Terms Used In Nebraska Statutes 46-1639

• Abandonment: means the process of rendering a dam incapable of impounding by (1) dewatering and filling the reservoir created by such dam with solid materials and (2) creating a stable watercourse around the site. See Nebraska Statutes 46-1603
• Action shall: include any proceeding in any court of this state. See Nebraska Statutes 49-801
• Application approval: means authorization in writing issued by the department to an owner who has applied to the department for permission to construct, reconstruct, enlarge, alter, breach, remove, or abandon a dam and which specifies the conditions or limitations under which work is to be performed by the owner or under which approval is granted. See Nebraska Statutes 46-1606
• Breach: means partial removal of a dam creating a channel through the dam to the natural bed elevation of the stream. See Nebraska Statutes 46-1609
• Dam: means any artificial barrier, including appurtenant works, with the ability to impound water, wastewater, or liquid-borne materials and which (a) is twenty-five feet or more in height from the natural bed of the stream or watercourse measured at the downstream toe of the barrier, or from the lowest elevation of the outside limit of the barrier if it is not across a stream channel or watercourse, to the maximum storage elevation or (b) has an impounding capacity at maximum storage elevation of fifty acre-feet or more, except that any barrier described in this subsection which is not in excess of six feet in height or which has an impounding capacity at maximum storage elevation of not greater than fifteen acre-feet shall be exempt, unless such barrier, due to its location or other physical characteristics, is classified as a high hazard potential dam. See Nebraska Statutes 46-1611
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the Department of Natural Resources. See Nebraska Statutes 46-1613
• Enlargement: means any change in or addition to an existing dam which raises or may raise the normal storage elevation of the water impounded by the dam. See Nebraska Statutes 46-1617
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Owner: includes any of the following who or which owns, controls, manages, or proposes to construct, reconstruct, enlarge, alter, breach, remove, or abandon a dam:

  (1) The United States Government and its departments, agencies, and bureaus. See Nebraska Statutes 46-1625

• Reconstruction: means partial or complete removal and replacement of an existing dam. See Nebraska Statutes 46-1629
• Removal: means complete elimination of the dam embankment or structure to restore the approximate original topographic contours of the site. See Nebraska Statutes 46-1630
• State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801