RD429 - Department of Conservation and Recreation’s Study of Impounding Structure Flow Releases (In Response to Senate Bill 884)

  • Published: 2013
  • Author: Department of Conservation and Recreation
  • Enabling Authority: Letter Request from House Committee on Agriculture, Chesapeake and Natural Resources

Executive Summary:
In a letter to the Department dated February 13, 2013, Delegate Sherwood, Chairwoman of the House Agriculture, Chesapeake and Natural Resources Committee, requested assistance regarding Senator Deeds’ request to her Committee “that with the tabling of SB 884, [that] the Department of Conservation and Recreation’s Dam Safety Division [be asked to] study the issues presented in the legislation”. SB 884 was introduced by Senator Deeds to address a local resident’s concern regarding periodic unannounced releases of water that impacted property from an upstream impounding structure.

As the issue potentially had statewide public safety implications, a bill was drafted (See Senate Substitute: Attachment A) that prohibited an owner of a high hazard potential impounding structure from increasing the flow of water in a manner that increases water depths below the structure by more than two feet without notifying downstream property owners and emergency services. However, the bill did allow for specified releases of water, such as those due to certain rain events or emergencies. The bill also included penalty provisions.