1. Any person proposing to construct, reconstruct or alter a dam in this State shall, before beginning construction, reconstruction or alteration of the dam, obtain approval from the State Engineer. 2. Any person who obtains approval from the State Engineer pursuant to subsection 1 shall: (a) Before constructing, reconstructing or altering in any way any dam, notify the State Engineer thereof; and (b) Submit to the State Engineer for approval plans and specifications for the construction, reconstruction or alteration of the dam, if the dam: (1) Is or will be 20 feet or more in height, measured from the downstream toe to the crest of the dam; (2) Is less than 20 feet in height and will impound more than 20 acre-feet of water; or (3) Is classified by the State Engineer as a high hazard or significant hazard dam. 3. The State Engineer shall examine any plans and specifications submitted pursuant to subsection 2 and if approved, the State Engineer shall return a copy of the plans and specifications with such approval to the applicant. If the State Engineer disapproves any part of the plans and specifications the State Engineer shall return them to the applicant for correction or revision. 4. The construction, reconstruction, alteration and use of any dam is prohibited before approval by the State Engineer is obtained pursuant to subsection 1. 5. The State Engineer may at any time inspect or cause to be inspected the construction, reconstruction or alteration work on a dam while it is in progress to determine that it is being done in accordance with the approved plans and specifications, if applicable. 6. The provisions of this section relating to the approval of plans and specifications and inspection of dams do not apply to works under the jurisdiction of the United States Bureau of Reclamation or the United States Army Corps of Engineers, but such federal agencies shall file duplicate plans and specifications with the State Engineer. 7. Any person beginning the construction, reconstruction or alteration of any dam before notifying the State Engineer in accordance with paragraph (a) of subsection 2 or obtaining approval of the plans and specifications by the State Engineer, if required pursuant to paragraph (b) of subsection 2, is guilty of a misdemeanor. Each day of violation of this section constitutes a separate offense and is separately punishable.
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