- Library Home /
- Search Collections /
- Open Collections /
- Browse Collections /
- UBC Theses and Dissertations /
- An analysis of the legal implications of engineering...
Open Collections
UBC Theses and Dissertations
UBC Theses and Dissertations
An analysis of the legal implications of engineering responses to selected dam owner issues Joyner, Jay B.
Abstract
Some key aspects of the legal regime within which dam owners operate are examined, particularly as the law impacts on five specific technical dam-related issues: dam safety, water quality, emergency planning, debris management, and fish habitat creation. The thesis reviews the general legal environment including important statutory requirements and common law obligations arising from riparian rights, nuisance, negligence, and strict liability. Approaches to dam safety decision making, including prescriptive standards and risk analysis, lead to the conclusion that prescriptive standards offer greater legal certainty than risk analysis as a basis for dam safety planning. A n examination of the effect of dams on water quality and riparian rights indicates that changes in sediment and nutrient loads, temperature, and dissolved oxygen might form a basis for legal action by riparian owners. Possible changes to current emergency planning practice suggest that a proposed regulatory change in British Columbia will impose significant new obligations on dam owners. An examination of debris management practices concludes that dam owners have a duty of care with respect to some debris in the reservoir and with respect to collected but escaped debris that passes the dam. Finally, newly created fish habitat is subject to the same legal obligations as existing habitat. Deliberately created habitat may also create liability exposure if it becomes debris during a flood.
Item Metadata
Title |
An analysis of the legal implications of engineering responses to selected dam owner issues
|
Creator | |
Publisher |
University of British Columbia
|
Date Issued |
1999
|
Description |
Some key aspects of the legal regime within which dam owners operate are
examined, particularly as the law impacts on five specific technical dam-related
issues: dam safety, water quality, emergency planning, debris management, and
fish habitat creation. The thesis reviews the general legal environment including
important statutory requirements and common law obligations arising from
riparian rights, nuisance, negligence, and strict liability. Approaches to dam safety
decision making, including prescriptive standards and risk analysis, lead to the
conclusion that prescriptive standards offer greater legal certainty than risk
analysis as a basis for dam safety planning. A n examination of the effect of dams
on water quality and riparian rights indicates that changes in sediment and
nutrient loads, temperature, and dissolved oxygen might form a basis for legal
action by riparian owners. Possible changes to current emergency planning
practice suggest that a proposed regulatory change in British Columbia will
impose significant new obligations on dam owners. An examination of debris
management practices concludes that dam owners have a duty of care with respect
to some debris in the reservoir and with respect to collected but escaped debris
that passes the dam. Finally, newly created fish habitat is subject to the same legal
obligations as existing habitat. Deliberately created habitat may also create
liability exposure if it becomes debris during a flood.
|
Extent |
10993657 bytes
|
Genre | |
Type | |
File Format |
application/pdf
|
Language |
eng
|
Date Available |
2009-06-26
|
Provider |
Vancouver : University of British Columbia Library
|
Rights |
For non-commercial purposes only, such as research, private study and education. Additional conditions apply, see Terms of Use https://open.library.ubc.ca/terms_of_use.
|
DOI |
10.14288/1.0064072
|
URI | |
Degree | |
Program | |
Affiliation | |
Degree Grantor |
University of British Columbia
|
Graduation Date |
1999-11
|
Campus | |
Scholarly Level |
Graduate
|
Aggregated Source Repository |
DSpace
|
Item Media
Item Citations and Data
Rights
For non-commercial purposes only, such as research, private study and education. Additional conditions apply, see Terms of Use https://open.library.ubc.ca/terms_of_use.