S.B. No. 43 proposes an amendment to the Texas Water Code to exempt certain dams or reservoirs from the requirement to obtain a permit from the Texas Commission on Environmental Quality (TCEQ) when they are operated and maintained for erosion, floodwater, and sediment control. The bill introduces a new section, 11.1423, which defines a "qualified local sponsor" as a district or authority that has an agreement with the U.S. Department of Agriculture's Natural Resources Conservation Service to manage such dams or reservoirs. Under this new provision, qualified local sponsors can construct or maintain dams or reservoirs with a normal storage capacity of up to 200 acre-feet without needing a permit, as well as divert water for necessary repairs and maintenance.

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 local sponsor's ownership or control for the specified purposes. The TCEQ is tasked with adopting rules to implement this new section by April 1, 2026. The bill will take effect immediately if it receives a two-thirds majority vote in both houses; otherwise, it will become effective 91 days after the legislative session concludes.

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