### Question
How is the term new dam or diversion defined?


### Answer
The term **new dam or diversion** is defined in *16 U.S.C. § 824a* as the following:

> a dam or diversion which requires, for purposes of installing any hydroelectric power project, any construction, or enlargement of any impoundment or diversion structure (other than repairs or reconstruction or the addition of flashboards or similar adjustable devices) [3](#824a-3_3_target)


#### (l) Definitions


For purposes of this section, the terms "small power production facility", "qualifying small power production facility", "qualifying small power producer", "primary energy source", "cogeneration facility", "qualifying cogeneration facility", and "qualifying cogenerator" have the respective meanings provided for such terms under section 3(17) and (18) of the Federal Power Act [16 U.S.C. 796(17), (18)]

#### Citation:
  - *16 U.S.C. § 824a*
  - Heading: **CHAPTER 12-FEDERAL REGULATION AND DEVELOPMENT OF POWER > SUBCHAPTER II-REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN INTERSTATE COMMERCE**

