Unregistered (Violation) Dam

Per A.R.S. § 45- 1216, it is unlawful for an owner, director, officer, agent, employee, contractor or his agents to construct, reconstruct, repair, enlarge, alter or remove a dam without an approval from the Department.  It is also unlawful for the agents or employees of the director to permit such work to be done without immediately notifying the director.  A person who violates this statute is guilty of a Class 2 misdemeanor, and each day such violation continues constitutes a separate offense. 

If the Director of the Department of Water Resources has reason to believe that a person is in violation, the director may give the person written notice that the person may appear and show cause at an administrative hearing not less than 30 days from the date of service of the notice why the person should not be ordered to cease and desist from the violation.  The notice shall inform the person of the date, time and place of the hearing and the consequences of the failure to appear.

Occasionally, the existence of a previously unregistered dam is brought to the attention of the Dam Safety Section.  In these cases, the Dam Safety Staff perform a site visit to establish jurisdictional status and hazard classification.  Owners of low hazard unregistered dams are usually issued permission to operate the dam.  Owners of high and significant hazard unregistered dams are required to demonstrate the safety of the dam prior to receiving permission to operate.  The Dam Safety Section has assisted several owners in removal of small, unwanted high and significant hazard dams using grants and loans from the Dam Repair Fund.