§ 41-3-314 — Alterations or repairs of dams or diversion systems; emergency repairs or breaching

Wyoming § 41-3-314

• Jurisdiction: Wyoming
• Title 41: Water
• Ch. 3: WATER RIGHTS; ADMINISTRATION AND CONTROL
• Art. 3: RESERVOIRS

Text

(a) In case of an emergency where the state engineer or
his authorized representative declares that repairs or breaching
of a dam or diversion system are immediately necessary to
safeguard life and property, the necessary repairs or breaching
shall be started immediately by the owner or by the state
engineer or his representative at the owner's expense, if the
owner fails to do so. The state engineer and emergency response
agencies shall be notified at once of any changes in the
physical conditions of the dam, diversion system, or reservoir
which significantly increase the probability of failure of the
dam or diversion works or the danger to life or property,
proposed emergency repairs or breaching to be instituted by the
owner. These reporting requirements shall apply only to cases in
which an emergency has been declared pursuant to this
subsection.
(b) If emergency repairs have been made and the emergency
situation has passed, the owner shall commence all repairs
necessary to return the dam or diversion system to a safe and
usable condition, as provided in W.S. 41-3-308 through 41-3-310.
(c) All costs incurred by the state engineer during an
emergency shall be payable by the owner or owners on receipt of
the bill of costs from the state engineer. Costs not paid within
thirty (30) days after presentation of the bill shall constitute
a lien upon the dam or diversion system or other properties of
the owner or owners and may be collected by appropriate action
in any court of competent jurisdiction. The lien shall be filed
as provided by W.S. 41-3-310(c).