SECTION 299.44. Gate Operation Plan

(a) The owners of all existing intermediate- and large-size dams, as defined in §299.13 of this title (relating to Size Classification Criteria), with gated spillways shall have a professional engineer develop a gate operation plan within two years after the effective date of the rules. The owner's professional engineer shall notify the executive director in writing that the gate operation plan has either been completed or a gate operation plan exists that meets the requirement of this section. If an owner cannot complete the gate operation plans within the two years required in subsection (b) of this section, the owner shall request an extension of time showing cause or a reasonable basis for the need for an extension and providing a time frame to complete. The request shall be submitted to the executive director for review and approval.

(b) The gate operation plan must include:

(1) gate procedures for use during normal operating conditions, flood events, other varying hydrologic events, and power failures; and

(2) a method for coordinating releases with owners of other dams in the river basin, if applicable.

(c) The gate operation plan shall be considered an appendix to the owner's emergency action plan. If the owner submits a copy of the gate operation plan to the executive director, the executive director shall file it with the owner's emergency action plan in the agency's confidential, permanent records.

Source Note: The provisions of this §299.44 adopted to be effective January 1, 2009, 33 TexReg 10465