S.B. No. 18 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 bill introduces 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 operate and maintain a dam or reservoir for erosion, floodwater, and sediment control. Under this new section, qualified local sponsors can construct or maintain dams or reservoirs with a normal storage capacity of up to 200 acre-feet without a permit, as well as divert water from these structures 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 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 April 1, 2026. The bill is set to take effect immediately upon receiving a two-thirds vote from both houses or on the 91st day after the legislative session if such a vote is not achieved.

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