S.B. No. 18 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 that are operated and maintained for erosion, floodwater, and sediment control. Specifically, it adds 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 section, qualified local sponsors can construct or maintain a dam or reservoir 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.

The bill also 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 control for the specified purposes. Additionally, the Texas Commission on Environmental Quality is tasked with adopting rules to implement this new exemption 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 that vote is not achieved.

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)
House Committee Report: Water Code 11.121 (Water Code 11)
Enrolled: Water Code 11.121 (Water Code 11)