For purposes of Title 458 rules, the following definitions shall apply:
001.01 Abandonment means the process of rendering a dam incapable of impounding by (1) dewatering and filling the reservoir created by such dam with solid materials and (2) creating a stable watercourse around the site.001.02 Adverse consequences means the negative impacts that may occur upstream, downstream, or at locations remote from the dam, including but not limited to, loss of human life, economic loss including property damage and lifeline disruption.001.03 Alterations means alterations to an existing dam that directly affect the safety of the dam or reservoir, as determined by the Department, but do not include maintenance and repair of the dam to retain its initial structural integrity.001.04 Application includes an application form, plans and specifications.001.05 Application approval means authorization in writing issued by the Department to an owner who has applied to the Department for permission to construct, reconstruct, enlarge, alter, breach, remove, or abandon a dam and which specifies the conditions or limitations under which work is to be performed by the owner or under which approval is granted.001.06 Appurtenant works include, but are not limited to: structures such as spillways, either in or separate from the dam; the reservoir and its rim; low-level outlet works; and water conduits including, but not limited to, tunnels, pipelines, or penstocks, either through the dam or its abutments.001.07 Breach means partial removal of a dam creating a channel through the dam to the natural bed elevation of the stream.001.08 Consulting Board means board appointed by the Department under the provisions of Neb. Rev. Stat. § 46-1645.001.09 Dam means any artificial barrier, including appurtenant works, with the ability to impound water, wastewater, or liquid-borne materials and which (a) is twenty-five feet or more in height from the natural bed of the stream or watercourse measured at the downstream toe of the barrier, or from the lowest elevation of the outside limit of the barrier if it is not across a stream channel or watercourse, to the maximum storage elevation or (b) has an impounding capacity at maximum storage elevation of fifty acre-feet or more, except that any barrier described in this subsection which is not in excess of six feet in height or which has an impounding capacity at maximum storage elevation of not greater than fifteen acre-feet shall be exempt, unless such barrier, due to its location or other physical characteristics, is classified as a high hazard potential dam. Dam does not include: (1) an obstruction in a canal used to raise or lower water;(2) a fill or structure for highway or railroad use, but if such structure serves, either primarily or secondarily, additional purposes commonly associated with dams it shall be subject to review by the department;(3) canals, including the diversion structure, and levees; or(4) water storage or evaporation ponds regulated by the United States Nuclear Regulatory Commission.001.10 Days, for purposes of establishing deadlines, means calendar days, including Sundays and holidays.001.11 Department means the Department of Natural Resources.001.12 Diversion dam means dam constructed solely for the purpose of raising water to divert it into a canal. The height of the dam must be limited such that it provides only this function and does not create unnecessary storage.001.13 Engineer means a professional engineer licensed under the Engineers and Architects Regulation Act who (1) is competent in areas related to dam investigation, design, construction, and operation for the type of dam being investigated, designed, constructed, or operated, (2) has at least four years of relevant experience in investigation, design, construction, reconstruction, enlargement, alteration, breach, removal, or abandonment of dams, and (3) understands adverse consequences and dam failures.001.14 Enlargement means any change in or addition to an existing dam which raises or may raise the normal storage elevation of the water impounded by the dam.001.15 Hazard potential classification means classification of dams according to the degree of incremental adverse consequences of a failure or misoperation of a dam but does not reflect on the current condition of a dam, including but not limited to, safety, structural integrity, or flood routing capacity.001.16 High hazard potential means a hazard potential classification such that failure or misoperation of the dam resulting in loss of human life is probable.001.17 Incremental means the difference in impacts that would occur due to failure or misoperation of the dam over the impacts that would occur without failure or misoperation of the dam.001.18 Landowner means person or persons with recorded title to land where dam and reservoir are or will be located.001.19 Low hazard potential means a hazard potential classification such that failure or misoperation of the dam would result in no probable loss of human life and in low economic loss.001.20 Maximum storage means the reservoir storage capacity between the top of dam elevation, or the maximum routed elevation of the probable maximum flood if lower than the top of dam elevation, and the lowest downstream toe or outside limit elevation of the dam.001.21 Minimal hazard potential means a hazard potential classification such that failure or misoperation of the dam would likely result in no economic loss beyond the cost of the structure itself and losses principally limited to the owner's property.001.22 Normal storage means the reservoir storage capacity, excluding flood storage and freeboard allowances.001.23 Owner includes any of the following who or which owns, controls, manages, or proposes to construct, reconstruct, enlarge, alter, breach, remove, or abandon a dam: (1) The United States Government and its departments, agencies, and bureaus;(2) the state and its departments, institutions, agencies, and political subdivisions;(3) a municipal or quasi-municipal corporation;(7) a duly authorized agent, lessee, or trustee of any person or entity listed in this section; and(8) a receiver or trustee appointed by a court for any person or entity listed in this section.001.24 Person means any individual, partnership, limited liability company, association, public or private corporation, trustee, receiver, assignee, agent, municipality, other political subdivision, public agency, or other legal entity or any officer or governing or managing body of any public or private corporation, municipality, other political subdivision, public agency, or other legal entity.001.25 Plan or plans mean engineering drawings, design reports, hazard classification studies, geotechnical reports, and other studies as required.001.26 Probable means likely to occur and reasonably expected.001.27 Probable maximum flood means the most severe flood that is considered probable at a site.001.28 Reconstruction means partial or complete removal and replacement of an existing dam.001.29 Removal means complete elimination of the dam embankment or structure to restore the approximate original topographic contours of the site.001.30 Reservoir means any basin which contains or will contain impounded water, wastewater, or liquid-borne materials by virtue of such water, wastewater, or liquid-borne materials having been impounded by a dam.001.31 Safety of Dams and Reservoirs Act means Neb. Rev. Stat. Sections 46-1601 to 46-1670.001.32 Significant hazard potential means hazard potential classification such that failure or misoperation of the dam would result in no probable loss of human life but could result in major economic loss, environmental damage, or disruption of lifeline facilities.001.33 Storage elevation means the elevation of the reservoir surface associated with a level of impoundment, such as maximum storage or normal storage.001.34 Top of dam elevation means the maximum design elevation for the top of the dam, including design freeboard allowances but excluding any allowance for settlement due to consolidation of the foundation and embankment.458 Neb. Admin. Code, ch. 1, § 001