Section 250-RICR-130-10-1.5 - DefinitionsA. For the purposes of these rules and regulations the following terms shall have the following meanings: 1. "Acre feet" means a unit of volume equal to forty-three thousand five hundred sixty cubic feet or three hundred twenty-five thousand eight hundred thirty gallons (a measure that would cover one acre to a depth of one foot).2. "Control structure" means a permanent feature of a Dam that allows the water behind the Dam to be raised or lowered. Examples of a Control structure include, but are not limited to, a low-level outlet, gate, valve or removeable boards.3. "Dam" means any barrier made by humans that impounds or diverts water.4. "Dam Management District" means a legal entity created pursuant to R.I. Gen. Laws Chapter 45-62.5. "Dam operation permit" means a written authorization to raise or lower the water level behind a Dam that is issued by the Department under these rules and regulations.6. "Dam Safety Rules" means the Rules and Regulations for Dam Safety (Subchapter 05 Part 1 of this Chapter), as amended.7. "Department" means the Department of Environmental Management.8. "Extreme events" means occurrences of unusually severe weather that can result in failure of a Dam. Weather-related Extreme events are often short-lived and include, but are not limited to hurricanes, tornadoes, tropical cyclones, and floods.9. "FWW Rules" means the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act (Part 150-15-3 of this Title), as amended.10. "Historically" or "Historic" means between July 1971 and June 2022.11. "Historic use" means the use that has consistently occurred in the operation of the dam between July 1971 and June 2022.12. "Jurisdictional Dam" means a Dam that has the capacity to store greater than one thousand four hundred (1,400) normal storage Acre feet of water and has a Control structure and does not impound water for a public water supply system as defined in R.I. Gen. Laws § 46-13-2.13. "Operator" means the Person in control of or having responsibility for operating the Dam.14. "Owner" means the Person or Persons, including any individual, firm, partnership, association, syndicate, company, trust, corporation, municipality, agency, political or administrative subdivision of the state or any legal entity of any kind holding legal title to a Dam.15. "Person" means an individual, trust, firm, joint stock company, corporation (including a quasi-governmental corporation), limited liability company, partnership, association, syndicate, municipality, municipal or state agency, fire district, club, non-profit agency or any subdivision, commission, department, bureau, agency, or department of state or federal government (including any quasi-governmental corporation) or of any interstate body.16. "Qualified engineer" means a professional engineer fully registered in the State of Rhode Island, who is experienced with Dam inspection, design, construction, and repair.17. "R.I. Gen. Laws" means the Rhode Island General Laws.18. "WQ Rules" means the Water Quality Regulations (Part 150-5-1 of this Title), as amended.250 R.I. Code R. 250-RICR-130-10-1.5
Adopted effective 5/29/2023