236.400. Definitions.

MISSOURI STATUTES AND CODES

Definitions.

236.400. As used in sections 236.400 to 236.500, standards,rules and regulations promulgated hereunder, unless the contextotherwise requires the following words and terms mean:

(1) "Agricultural dam", any dam constructed to impound waterfor use in irrigation, livestock watering, or commercial fishrearing and sale;

(2) "Alterations", "repairs", or either of them, suchalterations or repairs as affect the safety of a dam orreservoir, or public safety, life or property;

(3) "Chief engineer", the head of the dam and reservoirsafety program of the department of natural resources or hisrepresentative;

(4) "Construction permit", a written authorization issued bythe council giving the owner the right to construct, alter,enlarge, reduce, repair or remove a dam or reservoir orappurtenances thereto, with such conditions as are necessary toadequately protect the public safety, life, property, the dam orreservoir;

(5) "Dam", any artificial or manmade barrier which does ormay impound water, and which impoundment has or may have asurface area of fifteen or more acres of water at the waterstorage elevation, or which is thirty-five feet or more in heightfrom the natural bed of the stream or watercourse measured at thedownstream toe of the barrier or dam, if it is not across astreambed or watercourse, together with appurtenant works.Sections 236.400 to 236.500 shall not apply to any dam which isnot or will not be in excess of thirty-five feet in height or toany dam or reservoir licensed and operated under the FederalPower Act;

(6) "Dam and reservoir safety council", as designated bysections 236.400 to 236.500 and referred to as the "council"shall consist of seven members appointed by the governoraccording to the provisions of sections 236.400 to 236.500;

(7) "Director", the director of the department of naturalresources of the state of Missouri;

(8) "Enlargement", any change in or addition to an existingdam or reservoir which raises the height of a dam, increases thewatershed for a reservoir, or raises the water storage elevationof the water impounded by a dam or reservoir;

(9) "Experienced professional engineer", an engineerregistered in the state of Missouri and experienced inhydraulics, hydrology and civil engineering as applied to damdesign and construction;

(10) "Maintenance", the proper keeping of all aspects of adam or reservoir and appurtenances thereto, that pertain tosafety, in a state of repair and working order as necessary tocomply with sections 236.400 to 236.500, any permit hereunder,and protect public safety, life and property;

(11) "Natural physical changes", those changes not directlyor indirectly caused by man which affect the safety of the dam orreservoir;

(12) "Operation", the physical changes, natural or manmadethat occur or are made to a dam or reservoir, or operation of themechanisms or appurtenances of the dam or reservoir, which affector may affect public safety, life or property;

(13) "Owner", a person who owns, controls, operates,maintains, manages, or proposes to construct a dam or reservoirincluding:

(a) The state and its departments, institutions, agencies,and political subdivisions, but not the United States government;

(b) A municipal or quasi-municipal corporation;

(d) A public utility;

(e) A natural person, firm, partnership, association,corporation, political subdivision, or legal entity;

(f) The duly authorized agents, lessees, or trustees of anyof the foregoing;

(g) Receivers or trustees appointed by any court for any ofthe foregoing;

(14) "Permit", a construction, safety or registrationpermit;

(15) "Permit applicant", an owner who applies for aconstruction, safety or registration permit;

(16) "Reduction", any decrease in the height of a dam,watershed size, or water storage elevation of the water impoundedby a dam or reservoir;

(17) "Registration permit", a permit issued for a period notto exceed five years by the council to the owner of a dam orreservoir in existence on September 28, 1979, or which becomessubject to the provisions of sections 236.400 to 236.500 for suchdams and reservoirs which are in a properly maintained conditionor which have made and complied with recommendations forcorrections of observed defects of the dam or reservoir and havebeen* examined and approved in accordance with sections 236.400 to236.500 and standards, rules and regulations and guidelinesissued pursuant to sections 236.400 to 236.500;

(18) "Reservoir", any impoundment which results from a damas defined in sections 236.400 to 236.500;

(19) "Safety permit", a permit issued to the owner for aperiod of five years, or less if safety considerations sorequire, by the council indicating that the dam meets therequirements of sections 236.400 to 236.500 and the guidelines,standards, rules and regulations issued pursuant to sections236.400 to 236.500, and containing such conditions as tooperations, maintenance and repair as are necessary to adequatelyprotect public safety, life and the dam or reservoir;

(20) "Water", water, other liquid or tailings;

(21) "Water storage elevation", that elevation of watersurface at the principal spillway which could be obtained by thedam or reservoir were there no outflow and were the reservoirfull of water;

(22) "Watershed", the area, usually expressed in acres ofsquare miles, that contributes or may contribute surface water toa reservoir.