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 19.25.12.13 - PERMIT CONDITIONS
Current through Register Vol. 35, No. 6, March 26, 2024
After reviewing the required documentation, the state engineer will notify the dam owner if any deficiencies are found with the submittal to construct and operate a dam. The dam owner will be given an opportunity to correct any deficiencies noted in the review process. Once all deficiencies have been addressed the state engineer will approve the application for permit to construct and operate a dam with conditions under which construction and operation shall occur. Failure to comply with conditions of the approved permit may result in the state engineer issuing an order to redesign, reconstruct or restrict operation of the dam and reservoir until conditions are met. Construction must be completed within two years of approving the application unless an extension of time for the construction is requested and approved by the state engineer. The permit conditions are described below and may include additional conditions determined necessary by the state engineer to ensure the dam is constructed and operated in a safe condition.
A. Engineer supervising construction: Prior to initiation of construction, the dam owner shall designate a professional engineer licensed in the state of New Mexico qualified in the design and construction of dams to supervise construction. If the state engineer finds the engineer acceptable, an order is issued approving the engineer and setting forth conditions under which the engineer will supervise construction. Construction supervision conditions are described below.
I,________________,(engineer's name) state that I am a qualified professional engineer licensed in the state of New Mexico, that I have supervised the (construction, repair, rehabilitation) of ____________dam and appurtenant structures and find them to be completed in accordance with the record construction drawings and specifications and are now in a satisfactory condition for acceptance.
(Engineer's signature) , License number ______________ (SEAL)
Engineer's name
Date: ______________
B. State engineer's authority during construction: The state engineer may perform inspections at any time during construction of the dam and appurtenant structures. Inspections will vary with each project, based on the complexity of the design. Inspection of specific construction items are standard construction conditions in the permit and require the engineer supervising construction to provide the state engineer with a minimum of 72 hours advanced notice. If the state engineer receives a minimum of 72 hours advanced notice, a delay of construction to schedule a state engineer inspection is not required. State engineer inspection fees are charged in accordance with Subsection E of 19.25.12.8 NMAC. Fees for inspection of construction by the state engineer not paid on demand shall become a lien on any land or other property of the dam owner and may be recovered by the state engineer.
C. Completion of construction: Upon completion of construction, a proof of completion of works form for the dam shall be submitted in accordance with 19.25.12.14 NMAC. Owners of dams classified as high or significant hazard potential shall submit to the state engineer any required updates to the operation and maintenance manual in accordance with 19.25.12.17 NMAC and any required updates to the emergency action plan in accordance with 19.25.12.18 NMAC incorporating any modifications made during construction. Upon the satisfactory completion of all conditions in the permit, pending the issuance of a certificate of construction and license to operate a dam, use of the reservoir shall require written permission from the state engineer. Use of the dam and reservoir are restricted until the state engineer accepts the updated operation and maintenance manual and emergency action plan, if required.
D. Extension of time for construction: The state engineer will grant an extension of time for completing construction upon proper showing by the dam owner of due diligence or reasonable cause for delay and accompanied with a fee in accordance with Subsection D of 19.25.12.8 NMAC. An affidavit by a professional engineer licensed in the state of New Mexico qualified in the design and construction of dams shall be filed with the state engineer providing evidence that the design of the dam meets or exceeds the design requirements in accordance with 19.25.12.11 NMAC. An extension of time may be granted for a period not to exceed five (5) years. No extension of time shall be granted which in combination extend the time allowed by the permit beyond ten (10) years from the initial date of approval of the application, unless the state engineer in his discretion expressly waives this limitation pursuant to NMSA 1978, Section 72-5-14. Failure to request an extension of time shall result in cancellation of the permit by the state engineer.
E. Operation conditions: Operation conditions will be identified in the permit to construct and operate a dam. Operation conditions are described below: