Oklahoma Administrative Code
Title 785 - Oklahoma Water Resources Board
Chapter 25 - Dams and Reservoirs
Subchapter 9 - Actions After Construction
Section 785:25-9-3 - Correction of deficiencies (not creating imminent peril)

(a) When an owner fails, neglects or refuses to comply with the Oklahoma Dam Safety Act, rules of this chapter, or orders of the Board, and there is no imminent peril to the public health or welfare shown the Board may, after notice and opportunity for hearing; issue an order requiring such owner to take whatever action the Board deems necessary to place the dam in a safe condition, meet the requirements of the Oklahoma Dam Safety Act, rules of the Board, or the previous orders of the Board [82:110.10].

(b) Actions which can be ordered may include but are not limited to lowering the level of or removing all water in the reservoir, providing an adequate warning to the public downstream, repair or modification of the existing dam after having the appropriate application for approval of plans and specifications granted, cease all construction work on a dam, and implementation of an appropriate operation and maintenance plan [82:110.10].

(c) If after such hearing it shall be determined to order such amendments, modifications or changes, the owner shall submit, if necessary under 785:25-5-1, plans and specifications for Board approval. Upon approval of the plans and specifications, the Board shall direct the time within which such modification, alteration, or construction shall be completed.

(d) In determining whether amendments, modifications or changes are necessary to protect life and insure safety of the dam, the Board shall take into consideration the possibility that the dam and reservoir might be endangered by overtopping, seepage, settlement, erosion, cracking, earth movement, or other conditions which exist in any area in the vicinity of the dam or reservoir.

(e) Amendments, modifications or changes may include routine maintenance items that do not require plans and specifications, such as removal of trees on an earthen embankment, establishing vegetation cover to prevent erosion, or updating a warning and evacuation plan, etc. Amendments, modifications or changes may also include alterations or repairs which require submittal and approval of plans and specifications, including but not limited to changing the spillway design capacity, rebuilding embankments, etc.