Terms Used In West Virginia Code 22-14-22

• Dam: means an artificial barrier or obstruction, including any works appurtenant to it and any reservoir created by it, which is or will be placed, constructed, enlarged, altered or repaired so that it does or will impound or divert water and:

  (A) Is or will be twenty-five feet or more in height from the natural bed of the stream or watercourse measured at the downstream toe of the barrier and which does or can impound fifteen acre-feet or more of water. See West Virginia Code 22-14-3

• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deficient dam: means a noncoal-related dam that exhibits one or more design, maintenance or operational problems that may adversely affect the performance of the dam over a period of time or during a major storm or other inclement weather that may cause loss of life or property. See West Virginia Code 22-14-3
• Noncompliant dam owner: means an owner who has received two or more orders to repair or remove a deficient dam without completion of the repairs or removal within time frames established by the secretary. See West Virginia Code 22-14-3
• Owner: means any person who:

  (1) Holds legal possession, ownership or partial ownership of an interest in a dam, its appurtenant works or the real property the dam is situated upon. See West Virginia Code 22-14-3

• Secretary: means the Secretary of the Department of Environmental Protection. See West Virginia Code 22-14-3