(a) When the Arkansas Natural Resources Commission considers the permanent upgrading or removal of an inadequate dam, the dam owner may request the commission to consider interim alternatives including, but not limited to:

1. (1) Temporary repairs;
2. (2) Reservoir dewatering;
3. (3) Insurance coverage; and
4. (4) Downstream warning/evacuation plans.

(b) Consideration shall be given to:

1. (1) The time required to overcome economic, physical, and legal restraints to upgrading;
2. (2) The prospect of permanent repair;
3. (3) Current use of the facility;
4. (4) Degree of risk; and
5. (5) Public welfare.