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. 6, March 26, 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.
