Arizona Laws 45-1209. Notice of completion; license of final approval; removal of dam
A. Immediately upon completion or enlargement of a dam, notice of completion shall be given to the director. As soon as possible thereafter supplementary drawings or descriptive matter showing or describing the dam as actually constructed shall be filed with the director which shall include:
Terms Used In Arizona Laws 45-1209
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Dam: means any artificial barrier, including appurtenant works for the impounding or diversion of water, twenty-five feet or more in height or the storage capacity of which will be more than fifty acre-feet but does not include:
(a) Any barrier that is or will be less than six feet in height, regardless of storage capacity. See Arizona Laws 45-1201
- Director: means the director of water resources, who is also the director of the department. See Arizona Laws 45-101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Owner: includes any person or entity that owns, controls, operates, maintains, manages or proposes to construct or modify a dam. See Arizona Laws 45-1201
- Property: includes both real and personal property. See Arizona Laws 1-215
1. A record of all grout holes and grouting.
2. A record of permanent location points and bench marks.
3. A record of tests of concrete or other material used in the construction of the dam.
4. A record of other items of permanent value bearing on safety and permanence of construction.
B. When an existing dam is enlarged, the supplementary drawings and descriptive matter need apply only to the new work.
C. The owner of a completed dam shall file an affidavit of the total cost of the dam comprised of items set forth in section 45-1204 and furnish such evidence in support thereof as the director requires. No license of final approval shall issue until the affidavit is filed. The completed dam shall be inspected by the director, and upon finding that the work has been done as required and that the dam is safe, the director shall issue a license of final approval forthwith, subject to such terms as the director deems necessary for the protection of life and property. In the event the total cost exceeds the estimated cost, the fee shall be recomputed in accordance with rules adopted pursuant to section 45-1204, subsection B. The owner shall pay the difference between the fee already paid and the recomputed fee.
D. Pending issuance of the license, the dam shall not be used except on written consent of the director, subject to conditions he may impose.
E. When a dam is removed the owner shall file with the director evidence showing that a sufficient portion has been removed to permit the free passage of floodwaters. Before final approval of the removal of the dam the director shall inspect the work to ascertain its safety.