The bill, S.B. No. 43, proposes an amendment to the Water Code of Texas, specifically Section 11.121, to include a new exemption from the requirement to obtain a permit from the Texas Commission on Environmental Quality for certain dams or reservoirs. The new legal language introduces Section 11.1423, which defines a "qualified local sponsor" as a district or authority that has an agreement with the USDA's Natural Resources Conservation Service to operate and maintain a dam or reservoir for erosion, floodwater, and sediment control. This exemption allows qualified local sponsors to construct or maintain dams or reservoirs with a normal storage capacity of up to 200 acre-feet without a permit, as well as to divert water for necessary repairs and maintenance.

Additionally, the bill stipulates that the termination of the agreement between the qualified local sponsor and the USDA does not affect the 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 April 1, 2026. The bill will take effect immediately if it receives a two-thirds vote from both houses; otherwise, it will take effect 91 days after the legislative session concludes.

Statutes affected:
Introduced: Water Code 11.121 (Water Code 11)