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

Universal Citation: 19 NM Admin Code 19.25.12.19

Current through Register Vol. 35, No. 18, September 24, 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.

B. Removal or breach of dams classified as high or significant hazard potential: Dam owners intending to breach or remove a dam classified as high or significant hazard potential shall submit a plan to the state engineer for approval prior to breaching or removing the dam. The plan shall evaluate the potential effects of the dam removal or breach on life, property and the environment downstream. A professional engineer licensed in the state of New Mexico qualified in the design and construction of dams shall prepare the plan. The state engineer will revoke the license to operate a dam upon completion of all construction conditions. The plan shall meet the conditions described below.

(1) The reservoir shall be emptied in a controlled manner, which will not endanger lives or damage property downstream.

(2) The dam or breach area shall be excavated down to the level of natural ground and the breach shall be of sufficient width to safely pass the 100-year, 24-hour flood peak discharge without attenuation of the flood through the reservoir.

(3) The side slopes of the breach shall be excavated to a stable angle.

(4) The breach shall be armored as necessary to prevent erosion of the breach area.

(5) The plan shall address the control of sediment previously deposited in the reservoir.

(6) Drawings and specifications shall be prepared in accordance with the appropriate requirements listed in Subsections D and E of 19.25.12.11 NMAC and shall include a title sheet with required certifications and signatures, the location, dimensions and lowest elevation of the breach and any other detail to sufficiently describe the proposal.

(7) Designation of the professional engineer licensed in the state of New Mexico qualified in the design and construction of dams that will supervise construction of the breach or dam removal. Submittal of the professional engineer's qualifications for state engineer approval is required.

C. Removal or breach of dams classified as low hazard potential: Owners of dams classified as low hazard potential shall submit a written notice to the state engineer of intent to breach the dam. The state engineer will revoke the license to operate a dam upon completion of all construction conditions. The breach notice shall meet the minimum requirements described below.

(1) The bottom width elevation of the breach shall be to original ground.

(2) The bottom width of the breach shall be a minimum of one-half the height of the dam but not less than 10 feet.

(3) The side slopes shall not be steeper than one horizontal to one vertical.

(4) The excavated material shall not be placed in the streambed.

D. Closure of a tailings facility: A closure plan must be prepared to address the closure of a tailings facility. State engineer approval is required before any modification occurs to a jurisdictional tailings dam. A professional engineer licensed in the state of New Mexico qualified in the design and construction of tailings dams shall prepare the closure plan, which shall include a design report, drawings and specifications prepared in accordance with the appropriate requirements listed in Subsections C, D and E of 19.25.12.11 NMAC. The state engineer will revoke the license to operate a dam upon completion of all construction conditions. The plan shall address the following issues:

(1) long-term stability under static and dynamic conditions;

(2) control of surface runoff to avoid erosion;

(3) plan for long term monitoring, if appropriate; and

(4) identification of an engineer licensed in the state of New Mexico qualified in tailings dam design and construction to supervise implementation of the closure plan; submittal of the engineer's qualifications for state engineer approval is required.

E. Construction and operating conditions: After reviewing the required documentation, the state engineer will notify the dam owner if any deficiencies are found with the submittal. 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 amended application or proposed change with conditions under which construction and operation shall occur. Action by the state engineer will be in accordance with 19.25.12.13 NMAC, appropriately modified to address the proposed changes.

F. Proof of completion of works, certificate of construction and license to operate: The requirement for a proof of completion of works form for the dam, certificate of construction and license to operate a dam for changes to a dam will be made on a case by case basis by the state engineer. The proof of completion of works form for the dam, certificate of construction and license to operate a dam, if required, shall be in accordance with the Sections 14, 15 and 16 of 19.25.12 NMAC, appropriately modified to address the proposed changes. If the dam is breached, the state engineer will cancel the permit and revoke the license to operate a dam.

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