42-1715. INSPECTION DURING CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR OR REMOVAL OF DAMS AND MINE TAILINGS IMPOUNDMENT STRUCTURES — EFFECT OF NONCOMPLIANCE. During the construction, enlargement, repair, alteration, or removal of any dam, reservoir or mine tailings impoundment structure, the director shall make or cause to have made continuous or periodical inspections at state expense for the purpose of securing conformity with the approved plans and specifications, but shall require the owner to perform at his expense such work or tests as necessary to disclose information sufficient to enable him to determine that conformity with the approved plans and specifications is being secured, which shall include adequate inspection, at owner’s expense to verify compliance with approved plans, drawings and specifications.
The work of construction, enlargement, repair, alteration or removal of a dam, reservoir or mine tailings impoundment structure, for which approved plans, drawings and specifications are required, shall be under the responsible charge of a professional engineer who shall certify that such construction, enlargement, repair, alteration or removal was done in accordance with approved plans, drawings and specifications. If, after any inspections, investigations or examinations, or at any time as the work progresses, or at any time prior to issuance of a certificate of approval, it is found by the director that amendments, modifications or changes are necessary to insure safety, the director may order the owner to revise the plans and specifications. If conditions are revealed which will not permit the construction of a safe dam, reservoir or mine tailings impoundment structure, the approval may be revoked. In the event that conditions imposed may be waived or made less burdensome without sacrificing a proper margin of safety, the director may authorize an owner to revise the plans and specifications accordingly. If at any time during construction, enlargement, repair or alterations of any dam, reservoir or mine tailings impoundment structure the director finds that the work is not being done in accordance with the provision of the approval and the approved plans and specifications, he shall give a written notice and order by certified mail or by personal service to the owner. The notice and order shall state the particulars in which the approval and approved plans and specifications or the approval and approved plans and specifications as revised are not being or have not been complied with and shall order the immediate compliance with the approval and approved revised plans and specifications as the case may be. The director may order that no further work be done until such compliance has been effected and approved by him. A failure to comply with the approval and approved plans and specifications as originally approved or as revised shall render the approval subject to revocation by the director, if compliance is not made in accordance therewith after notice and order from him as provided in this chapter.
History:
[42-1715, added 1969, ch. 280, sec. 6, p. 833; am. 1974, ch. 20, sec. 16, p. 533; am. 1978, ch. 309, sec. 6, p. 789; am. 2016, ch. 206, sec. 4, p. 582.]
Structure Idaho Code
Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION
Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD
Section 42-1701 - CREATION OF DEPARTMENT OF WATER RESOURCES — DIRECTOR — QUALIFICATIONS — DUTIES.
Section 42-1701A - HEARINGS BEFORE DIRECTOR — APPEALS.
Section 42-1701B - ENFORCEMENT PROCEDURE — NOTICE — CONSENT ORDER — CIVIL ACTION.
Section 42-1702 - DUTY TO SUPPLY INFORMATION.
Section 42-1703 - ATTORNEY GENERAL TO ADVISE DIRECTOR.
Section 42-1704 - DIRECTOR TO MAKE REPORT.
Section 42-1705 - COOPERATION WITH UNITED STATES GEOLOGICAL SURVEY.
Section 42-1706 - ADDITIONAL DUTIES OF DIRECTOR.
Section 42-1709 - INSPECTION AND OVERSIGHT ON COMPLAINT OR DIRECTOR’S DETERMINATION.
Section 42-1711 - DEFINITIONS.
Section 42-1716 - NOTICE OF COMPLETION — FILING OF SUPPLEMENTARY DRAWINGS OR DESCRIPTIVE MATTER.
Section 42-1718 - REMEDIAL MEANS FOR PROTECTION OF LIFE AND PROPERTY.
Section 42-1719 - ISSUANCE OF CERTIFICATES OF APPROVAL — REVOCATION — APPEAL.
Section 42-1720 - VIOLATIONS OF CHAPTER — PENALTIES.
Section 42-1730 - STATEMENT OF PURPOSE.
Section 42-1731 - DEFINITIONS.
Section 42-1732 - IDAHO WATER RESOURCE BOARD.
Section 42-1733 - ORGANIZATION.
Section 42-1734 - POWERS AND DUTIES.
Section 42-1734A - COMPREHENSIVE STATE WATER PLAN.
Section 42-1734B - BOARD PROCEDURES FOR ADOPTING A COMPREHENSIVE STATE WATER PLAN.
Section 42-1734C - STATUS OF COMPREHENSIVE STATE WATER PLAN BEFORE FEDERAL AGENCIES.
Section 42-1734D - DESIGNATION OF INTERIM PROTECTED RIVERS.
Section 42-1734F - RIGHTS NOT AFFECTED.
Section 42-1734G - WATER RIGHTS.
Section 42-1734H - DESIGNATION OF PARTICULAR RIVERS AS INTERIM PROTECTED RIVERS.
Section 42-1734I - DESIGNATION UNDER FEDERAL LAW.
Section 42-1735 - APPOINTMENT OF COUNSEL — HEARING OFFICERS.
Section 42-1736B - WATER RESOURCE POLICY ACTIONS.
Section 42-1738 - VESTED WATER RIGHTS PROTECTED — POLICY OF PROJECT OPERATION AFTER PAY-OUT DEFINED.
Section 42-1739 - BOND AUTHORIZATION.
Section 42-1742 - SPECIAL FUNDS.
Section 42-1746 - FUNDING, REFUNDING BONDS.
Section 42-1747 - TAX EXEMPTION.
Section 42-1748 - CONSTRUCTION OF ACT.
Section 42-1749 - COMPELLING ISSUANCE.
Section 42-1750 - REVOLVING FUND — PUBLIC POLICY AND PURPOSE.
Section 42-1751 - DEFINITIONS.
Section 42-1752 - ESTABLISHMENT OF IDAHO WATER RESOURCE BOARD REVOLVING DEVELOPMENT FUND.
Section 42-1753 - SOURCE OF FUND.
Section 42-1754 - ALLOCATION OF FUND.
Section 42-1755 - PROJECTS — PLANS AND COST ESTIMATES — REPAYMENT CONTRACTS — TITLE.
Section 42-1757 - MEMBERS OF BOARD — CONFLICTS OF INTEREST.
Section 42-1758 - RULES AND REGULATIONS.
Section 42-1759 - ANNUAL REPORT AND FINANCIAL STATEMENT TO GOVERNOR AND LEGISLATURE.
Section 42-1760 - WATER MANAGEMENT ACCOUNT.
Section 42-1761 - WATER SUPPLY BANK CREATED.
Section 42-1762 - RULES AND REGULATIONS — ACQUISITION OF WATER RIGHTS.
Section 42-1763 - RENTALS FROM BANK — APPROVAL BY DIRECTOR.
Section 42-1765 - LOCAL COMMITTEES — RENTAL OF STORED WATER — APPORTIONMENT OF RENTAL PROCEEDS.
Section 42-1765A - LEMHI RIVER BASIN — LOCAL RENTAL COMMITTEE.
Section 42-1766 - APPEALS PROCEDURE FOR WATER RIGHT HOLDERS.
Section 42-1775 - DECLARATION OF POLICY AND PURPOSE.
Section 42-1776 - WATER RESOURCES CONSERVATION AND DEVELOPMENT TRUST ACCOUNT.
Section 42-1777 - WATER RESOURCES ADJUDICATION FUND.
Section 42-1778 - WATER RIGHTS ENFORCEMENT ACCOUNT.
Section 42-1779 - STATEWIDE COMPREHENSIVE AQUIFER PLANNING AND MANAGEMENT EFFORT.