SECTION 785:25-9-11. Upgrading dams due to downstream development

(a)   Alternatives. Instead of upgrading the dam using structural methods, an owner may seek to implement alternative methods. Such alternative methods shall include but is not limited to the following:

(1)   a current breach analysis and hydrologic study that demonstrates a lesser hazard-potential classification is correct; or

(2)   a current breach analysis and design flood analyses that demonstrate existing downstream developments would not be adversely affected by more than one foot difference between breach and non-breach simulations in the affected area, or records showing the downstream development has been dedicated to non-residential and non-commercial use; or

(3)   a plan to permanently remove the dam.

(b)   Schedule of Compliance. An owner may seek a compliance schedule with the Board that sets the timeframes for various stages of work to be performed. In considering such applications to upgrade on a compliance schedule the Board shall evaluate whether the current dam will not significantly affect the public safety during the compliance period.

[Source: Added at 27 Ok Reg 1300, eff 5-27-10]