Nebraska Administrative Code
Topic - NATURAL RESOURCES, DEPARTMENT OF
Title 458 - NEBRASKA DEPARTMENT OF NATURAL RESOURCES RULES FOR SAFETY OF DAMS AND RESERVOIRS
Chapter 5 - REQUIREMENTS FOR DAMS CONSTRUCTED PRIOR TO SEPTEMBER 4, 2005, AND NOT PREVIOUSLY APPROVED BY THE DEPARTMENT
Section 458-5-002 - Applications
Current through September 17, 2024
Application must be made on a form provided by the Department. Plans and specifications for the dam must be submitted to the Department with the application form. The filing fee shall accompany the application.
002.01 If a surface water appropriation is required for the storage reservoir in accordance with Neb. Rev. Stat. § 46-241, the plans, specifications and application for approval shall be submitted at the same time as the application for a surface water appropriation.
002.02 If the owner of the dam is not the landowner of the land where the dam and reservoir are, the application shall be accompanied by documentary evidence describing the relationship and responsibilities of the owner of the dam and the landowner. Acceptable documentary evidence includes but is not limited to leases, contracts, memoranda of agreement, or easements. The application will not be approved if the owner of the dam does not have sufficient legal authority to operate and maintain the dam and reservoir for its anticipated design life or sufficient authority to comply with any order the Department issues regarding the safety of the dam or operation of the dam and reservoir.
002.03 The application form must be signed by all the owners of the dam and reservoir.
002.04 The application shall include the name, mailing address, electronic address and telephone number of the person or persons responsible for maintaining and operating the dam and reservoir. Each person's responsibility shall be described in sufficient detail to provide the Department a complete description of each person's duties and responsibilities and accurate information about how each person can be contacted. The application must include copies of all contracts or other agreements between the applicant and the person responsible for operation and/or maintenance of the dam and reservoir.
002.05 If the dam does not have an outlet for releasing water in compliance with Neb. Rev. Stat. § 46-241(5), a request for a waiver as described in Department rule Title 458, Chapter 6 must accompany the application for approval.
002.06 The Department will return applications that are incomplete or incorrectly filled out to the applicant. The corrected or completed application must be returned to the Department within ninety days. Failure to refile within 90 days will result in the forfeiture of the fees, and dismissal of the application. If applicable, the application for an associated surface water storage appropriation will also be dismissed.
