In order to protect the rights of persons downstream and to facilitate compliance with interstate compacts, decrees and agreements, all dams, including all structures subject to Chapter 4 and 5 of these rules, are required to have an outlet works. The Department may waive the requirement for an outlet works if the owner of the dam has an acceptable alternative method for passing water when ordered to do so. A request for a waiver must be filed on a form provided by the Department and must describe why an outlet works is not necessary, and how the owner of the dam will meet the requirements of Neb. Rev. Stat. § 46-241(5) and be accompanied by the filing fee. The Department will not allow waivers for dams associated with public roadways, or for dams required to have emergency action plans.
458 Neb. Admin. Code, ch. 6, § 001
STATUTORY AUTHORITY: Neb. Rev. Stat. § 46-241
Neb. Rev. Stat. § 61-206
Neb. Rev. Stat. § 33-105(8)