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A BILL TO BE ENTITLED
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AN ACT
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relating to the exempt use of flood control reservoirs constructed |
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pursuant to Public Law P.L. 83-566 by qualified local sponsors. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1: 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 SPONSORED FLOOD CONTROL |
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RESERVOIRS. (a) Without obtaining a permit a District operating as |
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a Qualified Local Sponsor may: |
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(1) construct or maintain on property owned or |
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controlled by the Sponsor a dam or reservoir with normal storage of |
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not more than 200 acre-feet of water for purposes of erosion, |
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floodwater, and sediment control; and |
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(2) divert water from the reservoir as needed for the |
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limited purpose of using the water to repair, maintain, |
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rehabilitate the impoundment and associated works of improvement to |
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maintain the operational integrity and purpose of the dam or |
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reservoir. |
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(b) As used in this Section, the term "Qualified Local |
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Sponsor" means any district or authority created by authority of |
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either Sections 52(b)(1) and (2), Article III, or Section 59, |
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Article XVI, Texas Constitution, regardless of how created that has |
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entered into an agreement with the United States Department of |
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Agriculture, Natural Resources pursuant to Public Law 83-566 to |
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serve as a local sponsor to operate and maintain the reservoir for |
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purposes of erosion, floodwater, and sediment control. |
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(c) The exempt status of the reservoir and the beneficial |
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uses authorized by this Section shall not be affected by the |
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subsequent termination of the agreement between the district and |
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United States so long as the reservoir continues to be owned or |
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controlled by the district for the purposes contemplated by this |
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Section. |
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SECTION 2. 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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amended by this Act, not later than January 1, 2026. |
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SECTION 3. 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 September 1, 2025. |