Nebraska Statutes 46-1651. Rules and regulations
(1) The department may adopt and promulgate rules and regulations containing standards for the design, inspection, construction, reconstruction, enlargement, alteration, breach, removal, abandonment, and periodic testing of emergency action plans of dams to carry out the purposes of the Safety of Dams and Reservoirs Act. Such rules and regulations may also include, but are not limited to, establishing:
Terms Used In Nebraska Statutes 46-1651
- 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
- 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
- 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
- High hazard potential: means a hazard potential classification such that failure or misoperation of the dam resulting in loss of human life is probable. See Nebraska Statutes 46-1619
- 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
- Significant hazard potential: means a hazard potential classification such that failure or misoperation of the dam would result in no probable loss of human life but could result in major economic loss, environmental damage, or disruption of lifeline facilities. See Nebraska Statutes 46-1632
- 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
(a) Standards and criteria for the siting and design of dams, considering both existing and projected conditions which may affect the safety of a project during its construction and operational life;
(b) Requirements for operation of dams, including operational plans to be prepared and implemented by owners;
(c) Requirements for monitoring, inspection, and reporting of conditions affecting the safety of dams; and
(d) Requirements for emergency action plans to be prepared and implemented by owners in cooperation with emergency management authorities.
(2) In adopting rules and regulations applicable to dams which may have a high hazard potential or a significant hazard potential, the department may consider:
(a) The state of scientific and technological knowledge and good engineering practices relating to various types of dams;
(b) The economic impact of a failure of a structure upon the state and its citizens; and
(c) The relationship of dams in hydrologic management in the watershed as a whole.