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Show NORTH CAROLINA 575 3.5 Storage Waters, Artificial Lakes, and Ponds North Carolina has adopted a dam safety law which governs the construction and maintenance of dams within the State. (See also discussion under sec. 3.2, supra.). The act provides that before a person may begin the construction, repair, alteration, or removal of a dam he must file an application with the department of water and air resources.52 The board of water resources must approve, disapprove, or approve subject to such conditions as the board finds necessary to insure safety and to maintain minimum streamflow re- quirements.53 If approval is given, the construction of the dam must be supervised by a qualified engineer, and upon completion the supervising engineer must certify to the board of water resources that the work has been completed according to the plans and spe- cifications approved by the board.54 The board is also given juris- diction to supervise operation and maintenance of dams, and it is required to inspect all dams at least once every 5 years to insure that they are in a safe condition.55 There are a number of exemptions to the requirements of the dam safety law, including any dam constructed by any agency of the U.S. Government; any dam constructed with financial as- sistance from the U.S. Soil Conservation Service; any dam licensed by the Federal Power Commission or constructed pursuant to a certificate of public convenience and necessity from the North Carolina Utilities Commission; any dam under single private own- ership and providing protection only to land or other property under such ownership, and posing no threat to life or property be- low the property under such single ownership; and, any dam less than 15 feet high, or with an impoundment capacity of less than 10 acre-feet, or costing less than $5,000.56 There are also recent acts regulating the right to withdraw im- pounded water57 and artificial obstructions in floodways.58 The doctrine of riparian rights in surface watercourses in North Carolina puts some limitation on the construction and operation of dams on watercourses. Any diminution in the flow or quantity of waters or the retardation or acceleration of the natural flow of a watercourse through the construction or operation of a dam must be for a reasonable use and must be reasonable in light of the needs and uses of other riparian owners.59 The right to maintain a dam which floods the lands of another may be acquired by prescription in North Carolina.60 3.6 Springs Springs receive no special treatment under the case law or statutes in North Carolina. It may be assumed, however, that springs tribu- ra Sees. 143-216.26 and 143-216.27. 68 Sec. 143-215.28. MSecs. 143-215.29 and 143-215.30. 65 Sees. 143-215.31 and 143-215.32. 56 Sec. 143-215.25. 67 Sees. 143-215.44 to 143-215.50. 68 Sees. 143-215.51 to 143-215.61. 59Kitchen Lumber Co. v. Tallassee Power Co., 212 N.C. 814, 195 S.E. 43 (1938) ; and Sink v. City of Lexington, 214 N.C. 548, 200 S.E. 4 (1938). ™Rarr V. Carolina Aluminum Co., 215 N.C. 768, 3 S.E. 2d 434 (1939). |