New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 12 - DAM DESIGN, CONSTRUCTION AND DAM SAFETY › Section 19.25.12.21 - EXISTING DAMS

Current through Register Vol. 35, No. 13, July 16, 2024
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.