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AGO Opinions with Topic: AUTHORITY OF DEPARTMENT OF ECOLOGY TO REGULATE FLOOD CONTROL FACILITIES
AGLO 1979 No. 42 >  December 28, 1979
OFFICES AND OFFICERS - STATE - DEPARTMENT OF ECOLOGY - WATER - RIVERS - FLOOD CONTROL - AUTHORITY OF DEPARTMENT OF ECOLOGY TO REGULATE FLOOD CONTROL FACILITIES
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF ECOLOGY ‑- WATER ‑- RIVERS ‑- FLOOD CONTROL ‑- AUTHORITY OF DEPARTMENT OF ECOLOGY TO REGULATE FLOOD CONTROL FACILITIES

(1) Under RCW 86.16.035 the State Department of Ecology is authorized, in its discretion, to promulgate rules regulating the times when (a) the owner or operator of a "flood control facility" or (b) the owner or operator of any dam or other "water flow control facility" may release impounded water or otherwise alter the stream flow if the released water or altered stream flow might create a danger to life or property downstream.

(2) Under the same statute the Department of Ecology is also authorized to promulgate regulations requiring the notification of persons downstream or the posting of signs prior to the release of impounded water or other alteration in the stream flow by (a) a flood control dam or (b) any dam or water flow control facility when such release or alteration might create a danger to life or property below the dam.

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