Unless the context requires and clearly states otherwise, in these rules:

(1) "Act" means the Montana Dam Safety Act, Title 85, Chapter 15, MCA.

(2) "Breach flooded area" means the area downstream from a dam that would be inundated if the dam failed.

(3) "Commence construction" means the actual start of site preparation and on-site building, but does not include preliminary surveying work, site exploration, or engineering plans preparation.

(4) "Construction permit" means a written authorization issued by the department giving the owner authorization to construct a dam or reservoir in accordance with conditions that ensure construction of the dam and reservoir in a thorough, secure, and substantial manner.

(5) "Corps" means United States army corps of engineers.

(6) "Dam" means any artificial barrier, including appurtenant works, used to impound or divert water with an impounding capacity of 50 acre-feet or greater measured to the crest of the dam embankment.

(7) "Days" means calendar days--including Sundays and holidays. If the final day is a holiday, or weekend, it shall be the next following day of business.

(8) "Department" means the department of natural RESOURCES AND CONSERVATION and any of its employees, agents, or designees authorized by the director of the department to act on behalf of the department.

(9) "Emergency procedures and warning plan" means a predetermined plan of action to be taken to reduce the potential for property damage and loss of lives in an area affected by a dam break.

(10) "Existing dam or reservoir" means any dam or reservoir 50 acre-feet or greater complete and capable of impounding water prior to October 1, 1985, or under construction on that date and completed with reasonable diligence.

(11) "Height of dam" means the vertical distance from the lowest elevation of the dam crest to the lowest point of natural ground, including any stream channel, along the downstream toe of the dam.

(12) "High-hazard corps-inspected dam" means a dam that was determined to be high-hazard by the corps of engineers pursuant to P.L. 92-367 and for which a resultant dam safety report has been submitted to the owner.

(13) "Inundation" means water, regardless of depth, over the general level of the submerged ground adjacent to and including the stream channel.

(14) "Loss of life" means loss of human life.

(15) "New dam" or "new reservoir" means a dam or reservoir where initial construction occurs after October 1, 1985.

(16) "Operating permit" means a permit issued by the department for a period not to exceed 5 years to operate a high-hazard dam or reservoir.

(17) "Operation plan" means the written instructions prepared by the owner that prescribe the proper operation procedures, maintenance procedures, emergency procedures, and warning plan, and any other features necessary to the safe operation of the dam or reservoir.

(18) "Permit" means construction or operation permit.