2 Colo. Code Regs. § 402-1-13

Current through Register Vol. 48, No. 1, January 10, 2025

Rule 2 CCR 402-1-13 - Owner's Responsibilities

13.1Liability. The sole responsibility for the safety of the dam rests with the Owner, who should take every step necessary to prevent damages caused by leakage or overflow of waters from the reservoir or floods resulting from a failure of the dam. Therefore, it is in the Owner's best interest to operate and maintain the facility in a manner such that the safety of the dam and the general public are not jeopardized.

13.2Change in Ownership. Changes in ownership of a dam shall be immediately filed with the State Engineer.

13.3Site Security. The Owner shall maintain reasonable security measures to prevent intentional misoperation and damage to the facility.

13.4Dam Observation and Monitoring Plans. All dams shall have an observation and monitoring plan that shall include the following minimum requirements:

13.4.1Owner Observations. The Owner is responsible for ensuring frequent observation of the dam, especially at times when the reservoir is full, during heavy rains or flooding, and following an earthquake. The observations shall be conducted in accordance with methods acceptable to the State Engineer. Conditions which threaten the safety of the dam shall be reported to the State Engineer immediately.

13.4.1.1 High and Significant Hazard dams shall be observed at least twice a month when the reservoir water level is greater than half the full storage capacity.

13.4.1.2 Low Hazard dams shall be observed at least once every three months.

13.4.1.3 For all dams, routine outlet observations shall include observation of exposed surfaces of the inlet and discharge structures, control valves, gates and vaults; observation of the downstream end of the conduit and adjacent embankment for leakage; and observation of the dam (upstream slope, crest, downstream slope, and natural ground) in the vicinity of the outlet alignment for signs of distress or changed conditions.

13.4.2Monitoring Instrumentation. The Owner is responsible for installing, maintaining, and monitoring the instrumentation required to adequately monitor the performance of the dam. The instrumentation shall be monitored at a frequency detailed in the approved observation and monitoring plan.

13.4.2.1 Monument surveys accurate to 0.01 foot are required annually for five years (including the year of installation of the monuments) on new and recently enlarged dams, and then once every five years thereafter. Monitoring of movement monuments for Significant Hazard dams is not required beyond the first five years unless otherwise deemed necessary by the State Engineer. The State Engineer may also approve other methods for monitoring movement monuments on the dam and may require monitoring at any frequency deemed necessary based upon review of inspection data and past measurement results.

13.4.2.2 The Owner is responsible for ensuring that all instrumentation data is properly recorded in an acceptable format and sent to the State Engineer annually. The State Engineer may require that instrumentation data for High and Significant Hazard dams be evaluated by the Owner's Engineer and the analysis sent to the State Engineer annually, unless more frequent reporting is required.

13.4.2.3 The Owner shall promptly notify the State Engineer of any abnormal changes in the instrumentation data, as compared to historical patterns and trends.

13.5Outlet Operation. The Owner shall maintain the outlet works in an operable condition.

13.5.1Outlet Inspections. The requirements of outlet inspections are as follows:

13.5.1.1Outlet Exercise. An annual test of the outlet gate(s) and valve(s) for proper operation is required. The Owner shall notify all potentially impacted parties prior to exercising the outlet gate in cases where sediment release, water quality, or downstream flooding is a concern.

13.5.1.2Outlet Inspection Access. Outlet structures for all dams will be observed during safety inspections. Owners shall provide safe access for inspection of outlet facilities.

13.5.1.3Internal Outlet Inspections. Internal outlet inspections shall consist of a close inspection of the interior of the conduits, outlet wells, and access ways. In cases where it is unsafe or not possible for a person to enter, the Owner shall provide for an inspection using video or other remote sensing equipment capable of detecting flaws or imperfections within the conduit. An Engineer shall oversee the inspection and provide a written report of inspection findings to the State Engineer. The State Engineer shall coordinate with the Owner and make all reasonable efforts to minimize expense and waste of water while ensuring dam safety.

13.5.1.3.1 High and Significant Hazard dams shall receive an internal outlet inspection at least once every ten (10) years unless the condition indicates that more frequent inspections are necessary. An inspection of the entire outlet conduit shall only be required on dams without upstream gates if ordered by the State Engineer.

13.5.1.3.2 Low Hazard and NPH dams shall receive an internal outlet inspection when required by the State Engineer to determine the safe storage level.

13.5.1.3.3 The Owner shall inform the State Engineer any time the water level in a dam without upstream gates on the outlet conduit will be lowered to the invert of the conduit, or any time the normally inundated conduit will be otherwise dewatered and available for inspection.

13.6Responsibility for Maintenance. The Owner is responsible for adequate and timely maintenance of the dam. The Owner shall establish a maintenance plan to ensure that the maintenance, as identified in Rule 11, is accomplished.

13.7Emergency Preparedness. Owners shall be prepared to take emergency actions to prevent unusual or emergency situations at their dams from escalating to dam failure. To the extent possible, Owners shall also make preparations to reduce the consequences of potentially dangerous reservoir releases when such releases are unavoidable or necessary.

13.7.1Emergency Action Plans (EAP). An EAP shall be developed and distributed by the Owner for all High and Significant Hazard dams. The EAP shall contain the following information, at a minimum:

13.7.1.1Essential Dam Information. This section shall include a description of ownership and operations personnel (dam tenders/caretakers), the dam location including a vicinity map and site map, and the characteristics of the dam and appurtenant structures.

13.7.1.2Event Level Determination and Expected Actions. This section shall include a description of the emergency level classifications and the expected actions of each of the agencies included in the emergency response team for each of the emergency levels. The following emergency level classifications shall be included, at a minimum:

A. High flow below dam- Non-failure,

B. Unusual condition at dam- Non-failure,

C. Potential Dam Failure- Immediate action required, and

D. Evacuation Required- Dam failure in progress or unavoidable.

13.7.1.3Notifications. This section shall include a list of all members of the emergency response team. The appropriate individuals from each agency on the emergency response team shall be identified and included as well as at least one backup individual. The notification list shall include representatives from each of the following agencies/entities, at a minimum:

A. Dam Owner,

B. Local Communications Dispatch Center,

C. Local Sheriff's Office,

D. Local Emergency Managers (County, City),

E. State Division of Homeland Security and Emergency Management (DHSEM),

F. Colorado Department of Transportation (CDOT),

G. Colorado State Patrol (CSP),

H. Colorado Department of Public Safety (CDPS),

I. Division of Water Resources (DWR), and

J. National Weather Service (NWS).

13.7.1.4Communication. This section shall include a description of how communication with each of the agencies on the emergency response team shall be made when the EAP is activated at any of the emergency response levels described.

13.7.1.5Locally Available Resources. This section shall identify locally available or pre-positioned equipment, manpower and materials to be used to prevent incident escalation and when possible, prevent the dam from failing. Resources typically identified in this section include:

A. Heavy equipment contractors;

B. Rental equipment suppliers for pumps and heavy equipment;

C. Material suppliers for sand and gravel, concrete, sand bags, plastic sheeting; and

D. Diving Contractors.

13.7.1.6Evacuation Information. This section shall present information provided to aid the emergency response team with the evacuation of the inundation zone below the dam. The following information shall be included, at a minimum:

13.7.1.6.1Inundation Mapping. Dam failure inundation maps shall be provided for High and Significant Hazard dams to aid emergency managers in developing evacuation plans. Inundation maps shall be provided in electronic PDF and GIS shape file formats. Inundation maps shall include the following information, at a minimum:

A. Lateral limits of the dam breach flood extending downstream from the dam to a location where the potential for loss of life and significant property damage no longer exist; and

B. Cross sections at critical locations along the flood path showing lateral extents of flooding, depth of flooding, arrival time of the initial and peak flood wave (from the start of the dam breach), and flood wave velocity.

13.7.1.6.2Critical Infrastructure. From examination and study of the inundation maps and consultation with local entities, critical infrastructure within the inundation area should be identified for incorporation into the local emergency managers evacuation planning.

13.7.1.6.3Spillway and Outlet works discharge rating tables/curves. Spillway and outlet discharge rating curves and tables shall be provided to aid emergency response for the high flow conditions EAP activation level.

13.7.2Termination. The responsibilities for termination of an EAP activation shall be described.

13.7.3EAP Distribution. The Owner shall submit an electronic copy of the EAP to all members of the emergency response team as shown on the notification list.

13.7.4EAP Updates. The Owner shall review the EAP annually and update as necessary and appropriate. EAP updates shall be included in a single PDF containing the complete EAP and distributed electronically to all emergency response team members shown on the notification list.

13.7.5EAP Testing. The Owner shall test the EAP periodically to ensure the effectiveness of the EAP. The contact information shown in the notification list shall be reviewed annually to ensure it is up to date, and to obtain information for revisions or corrections as necessary.

2 CCR 402-1-13

42 CR 23, December 10, 2019, effective 1/1/2020