§ 33.1-180. When larger spillway required
In case the earthen portion of a dam has been washed away and it is determined by the Commissioner that the washout was caused by a spillway of insufficient opening to carry floodwater, the dam shall not be restored for the purpose of impounding water unless the owner or occupier agrees with the Commissioner for the construction of a spillway with adequate opening, conforming to plans and specifications of the Department of Transportation. In the event that such construction is required, the Commissioner shall be responsible for such part of the cost as would be necessary to provide a bridge with sufficient opening to carry the floodwater of the stream and the owner or occupier of the dam shall be required to pay the difference in cost, if any, of providing adequate floodgates and spillways in addition to the bridge.
(Code 1950, § 33-94; 1970, c. 322.)
Sections: Previous 33.1-173 33.1-174 33.1-175 33.1-176 33.1-177 33.1-178 33.1-179 33.1-180 33.1-181 33.1-182 33.1-183 33.1-183.1 33.1-184 33.1-185 33.1-186 NextLast modified: April 3, 2009