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DWR Currents

Week of January 11, 2010

Dam Safety Inspections

One of the impacts of the recent budget cuts is that the cost of inspecting high-hazard and significant-hazard dams has to be shifted back to the owners. This is a return to the way things were before the Kansas Legislature funded DWR to perform these inspections beginning in 2007.

Since 2002, the Obstructions in Streams Act (K.S.A. 82a-301 through 305a) has required owners of high-hazard (class c) and significant-hazard (class b) dams to have a qualified engineer conduct periodic dam inspections. For high-hazard dams, the inspection must be at least once every three years. For significant-hazard dams, the inspection must be at least once every five years.

Hazard classification does not refer to the condition of the dam; rather, it reflects the impact on downstream properties and individuals in the event a dam should fail. Failure of a high-hazard dam could result in extensive loss of life, damage to more than one home, damage to industrial or commercial facilities, interruption of a public utility serving a large number of customers, damage to high-volume roads or railroad lines, or other severe impacts. Failure of a significant-hazard dam could endanger a few lives, damage an isolated home, damage moderate-volume roads or low-volume railroad lines, interrupt the service of a utility serving a small number of customers, or other significant impacts.

Failure of a low-hazard (class a) dam could damage only farm or other uninhabited buildings, agricultural or undeveloped land, or low-volume roads. The statutes do not require periodic safety inspections for low-hazard dams.

From 2007 to 2009 DWR engineers performed inspections for high-hazard and significant-hazard dams, and waived the requirement for the owners. However, at the end of 2009 the inspector positions had to be eliminated due to reduced state revenues stemming from the economic recession.

DWR is sending letters to owners of these dams to inform them about this change. DWR is also sending notification letters to engineering firms that have asked to be on our list of consultants, as they may want to consider providing inspection services.

Approximately one-third of the high-hazard dams inspections and approximately one-fifth of the significant-hazard dam inspections are performed each year. Each spring DWR sends letters to owners whose dam safety inspection is due the following year.

With the shift back to dam safety inspections by owner-retained engineers, DWR will continue to be involved in overseeing dam safety in Kansas. DWR engineers will review each dam safety inspection report to determine compliance with the regulations (K.A.R. 5-40-90) and require any necessary follow-up actions.

In addition, DWR engineers review and approve plans for new dams and modifications of existing dams, perform construction inspections on new dams, respond to complaints about dams and other stream obstructions, locate and work to bring unpermitted dams into compliance, and identify dams with changed hazard classifications (e.g., due to downstream development) and require upgrades to these dams or other solutions to protect lives and property.

Kansas Stream Mitigation Guidance

The U.S. Army Corps of Engineers has posted public notice of a 30-day comment period, through January 30, regarding updated guidance for stream mitigation in Kansas.

The guidance was initially adopted on October 30, 2008. The purpose of the guidance is to “provide predictability and consistency for the development, review, and approval of compensatory stream mitigation plans.”

Mitigation is required when stream functions are reduced due to dredge and fill activities requiring a Corps permit. Mitigation can include stream restoration to offset the project impacts, in-lieu fees to be used for mitigation projects, purchase of mitigation bank credits (e.g., from other restoration projects that exceeded their requirements), or a combination of these approaches.

The Corps’ public notice states in part, “The intent of these proposed changes is to make the [guidance] more understandable/ easier to use, and to make the required mitigation appropriate and compensatory for the various types of impacts and the diverse ecological areas within Kansas.” The notice provides a summary of the proposed changes.

The following information is available from the U.S. Army Corps of Engineers' web site:

Draft Kansas Stream Mitigation Guidance Public Notice - December 31, 2009