The state engineer may inspect existing dams to verify dams
are operated and maintained in a safe manner. Access to the dam site shall be
made available to the state engineer upon request. If a critical dam safety
problem is observed by the state engineer or reported to the state engineer, an
order may be issued requiring the dam owner to address the problem. If a dam
incident occurs at a dam, the dam owners shall report the incident to the state
engineer within 72 hours. If a major repair is required at an existing dam, the
plan to repair the dam shall be in accordance with
19.25.12.19 NMAC. Minor repairs
not identified as maintenance activity in accordance with
19.25.12.17 NMAC require state
engineer approval. Failure to comply with state engineer directives or these
regulations may result in an order to reduce storage or to take corrective
action. Failure to comply with orders issued by the state engineer may result
in the license to operate a dam being revoked and the dam ordered breached in
accordance with Subsection B or C of
19.25.12.19 NMAC. Owners of
existing dams shall comply with the requirements described below.
A. Owners acquiring property with a dam shall
promptly notify the state engineer on a form provided by the state engineer of
the change in ownership. Recognition of the responsibility and liability
associated with dam ownership is required along with fees for filing the change
in ownership form for a dam in accordance with Subsection G of
19.25.12.8 NMAC.
B. Owners of dams classified as low or
significant hazard potential shall evaluate the hazard classification if
downstream development occurs. The dam owner shall submit the results of the
hazard potential evaluation prepared in accordance with Paragraph (1) of
Subsection C of
19.25.12.11 NMAC to the state
engineer for approval. If the hazard potential classification changes due to
downstream development, the state engineer shall give the dam owner a time
limit to address deficiencies. Deficiencies shall be addressed in accordance
with Subsection C of
19.25.12.11 NMAC and Sections 17
and 18 of
19.25.12 NMAC.
C. Dams
classified as high or significant hazard potential shall be inspected on an
interval no greater than 5 years by a professional engineer licensed in the
state of New Mexico qualified in the design and construction of dams. The owner
is responsible for securing the services of the professional engineer. The
professional engineer shall provide a signed and sealed report to the state
engineer describing the findings of the inspection and recommendations for
corrective action or changes to the operating procedures. Routine inspection by
the state engineer as described in
19.25.12.21 NMAC satisfies this
requirement.
D. Owners of dams
classified as high or significant hazard potential in an unsafe condition may
receive an order from the state engineer to address the deficiency pursuant to
NMSA 1978, Section
72-5-11(1979).
The state engineer may also issue an order to an owner of a non-jurisdictional
dam if the dam is unsafe and a threat to life or property, as determined by the
state engineer. Owners shall comply with orders issued by the state engineer
pursuant to NMSA 1978, Section
72-5-12(1979).
E. Owners of dams classified as high or
significant hazard potential shall comply with
19.25.12.17 NMAC requiring an
operation and maintenance manual. Upon compliance with
19.25.12.17 NMAC the state
engineer will issue a license to operate the dam.
F. Owners of dams classified as high or
significant hazard potential shall comply with
19.25.12.18 NMAC requiring an
emergency action plan. Dams classified as significant hazard potential for
flood control purposes with no permanent storage shall comply by December 31,
2012. Owners of 5 or more dams classified as high or significant hazard
potential may propose a schedule for compliance with the emergency action plan
requirement. The schedule must propose compliance dates for each dam and all
dams must be in compliance by December 31, 2015. The compliance schedule is
subject to review and approval or modification by the state engineer.
G. Dam owners that transfer the entire water
right out of the reservoir shall have their license to operate a dam revoked
and will receive from the state engineer an order to breach the dam in
accordance with Subsection B or C of
19.25.12.19 NMAC.
H. Dam owners that fail to obtain state
engineer approval prior to construction of a dam shall comply with all
conditions imposed by the state engineer within a time limit established by the
state engineer or the state engineer may order the dam breached in accordance
with Subsection B or C of
19.25.12.19
NMAC.
