Aha! Federal land!
On Federal land, the Almighty Feds may do whatever they damn well please.
My district in the State of Confusion included several highways that had been constructed when dinosaurs roamed the earth, on BLM land. Or, as it was once was known, GLO land. The State now has ownership (and liability!) for these roads.
I worked in Record Maps my last years, helping people research what the State owned in their neck of the woods. Heh.
When the Feds relinquished the roads to the State, oftentimes there were no deeds, no mapping, no survey notes, nothing. I’m sure there is a mouldering letter in some file (which I did not have) that said essentially, “All yours!”
I got people walking into my office doing research, that must be used in conjunction with their modern day needs. And I didn’t have the information. They would be extremely displeased when I tried to explain WHY I didn’t have it.
I’d say, “The road is, where the road is.” (Meaning the physical road, for all intents and purposes, was floating in space.)
I had design engineers yelling at me, “You MUST have mapping, it is a State road!”
So then I have to go get the Big Boss (with more rank than the unhappy design engineers) to tell them essentially what I had said.
Moral of my story: Federal land is in another dimension of space and time. The Feds can do as they damn well please.
All of my yammering is for privately owned land.
However…(you knew that was coming!) yes, the Feds can mickey-mouse a wall however they want. But if the hydrology, geology, design standards, etc etc etc are not addressed properly, the Feds will be completely liable for the collapsing, misrouted water, impalings, whatnot.
And the taxpayers will pay and pay and pay.
~VOW