---
kind: "section"
citation: "18 C.F.R. § 12.39"
title: "18"
number: "12.39"
heading: "Evaluation of spillway adequacy."
url: "https://uscodex.org/cfr/18/12.39"
---

# §12.39. Evaluation of spillway adequacy.


The adequacy of any spillway must be evaluated, as part of a comprehensive assessment or as otherwise requested by the Regional Engineer, by considering hazard potential which would result from failure of the project works during normal and flood flows.

- (a) If failure would present a hazard to human life or cause significant property damage, the independent consultant team must evaluate the following for floods up to and including the probable maximum flood:
  - (1) The ability of project works to withstand the loading or overtopping which may occur during floods;
  - (2) The capacity of spillways to prevent the reservoir from rising to an elevation that would endanger the project works; and
  - (3) The potential for misoperation of; failure to operate; blockage of; or debilitating damage to a spillway and its appurtenances (including but not limited to structural, mechanical, and electrical components of gates, valves, chutes, and training walls); and the effect thereof on the maximum reservoir level and potential for surcharged loading or overtopping to occur during floods.
- (b) If failure would not present a hazard to human life or cause significant property damage, spillway adequacy may be evaluated by means of a design flood of lesser magnitude than the probable maximum flood provided that the most recent comprehensive assessment report required by [§ 12.38](/cfr/18/12.38.md) provides a detailed explanation of and rationale for the finding that structural failure would not present a hazard to human life or cause significant property damage.

## Notes

### Source

Source: 87 FR 1515, Jan. 11, 2022, unless otherwise noted.

### Authority

Authority: 16 U.S.C. 791a-825r; 42 U.S.C. 7101-7352.

### Source

Source: Order 122, 46 FR 9036, Jan. 28, 1981, unless otherwise noted.