§ 41-3-313 — Alterations or repairs of dams or diversion systems; outlets; maintenance; draining by breaching

(a) All dams and reservoirs hereafter constructed, with or
without a controlled inlet, shall contain an outlet controlled
by a headgate or other control works. The headgate or control
works shall be maintained in an operable condition at all times
and in a manner that water impounded by or within a dam or
reservoir may be evacuated or maintained at any water level
which may be required by the state engineer.
(b) All dams constructed prior to the effective date of
this act which have no outlet or means for lowering the
reservoir water level in an expeditious manner, may be drained
by breaching at the owner's expense when the public safety so
requires.
(c) The state engineer and anyone working under his
direction and control shall not be held liable for any damages
or loss of water resulting from the draining or imposed
restrictions as to the use of a reservoir, dam or diversion
system.
(d) If within thirty (30) days after presentation of an
itemized statement the owner fails to reimburse the state
engineer for expenses incurred under this section, any unpaid
balance of such expense shall automatically constitute a lien
upon lands or other properties of the owner.