The executive director shall evaluate the hydrologic, hydraulic, and structural adequacy of the dam in determining whether a proposed or existing dam is considered a deficient dam.
  (1) The executive director shall evaluate the hydrologic and hydraulic adequacy of the dam and spillways using the criteria in the most current version, at the time of the evaluation, of the agency's Hydrologic and Hydraulic Guidelines for Dams in Texas.
  (2) The executive director may also take into consideration the condition of the dam, including the possibility that the dam might be endangered by:
    (A) overtopping;
    (B) seepage;
    (C) piping;
    (D) settlement;
    (E) erosion;
    (F) cracking;
    (G) sinkholes;
    (H) earth movement;
    (I) uplift;
    (J) overturning;
    (K) failure of gates or operation of gates;
    (L) failure of spillways;
    (M) failure of conduits; or
    (N) other conditions, as appropriate.

Source Note: The provisions of this §299.11 adopted to be effective January 1, 2009, 33 TexReg 10465