The bill amends the Water Code to introduce a new exemption from the requirement to obtain a permit from the Texas Commission on Environmental Quality for certain dams or reservoirs. Specifically, it 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 a permit. Additionally, the bill permits these sponsors to divert water from the dam or reservoir as necessary for maintenance and repair.

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 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)