§ 41-3-317 — 41-3-308. Alterations or repairs of dams or diversion systems; plans and specifications; duties of state engineer

Wyoming § 41-3-317

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

Text

(a) Plans and specifications of any proposed construction,
enlargement, major repair, alteration or removal of a dam or
diversion system shall be prepared by or under the direction of
a registered professional engineer licensed to practice in the
state of Wyoming and experienced in dam design and construction,
and shall be submitted to the state engineer for approval. It is
unlawful to commence construction, enlargement, major repair,
alteration or removal until the plans and specifications have
been approved by the state engineer. At the request of the state
engineer, the professional engineer responsible for the plans
and specifications shall carry out any revisions of the plans
and specifications or provide such additional information as is
necessary to justify or clarify the design.
(b) A copy of all plans and specifications submitted under
this section shall be kept on file in the state engineer's
office.
(c) In the event that a proposed dam or diversion system
is related to a facility which requires an industrial siting
permit pursuant to W.S. 35-12-106:
(i) The plans and specifications of the proposed dam
or diversion system shall be submitted to the state engineer at
the same time that the application for an industrial siting
permit is submitted to the industrial siting administration
[industrial siting council] pursuant to W.S. 35-12-108;
(ii) The state engineer shall approve or reject the
plans and specifications of the proposed dam or diversion system
prior to the public hearing conducted pursuant to W.S.
35-12-110(f)(i);
(iii) The approval or rejection of the plans and
specifications of the proposed dam or diversion system shall be
binding on the industrial siting council for the purposes of
issuing an industrial siting permit.
(d) The state engineer shall provide for the regulation
and supervision of all dams, diversion systems and reservoirs by
the state to the extent required to protect the public safety
and property. The state engineer is authorized and directed to
promulgate regulations and standards for the design,
construction, enlargement, alteration, abandonment, maintenance,
monitoring, operation, repair and removal of dams, reservoirs,
and diversion systems as are necessary and proper to carry out
the purposes of this act. The state engineer may waive any or
all of the requirements of this act in instances where the dam
or diversion system is located in a remote area where there is
no threat to the public safety or property.