1. (a) An owner may elect to implement alternative methods, instead of upgrading the dam using structural methods, to meet minimum hydrologic criteria by submitting to the executive director:

   1. (1) a plan for meeting the requirements in §299.15(a)(3) of this title (relating to Hydrologic and Hydraulic Criteria for Dams);
   2. (2) a plan for meeting the requirements in §299.15(a)(4) of this title;
   3. (3) a plan for removing the dam, as described in §299.51 of this title (relating to Removal or Breach of Dams);
   4. (4) a plan for lowering the reservoir level to a level that will allow it to meet the appropriate minimum hydrologic criteria; or
   5. (5) a plan using a combination of structural and non-structural methods as proposed by the owner's professional engineer.
2. (b) The executive director shall review the owner's proposal and respond as described in §299.22(e) of this title (relating to Review and Approval of Construction Plans and Specifications).

Source Note:The provisions of this §299.17 adopted to be effective January 1, 2009, 33 TexReg 10465.