Current through Register Vol. 43, No. 45, November 7, 2024
Section 11-3-1 - Definitions(a) "Appurtenant works" means the following: (1) The primary spillway; (2) other conduits through a dam; (4) the auxiliary spillway; (5) the service spillway; (7) any constructed outlet channel; (8) all dikes and berms designed and constructed to protect a dam; (10) all other features constructed to protect or operate a dam. (b) "Breach" means a gap or an opening in an embankment or auxillary spillway that results in the complete loss of reservoir storage. (c) "Breach analysis" means an analysis performed by a licensed professional engineer to determine the areas that would be inundated if a dam failed. (d) "Chief engineer" means the chief engineer, division of water resources, department of agriculture. (e) "Commission" means the state conservation commission. (f) "Decommissioning" means the removal of a dam, the appurtenant works, and the embankment. (g) "Detention dam" means a single-purpose dam designed for the temporary storage of floodwaters and for the controlled release of those floodwaters. (h) "District" means a watershed district, drainage district, or any other special-purpose district that has been organized and incorporated according to appropriate statutes and has the power to levy taxes and the power of eminent domain. (i) "Embankment" means a dam's principal barrier made of earth or rock fill or a combination of earth and rock fill. (j) "General plan" means a preliminary engineering report describing the characteristics of the project area, and the nature and methods of dealing with the soil and water problems within the project area. The general plan shall include maps, descriptions, and other data as necessary for the location, identification, and establishment of the scope of the work to be undertaken and any other relevant data and information that the chief engineer may require. (k) "Grade stabilization dam" means a structure designed to control the erosion of a watercourse. (l) "Hazard" means any situation that creates the potential for adverse consequences that may include loss of life, property damage, and any other adverse impact. (m) "Inundation area" means the area below a dam that would be inundated with water as determined by conducting a breach analysis. (n) "Operation and maintenance" means the actions or upkeep, or both, necessary for a dam to continue to function properly, including the following: (1) Woody vegetation control; (3) burrowing animal control; (4) the repair of minor erosion, cracks, animal burrows, and minor settling; (5) the care of pipes, piezometers, drains, valves, gates, and other mechanical devices; (6) the replenishment and proper placement of riprap; (7) the removal of debris from spillways; and (8) any other actions necessary for upkeep. (o) "Permit" means the formal document issued by the chief engineer or other issuing agency to the district authorizing the construction or rehabilitation of a project. (p) "Project" means the construction or rehabilitation of a detention dam or grade stabilization dam. (q) "Rehabilitation" means any work, except work required due to inadequate operation and maintenance, to extend the service life of a dam and to meet the applicable safety and performance standards. (r) "Structure condition report worksheet" means a current physical assessment of a rehabilitation project on a form prescribed by the commission. Kan. Admin. Regs. § 11-3-1
Authorized by K.S.A. 2-1904, K.S.A. 2005 Supp. 2-1915, and L. 2005, ch. 206, sec. 75; implementing K.S.A. 2005 Supp. 2-1915 and L. 2005, ch. 206, sec. 75; effective, T-86-43, Dec. 18, 1985; effective May 1, 1986; amended March 24, 2006.