The 2nd meeting of the Subcommittee on Natural Resources of the Interim Joint Committee on Agriculture and Natural Resources was held on Wednesday, October 11, 2006, at 10:00 AM, in Room 125 of the Capitol Annex. Senator Ernie Harris, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Ernie Harris, Co-Chair; Senator David E Boswell; and Representative Terry Shelton.
Guests: Commissioner Susan Bush, Steve Coleman, and Judy Piazza, Environmental and Public Protection Cabinet.
LRC Staff: Hank Marks, Tanya Monsanto, and Kelly Blevins.
Chairman Harris called the meeting to order. A quorum was not present and the minutes for previous meetings were not approved.
A presentation on dam safety issues was made by Commissioner Susan Bush of the Department for Natural Resources, and Steve Coleman, Director of the Division for Conservation.
Commissioner Bush stated that there are 195 small watershed dams operated by the Water Conservancy Districts. Water Conservancy Districts are subunits of the Conservation Districts and they have their own boards and have taxing authority. Many of these dams are over 50 years old and have met their life expectancy. Over the years development has changed the way land in the floodplain is used, and some dams have moved from low hazard to high hazard status due to the density of population below the dam. The Department is working with local governments to inform them of the nature of their dams and to provide them with a "breech analysis" that will show the flow path and consequences of a dam failure. Thirty-seven dams have significant problems which are presently part of 44 project areas that are receiving attention.
Senator Boswell asked about how the floodplain of a stream changes due to a dam installation and if planning and zoning can limit hazards and liability.
Commissioner Bush responded that local officials first need planning information and breech analyses in order to make necessary planning and zoning and other decisions.
Steve Coleman discussed the relationship between Conservation Districts, Watershed Conservancy Districts, Boards of Directors and taxing authority. He stated that about $25,000 per year is generated per district for use on dams. There is now a federal funding program for dam repair with a 35/65 match, but oftentimes local governments do not have funds or bonding ability to afford the 35% match. Mr. Coleman noted that if a Watershed District is dissolved, the Conservation District takes over responsibility.
Senator Boswell asked how many counties have permits and planning and zoning to address the risks posed by dams. Mr. Coleman stated very few, and there is not enough liability coverage. As an example of costs, Mr. Coleman noted that a dam in Elizabethtown once cost $7 million to build and recently cost $10 million to repair.
Mr. Coleman explained the handouts and graphs provided to the committee which are available in the LRC library.
Senator Boswell asked about the effect of the New Madrid fault and whether the dams were built to withstand an earthquake. He was told, yes.
Commissioner Bush then stated that the increase in torrential rain events is having an effect on the dams. She also noted that any default by a Conservation District would be pass liability to the county, government, and officials.
Representative Shelton asked what role Federal Emergency Management Agency (FEMA) plays in dam management. He also asked about the relationship of a floodplain to a dam. Commissioner Bush stated that a breech flow path would be bigger than the floodplain. She noted that FEMA needs breech analysis too.
Senator Harris asked about planning versus response related to emergency management. He also asked about the use of GIS information related to breech analysis. Commissioner Bush said that GIS is very useful, but the breech analysis requires detailed elevation information.
There was a brief discussion of planning and zoning as related to dams and Senator Boswell asked if there is a need for a legislative solution or some mandate for local governments to address risks posed by dams through planning and zoning.
Commissioner Bush said the first step is to get good information about dams to local officials. The danger is not imminent at this time. There is time to do the analysis needed for doing base planning and zoning and make insurance decisions.
Representative Shelton said that there should be caution regarding creating unfunded mandates and suggested that getting insurers involved might lead to some form of self-regulation. There was a discussion of how dam information should be noticed, disseminated, posted, and related to planning and zoning.
Senator Boswell asked if breech analyses are done for new dams. He was told, yes. The Division of Water does this for new dams, but it is not done for dam repairs.
It was agreed that annual dam updates would be provided.
There being no further business, the meeting was adjourned at 11:00 AM.