| (40) Normal storage capacity--The volume, in acre-feet,
of the impoundment created by the dam at the lowest uncontrolled spillway
crest elevation, or at the maximum elevation of the reservoir at the
normal (non-flooding) operating level.
(41) NAD83 conus datum--The North American Datum of
1983 is a reference system used to obtain the spherical coordinates
of a point on the earth's surface. The standard North American Datum
of 1983, or any future updates, must be used for all latitude and
longitude measurements.
(42) NAVD88 datum--The North American Vertical Datum
of 1988 is a reference system used to obtain vertical measurements
on the earth's surface. The North American Vertical Datum of 1988
must be used for all vertical measurements recorded with a global
positioning system receiver.
(43) Outlet--A conduit or pipe controlled by a gate
or valve, or a siphon, that is used to release impounded water from
the reservoir.
(44) Owner--Any person who can be one or more of the
following:
(A) holds legal possession or ownership of an interest
in a dam;
(B) is the fee simple owner of the surface estate of
the tract of land on which the dam is located if actual ownership
of the dam is uncertain, unknown, or in dispute unless the person
can demonstrate by appropriate documentation, including a deed reservation,
invoice, bill of sale, or by other legally acceptable means that the
dam is owned by another person or persons;
(C) is a sponsoring local organization that has an
agreement with the Natural Resources Conservation Service for a dam
constructed under the authorization of the Flood Control Act of 1944
(as amended), Public Law 78-534, the Watershed Protection and Flood
Prevention Act, 1954 (as amended), Public Law 83-566, the pilot watershed
program under the Flood Prevention of the Department of Agriculture
Appropriation Act of 1954, Public Law 156-67, or Subtitle H of Title
XV of the Agriculture and Flood Act of 1981, the Resource Conservation
and Development Program; or
(D) has a lease, easement, or right-of-way to construct,
operate, or maintain a dam.
(45) Piping--The progressive removal of soil particles
from a dam by percolating water, leading to development of channels
or flow paths.
(46) Principal spillway--Also commonly referred to
as the service spillway, the primary or initial spillway engaged during
a rainfall runoff event that is designed to pass normal flows.
(47) Probable maximum flood (PMF)--The flood magnitude
that may be expected from the most critical combination of meteorologic
and hydrologic conditions that are reasonably possible for a given
watershed.
(48) Probable maximum precipitation (PMP)--The theoretically
greatest depth of precipitation for a given duration that is physically
possible over a given size storm area at a particular geographical
location at a certain time of the year.
(49) Professional engineer--An individual licensed
by the Texas Board of Professional Engineers to engage in the practice
of engineering in the state of Texas, with experience in the investigation,
design, construction, repair, and maintenance of dams.
(50) Proposed dam--Any dam not yet under construction.
(51) Pumped storage dam--A rectangular or circular
embankment used to store water pumped from another source.
(52) Reconstruction--Removal and replacement of an
existing dam or appurtenant structures.
(53) Rehabilitation--The completion of all work necessary
to extend the service life of a dam and meet the safety and performance
standards of this chapter.
(54) Removal--The complete elimination of a dam, the
appurtenant structures, and the reservoir to its natural channel by
removing enough of the dam to the extent that no water can be either
permanently impounded, nor temporarily detained, by the dam (no significant
differential between the upstream and downstream water surface elevations)
during normal conditions, as well as during the design flood of the
dam.
(55) Repairs--Any work done on a dam that may affect
the integrity, safety, and operation of the dam, including, but not
limited to:
(A) excavation into the embankment fill or foundation
of a dam; or
(B) removal or replacement of major structural components
of a dam or appurtenant structures.
(56) Reservoir--A body of water impounded by a dam.
(57) Safe manner--Operating and maintaining a dam in
sound condition, free from defect or damage that could hinder the
dam's functions as designed.
(58) Seal--To affix a professional engineer's seal
to each sheet of construction plans or to an engineering report or
required document.
(59) Secondary highways--Roads classified as a major
or minor collector road by the Texas Department of Transportation,
including Farm-to-Market roads used to provide service to schools.
(60) Secure location--A building that is locked and
accessible to the owner and owner's representative.
(61) Spillway--An appurtenant structure that conducts
outflow from a reservoir.
(62) Sponsoring local organization--any political subdivision
of the state, or other entity, with the authority to carry out, maintain,
or operate work of improvement installed with the assistance of the
federal government.
(63) Stability analysis--The analytical procedure for
determining the most critical factor of safety for a slope.
(64) Substantially complete--A dam under construction
that is complete except for minor correction of items identified in
the final construction inspection and that can be operated in a safe
manner to the dam's full functional capability.
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