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A BILL TO BE ENTITLED
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AN ACT
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relating to an exemption from the requirement to obtain a permit |
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from the Texas Commission on Environmental Quality for certain dams |
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or reservoirs operated and maintained for the purposes of erosion, |
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floodwater, and sediment control. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.121, Water Code, is amended to read as |
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follows: |
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Sec. 11.121. PERMIT REQUIRED. Except as provided in |
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Sections 11.1405, 11.142, 11.1421, 11.1422, 11.1423, and 18.003, no |
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person may appropriate any state water or begin construction of any |
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work designed for the storage, taking, or diversion of water |
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without first obtaining a permit from the commission to make the |
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appropriation. |
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SECTION 2. Subchapter D, Chapter 11, Water Code, is amended |
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by adding Section 11.1423 to read as follows: |
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Sec. 11.1423. PERMIT EXEMPTION FOR CERTAIN DAMS OR |
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RESERVOIRS FOR EROSION, FLOODWATER, AND SEDIMENT CONTROL. (a) In |
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this section, "qualified local sponsor" means a district or |
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authority created under Section 52(b)(1) or (2), Article III, or |
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Section 59, Article XVI, Texas Constitution, that has entered into |
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an agreement with the United States Department of Agriculture's |
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Natural Resources Conservation Service pursuant to the Watershed |
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Protection and Flood Prevention Act (16 U.S.C. Section 1001 et |
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seq.) to serve as a local sponsor to operate and maintain a dam or |
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reservoir for purposes of erosion, floodwater, and sediment |
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control. |
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(b) Without obtaining a permit, a qualified local sponsor |
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may: |
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(1) construct or maintain on property owned or |
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controlled by the qualified local sponsor a dam or reservoir with |
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normal storage of not more than 200 acre-feet of water for the |
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purposes of erosion, floodwater, and sediment control; and |
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(2) divert water from the dam or reservoir as needed in |
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order to repair, maintain, or rehabilitate the impoundment and |
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associated works of improvement so as to maintain the operational |
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integrity and purpose of the dam or reservoir. |
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(c) The termination of an agreement between a qualified |
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local sponsor and the United States Department of Agriculture's |
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Natural Resources Conservation Service does not affect the |
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exemption described by Subsection (b), provided that the dam or |
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reservoir continues to be owned or controlled by the qualified |
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local sponsor for the purposes of erosion, floodwater, and sediment |
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control. |
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SECTION 3. The Texas Commission on Environmental Quality |
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shall adopt rules to implement Section 11.1423, Water Code, as |
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added by this Act, not later than April 1, 2026. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect on the 91st day after the last day of the |
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legislative session. |