Impoundment Easement Requirements

State responses to the following query:

[Some permit applicants state] that our requirements for upstream easements are not reasonable... We are being asked to justify why [item #2 of the following criteria] is necessary, especially for moderate or high hazard dams that require passage of the ½ or full PMF. I’m curious as to what other states require for upstream easements. I feel it’s applicable because the dam construction is adding flood risk to lands that they may not control, no matter how rare the frequency of flooding. Also there is always a risk of a spillway becoming clogged, etc. and upstream pools flooding higher than designed as well.

(1) Ownership or perpetual easement s shall be obtained for the area to be occupied by the dam embankment, spillways, and appurtenant structures, and the permanent or maximum normal pool;
(2) Ownership or easements shall be obtained for temporary flooding of areas which would be inundated by the flood pool up to the top of dam elevation and for spillway discharge areas;
(3) Easements covering areas affected by temporary flooding

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