SECTION 299.3. General

(a) As part of an evaluation to determine if the dam and appurtenant structures constitute a significant threat to human life or property, the executive director may require the owner to obtain the services of an independent team of professional engineers or other dam experts, at the owner's expense, to determine the adequacy of the design, construction, or operation of the dam if safety considerations warrant an independent review. The requirements for use of the independent team of professional engineers or other dam experts will be included in a guideline developed by the executive director. The executive director shall submit the requirement in writing to the owner and shall provide a list of engineers and other dam experts. The owner shall submit the qualifications and size of the team to the executive director for any comments prior to beginning the independent review.

(b) When an owner submits an application for a water rights permit to either construct a dam, reconstruct, modify, enlarge, rehabilitate, alter, or repair an existing dam, or authorize an existing dam without making any changes to the dam, the owner shall submit the following:

(1) a conceptual design of the construction for a proposed dam and appurtenant structures, or proposed reconstruction, modification, enlargement, rehabilitation, alteration, or repair of an existing dam;

(2) the geotechnical, hydrologic, and hydraulic reports for the proposed site, if the reports have been completed; and

(3) other pertinent information on an existing dam using a form provided by the executive director.

(4) The executive director shall provide a technical review of these documents as described in §281.19 of this title (relating to Technical Review).

Source Note: The provisions of this §299.3 adopted to be effective January 1, 2009, 33 TexReg 10465