Okla. Admin. Code § 785:25-1-2

Current through Vol. 42, No. 3, October 15, 2024
Section 785:25-1-2 - Definitions

The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:

"Agriculture-exempt dam" means a low hazard potential dam which is less than 25 feet in height, has a normal storage capacity of less than 100 acre-feet of waterthat will be used primarily for agriculture purposes as defined in 785:20-1-2, and was orwill be designed or constructed with the assistance of a local conservation district or federal agriculture related agency [82:110.5].

"Alteration" means only such alteration as may affect the safety of a dam or reservoir.

"Application" means a formal request to the Board and the first step required by law to acquire the right to perform or engage in activities regulated by the Board.

"Board" means and refers to the Oklahoma Water Resources Board or any employee or agent or staff member thereof.

"Breach" means an unintentional opening through a dam that allows the uncontrolled draining of a lake or reservoir.

"Breach analysis" means an engineering analysis to determine the area that would be inundated by the failure of a dam.

"Controlled breach" means a constructed opening through a dam to drain or partially drain a lake or reservoir.

"Dam" means any artificial barrier, together with appurtenant works, which does or may impound or divert water.

"Decommission" means to render a dam incapable of impounding water by breaching the dam embankment in such a manner that water cannot be stored or impounded, to stabilize the sediment in the lake bed and remaining embankment with grass or other vegetation to prevent erosion and control sediment, and to restore the stream channel to natural conditions.

"Enlargement" means any change in or addition to an existing dam or reservoir which raises or may raise the water storage elevation of the water impounded by the dam or reservoir.

"Failure" with respect to a dam means any uncontrolled release of water.

"Gully plug" means any grade stabilization structure that has less than five acre-feet of water storage available below the principal spillway elevation and less than 50 acre-feet of storage volume below the emergency spillway elevation.

"Interested party" means party.

"Loss of human life" means the human fatalities that would result from a failure of the dam, excluding the occasional passer-by or recreationist and without considering evacuation or other emergency actions.

"Maximum storage" means the amount of water which may be stored behind a dam with the lake level at the top of the dam embankment.

"Notice by publication" means unless otherwise specifically provided, publication in a daily or weekly newspaper of general circulation once a week or two (2) consecutive weeks (minimum seven day interval).

"Owner"means any person who, jointly or severally, owns, controls, maintains, manages, or proposes to construct a dam or reservoir, and includes those shown by records of the county registrar of deeds to have some interest, fee, easement, or otherwise, in the land on which the dam and lake lie and may also include those persons who may derive a direct pecuniary benefit from the existence of the lake [82:110.3].

"Party" means a person or agency named and participating, or properly seeking and entitled by law to participate, in hearings other than hearings on Board rules, regulations and standards.

"Person"means any individual, firm, partnership, association, corporation, any trust formed for the benefit of an individual, business or any public entity, federal agency, state agency, the State or any political subdivision thereof, municipalities, and any other legal entity [82:110.3].

"Removal" means complete elimination of the dam embankment, spillways, and structures whereby the area is restored to the approximate topographic contours original to the area before the dam was constructed.

"Repairs" means only such repairs as may affect the safety of a dam or reservoir.

"Reservoir" means any surface depression which contains or will contain the water impounded by a dam.

"Statistical twenty-four (24) hour, fifty (50) year storm" means a storm of twenty-four (24) hour duration with a probable recurrence interval of once in fifty (50) years as defined by the National Weather Service in Technical Paper Number 40, "Rainfall Frequency Atlas of the United States," May 1961, and subsequent amendments, or equivalent regional or state rainfall probability information developed therefrom.

"Water storage elevation" means that elevation of water surface which may be obtained by the temporary or permanent storage of water. This elevation is normally the lowest point on the top of the dam.

Okla. Admin. Code § 785:25-1-2

Amended at 10 Ok Reg 3287, eff 6-25-93 ; Amended at 11 Ok Reg 2931, eff 6-13-94 ; Amended at 27 Ok Reg 1300, eff 5-27-10 ; Amended at 30 Ok Reg 880, eff 6-13-13