46-1665. Emergency actions involving a dam; owner; duties; department; duties.
(1) The owner of a dam has the primary responsibility for determining when an emergency exists. When the owner of a dam determines that an emergency exists involving a dam, the owner shall immediately implement the emergency action plan as required pursuant to section 46-1647. The owner shall immediately notify any persons who may be endangered if the dam should fail, notify emergency management organizations in the area, take necessary remedial action to prevent or mitigate the consequences of failure, and notify the department. The department shall take any remedial action necessary to protect life and property if, in its judgment, either:
(a) The condition of any dam is so dangerous to the safety of life or property as not to permit time for the issuance and enforcement of an order relative to maintenance or operation; or
(b) Passing or imminent floods or any other condition threatens the safety of any dam.
(2) In applying the remedial means provided for in this section, the department may in an emergency, with its own forces or by other means at its disposal, do any or all of the following:
(a) Take full charge and control of any dam;
(b) Lower the water level by releasing water from the reservoir;
(c) Completely drain the reservoir;
(d) Perform any necessary remedial or protective work at the site; or
(e) Take such other steps as may be essential to safeguard life and property.
(3) The department shall continue in full charge and control of such dam and its appurtenant works until they are rendered safe or the emergency occasioning the action has ceased and the owner is able to take back full charge and control. The department's taking full charge and control under this section does not relieve the owner of such dam of liability for any negligent acts of such owner.
(4) The department may report emergency actions involving the safety of a dam to the National Performance of Dams Program in a timely manner.
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