoir owners.

"Reservoir" means any basin that contains or will contain water impounded by a dam, including appurtenant works.

"Special purpose revenue bonds" or "bonds" means bonds, notes, or other evidences of indebtedness of the State issued pursuant to this part. [L 2012, c 147, pt of §1; am L 2017, c 134, §1]