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 19.25.12.19 - CHANGES TO AN EXISTING DAM

Current through Register Vol. 35, No. 13, July 16, 2024
A dam owner proposing to reconstruct, enlarge, modify,
				  restore reservoir capacity, repair, remove or breach an existing dam must make
				  application to and receive approval from the state engineer prior to
				  undertaking any such action. The current condition of the dam, the type of
				  repair or modification and the proposed means to achieve the repair or
				  modification shall dictate the detail of the information provided to the state
				  engineer in order to obtain approval. Because each site, design change and
				  operating practice is unique, waivers of specific requirements in this section
				  will be considered on a case-by-case basis. Request for waiver shall be in
				  writing accompanied with documentation justifying the request. If the request
				  is not justified to the satisfaction of the state engineer the request will be
				  denied. Existing dams present the same hazards to life and property downstream
				  as new dams. Therefore, owners of dams classified as high or significant hazard
				  potential shall evaluate the current condition of the dam and address in the
				  submittal to the state engineer whether the dam is in compliance with the
				  design requirements in Subsection C of
				  19.25.12.11 NMAC.
				  If the state engineer determines compliance with requirements in Subsection C
				  of
				  19.25.12.11 NMAC
				  are critical to the safety of the dam, the state engineer shall issue an order
				  requiring the deficiency be addressed as part of the proposed change. Owners of
				  dams classified as low hazard potential shall comply with the design
				  requirements in Subsection C of
				  19.25.12.11 NMAC
				  for the proposed change only. Maintenance activity performed in accordance with
				  19.25.12.17
				  NMAC does not require prior state engineer approval. Dam owners shall not
				  abandon a dam without breaching or removing the dam to ensure the dam no longer
				  poses a risk to life, property, the environment surrounding the dam or
				  downstream of the dam. In the event of any changes of ownership affecting the
				  title to a dam, the new owner shall file a change of ownership form for a dam
				  with the state engineer. 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.
				  This section exempts federal dams if no change to the water storage permit is
				  required. A proposed change to an existing dam shall require the submittal of
				  the information described below and any other additional information determined
				  necessary by the state engineer to evaluate if the change to the dam is
				  safe.
A. Proposed changes to an
				existing dam: For dam owners proposing to reconstruct, enlarge, modify, restore
				reservoir capacity, repair or add aesthetic fill to an existing dam, the
				information described below is required prior to undertaking any such action.
(1) An application to alter, repair or
				rehabilitate the dam and appurtenant structures. Fees for filing the
				application and for reviewing drawings and specifications shall be in
				accordance with Subsections B and C of 19.25.12.8 NMAC. Review fees identified
				in Subsection C of 19.25.12.8 NMAC are waived for the first review if the state
				engineer requires the change to address a dam safety deficiency.
(2) Documentation of sufficient water rights
				if changes in storage or release requirements are proposed in accordance with
				the requirements of Subsection B of 19.25.12.11 NMAC.
(3) A design report addressing the proposed
				change in accordance with the requirements of Subsection C of 19.25.12.11 NMAC.
				Owners of dams classified as high or significant hazard potential shall submit
				a design report addressing whether the existing condition of the dam is in
				compliance with the design requirements listed in Subsection C of 19.25.12.11
				NMAC. Where the existing condition of the dam is not in compliance with the
				design requirements of Subsection C of 19.25.12.11 NMAC, the design report
				shall propose changes to address compliance with the design requirements of
				Subsection C of 19.25.12.11 NMAC or request a waiver that the deficiency is not
				critical to the safety of the dam and provide adequate justification for the
				waiver.
(4) Construction drawings
				and specifications addressing the proposed change in accordance with the
				requirements of Subsections D and E of 19.25.12.11 NMAC.
(5) A plat of survey showing the dam owner's
				property boundaries, easement, or right of way. The plat of survey shall be in
				accordance with the requirements of Subsection F of 19.25.12.11 NMAC.
(6) For dams classified as high or
				significant hazard potential, a dam site security assessment in accordance with
				the requirements of Subsection G of 19.25.12.11 NMAC.
(7) For dams classified as high or
				significant hazard potential, an instrumentation plan in accordance with the
				requirements of Subsection H of 19.25.12.11 NMAC.
(8) For dams classified as high or
				significant hazard potential, an updated operation and maintenance manual and
				emergency action plan in accordance with the requirements of Sections 17 and 18
				of 19.25.12 NMAC.