Senate Bill No. 2568, introduced by Zaffirini, amends the Water Code to provide an exemption from the requirement to obtain a permit from the Texas Commission on Environmental Quality for certain dams or reservoirs. Specifically, the bill adds Section 11.1423, which allows a "qualified local sponsor"—defined as a district or authority that has an agreement with the USDA's Natural Resources Conservation Service—to construct or maintain a dam or reservoir with a normal storage capacity of up to 200 acre-feet for the purposes of erosion, floodwater, and sediment control without needing a permit. The bill also permits these sponsors to divert water from the dam or reservoir as necessary for maintenance and repair.

Additionally, the bill clarifies that the termination of the agreement between the local sponsor and the USDA does not affect the permit exemption, as long as the dam or reservoir remains under the control of the qualified local sponsor for the specified purposes. The Texas Commission on Environmental Quality is tasked with adopting rules to implement this new section by January 1, 2026. The bill will take effect immediately if it receives a two-thirds vote from both houses; otherwise, it will take effect on September 1, 2025.

Statutes affected:
Introduced: ()
Senate Committee Report: Water Code 11.121 (Water Code 11)
Engrossed: Water Code 11.121 (Water Code 11)
House Committee Report: Water Code 11.121 (Water Code 11)