Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 458 - NEBRASKA DEPARTMENT OF NATURAL RESOURCES RULES FOR SAFETY OF DAMS AND RESERVOIRS › Chapter 1 - DEFINITIONS APPLICABLE TO TITLE 458 › Section 458-1-001

Current through June 17, 2024
For purposes of Title 458 rules, the following definitions
				  shall apply:
001.01 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.
001.02 Adverse consequences means the
				negative impacts that may occur upstream, downstream, or at locations remote
				from the dam, including but not limited to, loss of human life, economic loss
				including property damage and lifeline disruption.
001.03 Alterations means alterations to an
				existing dam that directly affect the safety of the dam or reservoir, as
				determined by the Department, but do not include maintenance and repair of the
				dam to retain its initial structural integrity.
001.04 Application includes an application
				form, plans and specifications.
001.05 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.
001.06
				Appurtenant works include, but are not limited to: structures such as
				spillways, either in or separate from the dam; the reservoir and its rim;
				low-level outlet works; and water conduits including, but not limited to,
				tunnels, pipelines, or penstocks, either through the dam or its
				abutments.
001.07 Breach means
				partial removal of a dam creating a channel through the dam to the natural bed
				elevation of the stream.
001.08
				Consulting Board means board appointed by the Department under the provisions
				of
Neb
.
Rev
.
Stat
. §
									46-1645.
001.09 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. Dam does not
				include:
(1) an obstruction in a canal used
				to raise or lower water;
(2) a fill
				or structure for highway or railroad use, but if such structure serves, either
				primarily or secondarily, additional purposes commonly associated with dams it
				shall be subject to review by the department;
(3) canals, including the diversion
				structure, and levees; or
(4) water
				storage or evaporation ponds regulated by the United States Nuclear Regulatory
				Commission.