Section 45-1201 - DefinitionsIn this article, unless the context otherwise requires:
1. "Dam" means any artificial barrier, including appurtenant works for the impounding or diversion of water, twenty-five feet or more in height or the storage capacity of which will be more than fifty acre-feet but does not include: (a) Any barrier that is or will be less than six feet in height, regardless of storage capacity.(b) Any barrier that has or will have a storage capacity of fifteen acre-feet or less, regardless of height.(c) Any barrier for the purpose of controlling liquid-borne material.(d) Any barrier that is a release-contained barrier.(e) Any barrier that is owned, controlled, operated, maintained or managed by the United States government or its agents or instrumentalities if a safety program that is at least as stringent as the state safety program applies and is enforced against the agent or instrumentality.(f) Any CCR surface impoundment as defined in section 49-701 that is regulated by a permit in effect under the coal combustion residuals program established pursuant to title 49, chapter 4, article 11 and approved for CCR surface impoundment safety by the United States environmental protection agency in accordance with 42 United States Code section 6945(d)(1).2. "Height" means the vertical distance from the lowest elevation of the outside limit of the barrier at its intersection with the natural ground surface to the spillway crest elevation.3. "Owner" includes any person or entity that owns, controls, operates, maintains, manages or proposes to construct or modify a dam.4. "Person" means any person, firm, association, organization, partnership, business trust, corporation, company or district.5. "Release-contained barrier" means any artificial barrier and appurtenant works that comply with both of the following:(a) Has a storage capacity that in the event of failure would be contained within property that the release-contained barrier owner owns, controls, operates, maintains or manages.(b) The property on which the release would be contained is not open to the public.6. "Storage capacity" means the maximum volume of water that can be impounded by the reservoir when there is no discharge of water.Amended by L. 2022, ch. 178,s. 1, eff. 9/23/2022.