§ 1082. Authorization
(a) No person shall construct, enlarge, raise, lower, remodel, reconstruct, or otherwise alter any dam, pond or impoundment or other structure which is or will be capable of impounding more than 500,000 cubic feet of water or other liquid after construction or alteration, or remove, breach or otherwise lessen the capacity of an existing dam that is or was capable of impounding more than 500,000 cubic feet within or along the borders of this state where land in this state is proposed to be overflowed, or at the outlet of any body of water within this state, unless authorized by the state agency having jurisdiction so to do. However, in the matter of flood control projects where cooperation with the federal government is provided for by the provisions of section 1100 of this title that section shall control.
(b) For the purposes of this chapter, the volume a dam or other structure is capable of impounding is the volume of water or other liquid, including any accumulated sediments, controlled by the structure with the water or liquid level at the top of the nonoverflow part of the structure. (Amended 1975, No. 179 (Adj. Sess.), § 1; 1981, No. 242 (Adj. Sess.), § 3.)